Wis. Admin. Code DCF — Department of Children and Families

Chapter DCF 1 FEES FOR CHILD WELFARE AND COMMUNITY-BASED YOUTH JUSTICE SERVICES

Wis. Admin. Code § DCF 1.01 Purpose {#sec-dcf-1.01 omnilex-key=us-wi-regs-official--agency-dcf--DCF 1.01}

This chapter specifies the conditions under which the department establishes and collects fees and delegates to county departments the authority to establish and collect fees under ss. 49.32 (1) and 49.345 (14) (a), Stats. The chapter also specifies the manner of application of ch. DCF 150 when determining child support under s. 49.345 (14) (b) and (c), Stats., and procedures for collecting support under s. 49.345 (14) (e), Stats.

History

CR 24-006: cr. Register December 2024 No. 828, eff. 1-1-25.

Wis. Admin. Code § DCF 1.02 Definitions {#sec-dcf-1.02 omnilex-key=us-wi-regs-official--agency-dcf--DCF 1.02}

Unless otherwise specified, in this chapter:

(1) “Child-placing agency” means an agency licensed under ch. DCF 54 and s. 48.66, Stats., or a similar agency licensed in another state.

(2) “Client” means an individual who receives child welfare services under ch. 48, Stats., or community-based youth justice services under ch. 938, Stats., that are purchased or provided by the department or a county department.

(3) “Collection period” means the period of time that begins on the day a service is provided and ends the earliest of when the fee for the service is paid in full, when the fee is waived, or as provided under the applicable statutes of limitation in s. 893.40 or 893.97, Stats.

(4) “Community-based youth justice services” has the meaning given for “community-based juvenile delinquency-related services” in s. 49.11 (1c), Stats.

(5) “County department” means a county department of social services under s. 46.215 or 46.22, Stats., or a county department of human services under s. 46.23, Stats.

(6) “Department” means the department of children and families.

(7) “Fee” means the amount established as a charge for a service under s. DCF 1.03.

(8) “Foster home” has the meaning given in s. 48.02 (6), Stats.

(9) “Group home” has the meaning given in s. 48.02 (7), Stats.

(10) “Juvenile detention facility” has the meaning given in s. 938.02 (10r), Stats.

(11) “Maximum monthly payment amount” means the amount that a county department or the department has determined that an individual has the ability to pay toward fee liability per month based on the gross monthly income and number of individuals living in the family as indicated in the schedule in s. DCF 1.05 (2) (a).

(12) “Medical assistance” has the meaning given in s. 49.43 (8), Stats.

(13) “Minor” means an individual under 18 years of age.

(14) “Parent” means any of the following:

(a) An individual who has legal custody of a minor at the time a service is provided.

(b) A resident of this state who brought a minor into the state for the purpose of adoption under s. 48.839, Stats.

(15) “Residential care center for children or youth” has the meaning given in s. 48.02 (15d), Stats.

(16) “Residential, nonmedical facility” means a foster home, subsidized guardianship home, group home, residential care center for children and youth, or shelter care facility.

(17) “Service” includes care, maintenance, supplies, and other services purchased or provided by a county department or the department under ch. 48, Stats., or as a community-based youth justice service under ch. 938, Stats.

(18) “Shelter care facility” has the meaning given in s. 48.02 (17), Stats.

(19) “Social security disability insurance” means payments under 42 USC 401 to 433 for individuals determined disabled under program requirements.

(20) “Spouse” means an individual who is married to a client at the time a service is provided or at the time a county department or the department is attempting to collect a fee.

(21) “Subsidized guardianship home” means the home of an individual receiving payments under s. 48.623, Stats.

(22) “Supplemental security income” means payments under 42 USC 1381 to 1385.

History

CR 24-006: cr. Register December 2024 No. 828, eff. 1-1-25.

Wis. Admin. Code § DCF 1.03 Fees {#sec-dcf-1.03 omnilex-key=us-wi-regs-official--agency-dcf--DCF 1.03}

(1) Establishment of fees. Except as provided under sub. (2), a county department or the department may establish fees for child welfare services under ch. 48, Stats., and community-based youth justice services under ch. 938, Stats., purchased or provided for a client.

(2) Services for which fee is prohibited. A county department or the department may not charge a fee for a service if any of the following conditions is met:

(a) State or federal law prohibits charging a fee for the service.

(b) The county department or the department has determined that charging a fee for the service would be administratively unfeasible or would significantly prevent accomplishing the purpose of the service.

(3) Residential services fee. A county department or the department may charge a minor client’s parent a fee for the care and maintenance of the minor client in a residential, nonmedical facility or juvenile detention facility only if the parent has not been ordered to pay child support as provided under s. 49.345 (14) (b) or (c) or ch. 767, Stats., for placement of the minor client in a residential nonmedical facility or a juvenile detention facility.

(4) Transparency and notice. If a county department or the department establishes fees under sub. (1), it shall do all of the following:

(a) Make both printed and electronic information widely available on all of the following:

The services for which a fee is charged.
The fee amounts charged for the services or the method for determining the fee amounts.

(b) Make reasonable efforts to provide written notice of the amount of any fee that will be charged to all individuals who may be liable for the fee before the service is provided or as soon as feasible after the service begins.

History

CR 24-006: cr. Register December 2024 No. 828, eff. 1-1-25.

Wis. Admin. Code § DCF 1.04 Fee liability, exemptions, and waivers {#sec-dcf-1.04 omnilex-key=us-wi-regs-official--agency-dcf--DCF 1.04}

(1) Persons liable. Except as provided in sub. (2), any of the following persons shall be liable for a fee:

(a) A client who is not a minor at the time the service is provided.

Note: An adult is not liable for a fee for services received as a minor.

(b) A parent of a minor client.

(d) The surety company if the condition of a bond under s. 48.839 (1) or 48.98 (2), Stats., is met.

(e) A person, other than a county department or a licensed child-placing agency, that brought a child into this state for the purpose of placing the child in a foster home if the conditions in s. 48.98 (2), Stats., are met.

(f) Any other person liable by contract, law, or as determined by a court.

(2) Fee prohibited. A county department or the department may not charge a fee to any of the following persons:

(a) A client who is a minor at the time the service is provided.

(b) Any other person determined not liable by a court.

(3) Discretionary waiver.

(a) A county department or the department may refrain from charging a fee, compromise the amount of a fee, or forgive all or part of a fee debt if the county department or the department determines that any of the following apply:

The individual receives medical assistance, supplemental security income, or social security disability insurance.
No payments are currently required because the individual’s maximum monthly payment amount is $0.
Collection is inappropriate due to the needs of the individual or the individual’s family.
Collection is administratively unfeasible.
Collection would significantly prevent accomplishing the purpose of the service.

(b) A county department or the department may waive all or part of an individual’s fee liability for a reason specified in par. (a) at any time.

(c) The county department or the department shall document any fee liability that is waived as provided in s. DCF 1.05 (7) (a) 4.

History

CR 24-006: cr. Register December 2024 No. 828, eff. 1-1-25.

Wis. Admin. Code § DCF 1.05 Billing {#sec-dcf-1.05 omnilex-key=us-wi-regs-official--agency-dcf--DCF 1.05}

(1) Monthly bill if ability to pay. Each month during the collection period, a county department or the department shall issue a billing statement to each liable individual whose current maximum monthly payment amount is more than $0.

Note: A joint billing statement may be sent to all liable individuals who live at the same address.

(2) Determining the maximum monthly payment amount.

(a) Maximum monthly payment schedule.

Subject to par. (c), a county department or the department shall determine a liable individual’s maximum monthly payment amount using information under par. (b) and the maximum monthly payment schedule issued by the department. The maximum monthly payment schedule indicates the maximum amount that the department determines a liable individual has the ability to pay toward fee liability per month based on gross monthly income and the number of individuals living in the family.
The department may collaborate with the department of health services to use a common maximum monthly payment schedule for this chapter and ch. DHS 1.
The maximum monthly payment schedule shall be updated annually based on the consumer price index for the midwest region issued by the U.S. department of labor.

Note: The maximum monthly payment schedule is available at https://www.dhs.wisconsin.gov/uniform-fee/index.htm

(b) Financial circumstances. A county department or the department may determine the gross monthly income and number of individuals living in the liable individual’s family using any of the following:

A completed financial responsibility form, which gives due regard to the relationships and the present needs of the individual or of the lawful dependents, and documentation that verifies the information provided in the form.

Note: A county department may use the financial responsibility form that is available at https://www.dhs.wisconsin.gov/forms/f8/f80130.pdf or may develop their own form that meets the conditions of this subdivision.

Information in the county department’s or the department’s records about the liable individual and the individual’s family.

(c) Single maximum monthly payment amount. A county department or the department shall determine a single maximum monthly payment amount for a family who lives together and receives services for which a fee is charged under this chapter or this chapter and ch. DHS 1, regardless of the number of liable individuals in the family, the number of family members receiving services, the number of agencies providing services, or whether the fees were established under this chapter or ch. DHS 1.

(3) When the maximum monthly payment amount is determined.

(a) Mandatory determination. Subject to sub. (8), a county department or the department shall determine a liable individual’s maximum monthly payment amount at all of the following times during the collection period:

When services begin or upon the county department or the department obtaining sufficient information on the individual’s financial circumstances under sub. (2) (b).
When the county department or the department receives notice that there has been a change in the financial circumstances of the liable individual or the individual’s family.
Every 12 months while services are being provided.

(b) Discretionary determination. A county department or the department may determine a liable individual’s maximum monthly payment amount at any of the following times during the collection period:

At the conclusion of services to the client.
Periodically after services have concluded.

(4) Optional short-cut method. A county department or the department may determine that a liable individual’s maximum monthly payment amount is $0 if the individual is receiving medical assistance, social security disability insurance, or supplemental security income.

(5) Retroactive adjustment. Following a redetermination of a liable individual’s maximum monthly payment amount, the county department or the department may retroactively apply the new maximum monthly payment amount for up to 90 days prior to receipt of the updated financial information.

(6) Disclosure. A county department or the department may release financial and service information to qualified staff within the county department or the department for billing and collection purposes.

(7) Billing statements.

(a) A county department or the department shall include all of the following in each billing statement issued under sub. (1) or (8):

An itemization of any services provided during the billing period, including the date the service was provided and the fee amount.
The date and amount of any payments received during the billing period.
The total outstanding liability as of the date of the statement.
Any liability that was waived under s. DCF 1.04 (3).
The due date and amount of the monthly payment due.

(b) A county department or the department may do any of the following:

Require a monthly payment amount that is less than the maximum monthly payment amount.
Bill for the current monthly amount due and any unpaid amounts due in previous months.
Issue billing statements to any liable person who is not an individual as the county department or department determines appropriate.

Note: The use of the term “individual” in the monthly billing and the ability to pay provisions means that they do not apply to liable entities, such as surety companies and child-placing agencies.

(8) Noncompliance. A county department or the department shall issue monthly billing statements for a liable individual’s total outstanding liability if any of the following conditions are met:

(a) The individual is informed of the right to maximum monthly payment amounts based on the individual’s ability to pay and knowingly refuses to complete a financial responsibility form or to provide verifying documentation under sub. (2) (b) 1.

(b) The individual intentionally misrepresents any information provided in the financial responsibility form under sub. (2) (b) 1.

Note: The county department or the department may also refuse to grant a waiver under s. DCF 1.04 (3).

(9) Other requirements. Each county department and the department shall do all of the following:

(a) Maintain documentation of compliance with this section. A county department shall provide the documentation to the department upon request.

(b) Establish a written procedure to periodically review accounts for accuracy and compliance with this chapter and follow the procedure established.

History

CR 24-006: cr. Register December 2024 No. 828, eff. 1-1-25.

Wis. Admin. Code § DCF 1.06 Collections {#sec-dcf-1.06 omnilex-key=us-wi-regs-official--agency-dcf--DCF 1.06}

(1) Nonpursuit. A county department or the department may not engage in efforts to collect from a liable individual whose maximum monthly payment amount is $0.

(2) Delinquent account.

(a) A county department or the department may consider an account to be delinquent if all of the following have occurred:

The monthly payment due has not been received for 90 consecutive days.
Notices stating that the monthly payment amount has not been received were sent to all liable persons after 30 days, 60 days, and 90 days of noncompliance.

(b) The county department or the department shall maintain documentation of notices sent under par. (a) 2.

(3) Tax intercept. A county department or the department may certify a fee debt for setoff by the department of revenue under s. 71.93 or 71.935, Stats., if the liable person has been provided with reasonable notice and an opportunity to be heard with regard to the debt.

(4) Collection agencies. A county department or the department may establish an agreement with a collection agency in compliance with s. 218.04, Stats., to collect a fee debt. The county department or the department shall monitor accounts sent to the collection agency.

(5) Statute of limitations.

(a) A county department or the department may collect a fee debt within the following timeframes:

Within 10 years after the cause of action accrues as provided under s. 893.87, Stats.
Within 20 years after a judgment is entered as provided under s. 893.40, Stats.

(b) For purposes of par. (a) 1., the cause of action accrues in the month that the service is provided.

Note: Under s. DCF 1.04 (3) (b), a county department or the department may waive liability for all or part of fee debt for a reason specified in s. DCF 1.04 (3) (a) at any time.

History

CR 24-006: cr. Register December 2024 No. 828, eff. 1-1-25.

Wis. Admin. Code § DCF 1.07 Child support determined in children’s or juvenile court {#sec-dcf-1.07 omnilex-key=us-wi-regs-official--agency-dcf--DCF 1.07}

(1) Definition. In this section, “child” means any of the following:

(a) An individual who is under 18 years of age.

(b) An individual who is 18 years of age or over but under 19 years of age and is a full−time student at a secondary school or its vocational or technical equivalent.

(2) Determination of child support amount. The amount of a parent’s child support obligation under s. 49.345 (14) (b) or (c), Stats., for a child placed in a residential, nonmedical facility or a juvenile detention facility by a court order shall be determined under ch. DCF 150, subject to the following:

(a) Proportionate share. The court may determine the amount of a parent’s child support obligation for a child placed in a residential, nonmedical facility or juvenile detention facility by a court order in the following manner:

Count the child placed in a residential, nonmedical facility or juvenile detention facility; any full siblings who are also placed in a residential, nonmedical facility or juvenile detention facility; and full siblings who remain in the home as a single group of children who constitute one child support obligation.
Use the percentages in ch. DCF 150 to determine the child support obligation for the sibling group and then determine the proportionate share for the child who is placed in a residential, nonmedical facility or juvenile detention facility, in conjunction with other applicable provisions in ch. DCF 150.

(b) Adoption assistance. If an adoption assistance agreement under s. 48.975 (4), Stats., is in effect for the child, the parent’s child support amount is as follows:

An amount that does not exceed the amount of any adoption assistance maintenance payments the parent is receiving under s. 48.975 (3) (a), Stats.
Zero dollars if the adoption assistance agreement provides for maintenance payments of $0 under s. 48.975 (3) (a) 3., Stats.

(3) Court deviation. Upon request by a parent, the court may deviate from the child support amount determined under sub. (2) if, after considering the factors specified in s. 49.345 (14) (c), the court finds by the greater weight of the credible evidence that the amount is unfair to the child or to either of the parents.

(4) Assignment and collection.

(a) An order issued under s. 48.355 (2) (b) 4. or (4g) (a), 48.357 (5m) (a), 48.363 (2), 938.183 (4), 938.355 (2) (b) 4., 938.357 (5m) (a), or 938.363 (2), Stats., for child support under s. 49.345 (14) (b) or (c), Stats., constitutes an assignment of all of the following to the county department in the county where the order was entered or to the department:

Salaries, wages, earnings, and commissions.
Worker’s compensation benefits under ch. 102, Stats.
Unemployment insurance benefits under ch. 108, Stats.
Pension benefits.
Income continuation insurance benefits under s. 40.62, Stats.
Duty disability benefits under s. 40.65, Stats.
Any other money due or to be due to the parent in the future.

(b) Except as provided in par. (c), for each payment made under the assignment, the person from whom the payer under the order receives money shall receive an amount equal to the person’s necessary disbursements, not to exceed $3, which shall be deducted from the money to be paid to the payer.

(c) Unemployment insurance payments under ch. 108, Stats., may be assigned and withheld only as provided in s. 108.13 (4), Stats. When money is to be withheld from these payments, no fee may be deducted from the amount withheld and no fine may be levied for failure to withhold the money.

(d) No employer may use an assignment as a basis for the denial of employment to a person, the discharge of an employee, or any disciplinary action against an employee. Any violation is subject to penalties specified in s. 49.345 (14) (e) 4., Stats.

History

CR 24-006: cr. Register December 2024 No. 828, eff. 1-1-25.

Chapter DCF 12 BACKGROUND CHECKS FOR CHILD WELFARE PROGRAMS

Wis. Admin. Code § DCF 12.01 Purpose and scope {#sec-dcf-12.01 omnilex-key=us-wi-regs-official--agency-dcf--DCF 12.01}

(1) This chapter is promulgated under the authority of ss. 48.67 (intro.), 48.685, and 227.11 (2) (a), Stats., to specify procedures necessary to implement background checks required under s. 48.685, Stats., for caregivers, congregate care workers, and nonclient residents at an entity or with a caregiver specified in s. DCF 12.02 (4) (c).

Note: For further information on the scope of the background check, see s. DCF 12.02 for definitions of terms used in this subsection.

(2) Sections DCF 12.05 to 12.08 do not apply to an entity that facilitates delegations of the care and custody of children under s. 48.979, Stats., unless the entity is also licensed by the department.

Note: The department recommends that an unlicensed entity voluntarily comply with relevant provisions in ss. DCF 12.05, 12.06, and 12.08.

History

CR 16-014: cr. Register June 2016 No. 726, eff. 7-1-16; EmR1918: emerg. am. (1), eff. 1-30-19; CR 19-089: am. (1) Register March 2020 No. 771, eff. 4-1-20; CR 21-107: am. (1) Register June 2022 No. 798, eff. 7-1-22.

Wis. Admin. Code § DCF 12.02 Definitions {#sec-dcf-12.02 omnilex-key=us-wi-regs-official--agency-dcf--DCF 12.02}

In this chapter:

(1) “Agency” means the department, a county department, or a child-placing agency.

(1m) “Background check” means the requirements in s. 48.685, Stats.

(2) “Background information disclosure” means the form prescribed by the department on which a person provides information for purposes of the background check.

Note: DCF-F-2978-E, Background Information Disclosure, is available in the forms section of the department’s website at http://dcf.wisconsin.gov or from an agency or entity.

(3) “Bar” means any of the following:

(a) A barrier to a person’s eligibility for regulatory approval, employment, or contract as a caregiver or congregate care worker.

(b) A barrier to a person’s nonclient residency at an entity or with a caregiver specified in s. DCF 12.02 (4) (c).

(4) “Caregiver” means any of the persons specified in s. 48.685 (1) (ag), Stats., and any of the following:

(a) A person who has, or is seeking, regulatory approval.

(b) A person who is, or is expected to be, an employee, a temporary employee, a student participating in a clinical or practicum at an entity as part of the curriculum, or a contractor of an entity if all of the following apply:

The person is, or is expected to be, under the control of the entity.
The person has, or is expected to have, regular, direct contact with clients of the entity.

(c) A person to whom delegation of the care and custody of a child under s. 48.979, Stats., has been, or is expected to be, facilitated by an entity.

Note: Section 48.685 (1) (ag) 2., Stats., provides that “caregiver” does not include an emergency medical technician or a first responder.

(7) “Child-placing agency” means a person that is licensed under ch. DCF 54.

Note: A child-placing agency is an entity and may also be an agency. A tribe may be licensed as a child-placing agency under ch. DCF 54 or may provide similar services under tribal law.

(8) “Client” means a person who receives direct care or treatment services from an entity, from a caregiver specified in s. DCF 12.02 (4) (c), or from a child care program under s. 48.686 (1) (aj). “Client” includes all of the following:

(a) An adopted child for whom adoption assistance payments are being made under s. 48.975, Stats.

(b) A child for whom subsidized guardianship payments are being made under s. 48.623, Stats.

(c) A person who is 18 to 21 years old, is receiving independent living services under 42 USC 677 (a) from an agency, is no longer placed in out-of-home care, and is residing in the foster home in which the person was previously placed.

Note: Most types of “clients” are not specified in this definition because the phrase “a person who receives direct care or treatment services from an entity” clearly applies to them. For further information, see the definition of “entity” in s. DCF 12.02 (14).

(8g) “Congregate care facility” means a residential care center for children and youth under s. 48.02 (15d), Stats.; a group home under s. 48.02 (7), Stats.; or a shelter care facility under s. 48.02 (17), Stats.

(8r) “Congregate care worker” means an adult who works in a congregate care facility. “Congregate care worker” includes a person who has or is seeking a license to operate a congregate care facility and does not include an unpaid volunteer.

(9) “Contractor” means, with respect to an entity, a person, or that person’s agent, who provides services to the entity under an express or implied contract or subcontract. “Contractor” includes a person who has staff privileges at the entity and a person to whom delegation of the care and custody of a child under s. 48.979, Stats., has been facilitated by the entity.

(10) “County department” means a county department of social services established under s. 46.22, Stats., or a county department of human services established under s. 46.23, Stats.

(11) “Department” means the department of children and families.

(12) “Direct contact” means face-to-face physical proximity to a client that affords the opportunity to commit abuse or neglect of a client or to misappropriate the property of a client.

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

(14) “Entity” means any of the following:

(a) A residential care center for children and youth that is required to be licensed as a child welfare agency under s. 48.60, Stats., and is licensed under ch. DCF 52 to provide care and maintenance for children and youth in its physical or legal custody.

(b) A child-placing agency.

(d) An interim caretaker who receives subsidized guardianship payments under s. 48.623 (6) (am), Stats., and s. DCF 55.12.

(e) A person who meets all of the following conditions:

The person is seeking payments under s. 48.623 (6) (bm), Stats.
The person has entered into a subsidized guardianship agreement under s. 48.623 (2), Stats., following the death or incapacity of a guardian who had named the person as a prospective successor guardian.
The person has not been appointed as a successor guardian by a court under s. 48.977 (5m), Stats.

(f) A group home that is required to be licensed under s. 48.625, Stats., and is licensed under ch. DCF 57.

(g) A shelter care facility licensed under s. 938.22, Stats., and ch. DCF 59.

(k) A temporary employment agency that provides caregivers or congregate care workers to another entity.

(L) An organization that facilitates delegations of the care and custody of children under s. 48.979, Stats., except as provided in s. DCF 12.01 (2).

(m) Any other entity included in s. 48.685 (1) (b), Stats.

Note: See s. 48.57 (3p), Stats., and s. DCF 58.05 for information on background checks required for kinship care.

(15) “Final substantiated finding” means all of the following:

(a) A final determination made after January 1, 2015, that a person has abused or neglected a child under s. 48.981 (3) (c) 5m., Stats., and s. DCF 40.04 if the final determination has not been reversed or modified on appeal.

(b) A determination made before January 1, 2015, that a person has abused or neglected a child under s. 48.981 (3) (c) 4., Stats., if the determination has not been reversed or modified on appeal.

(16) “Foster home” means a facility operated by a person who is required to be licensed under s. 48.62, Stats., and is licensed under ch. DCF 56, including a home operated by a person seeking adoption assistance under s. 48.975, Stats., and a home operated by a person seeking subsidized guardianship payments under s. 48.623, Stats.

(17) “Home study” means an assessment to determine whether an applicant is fit and qualified to care for a child and whether the physical environment of the applicant’s home is safe and healthy for all occupants.

(18) “Nonclient resident” means a person who meets all of the following criteria:

(a) The person is 10 years of age or over.

(b) The person resides, or is expected to reside, at an entity or with a caregiver specified in s. DCF 12.02 (4) (c).

(d) The person has, or is expected to have, regular, direct contact with clients of the entity or of the caregiver specified in s. DCF 12.02 (4) (c).

Note: For example, household members in foster homes are “nonclient residents.”

(19) “Person” has the meaning specified in s. 990.01 (26), Stats.

Note: Section 990.01 (26), Stats., provides that “person” includes all partnerships, associations and bodies politic or corporate.

(20) “Regular, direct contact with clients” means contact that is scheduled, planned, expected, or otherwise a result of the person’s role or relationship with the client.

(21) “Regulatory approval” means any of the following:

(a) Issuance, continuation, or renewal of a license by the department under s. 48.66, Stats.

(b) Issuance or renewal of a license to operate a foster home by the department, a county department, or a child-placing agency under s. 48.75, Stats.

(d) Approval of the person subject to the background check for a child care program to be established or contracted for by a school board under s. 120.13 (14), Stats.

(e) Approval of a person to be an interim caretaker who receives subsidized guardianship payments under s. 48.623 (6) (am), Stats., and s. DCF 55.12.

(f) Approval of a person who is seeking to be a successor guardian and to receive subsidized guardianship payments under s. 48.623 (6) (bm), Stats.

(g) Approval of pre-adoptive applicants for a home study for the purpose of adopting a child.

(h) Approval of a home study by the department, a county department, a child-placing agency, or a tribe for a person seeking adoption assistance under s. 48.975, Stats.

(22) “Rehabilitation review” means an agency process under which a person who has a bar may seek approval for any of the following:

(a) Regulatory approval.

(b) Employment or contract with an entity to be a caregiver or a congregate care worker for the entity.

(24) “Serious crime” means the offenses specified in s. 48.685 (1) (c), Stats. “Serious crime” includes the offenses specified in s. 48.685 (5) (bm) 4., Stats., after the waiting period for eligibility to demonstrate rehabilitation, unless the person has demonstrated rehabilitation under s. DCF 12.13 or 12.14.

Note: Tables that list serious crimes applicable to each program are available in the program regulatory sections of the department website at http://dcf.wisconsin.gov.

For group homes, residential care centers, child-placing agencies, and shelter facilities, see the child welfare licensing/background checks section of the department website.

For foster homes, adoption home studies, adoption assistance, and subsidized guardianship, see the foster care/related statutes and administrative rules section of the department website.

(25) “Tribe” means a federally-recognized American Indian tribe or band in this state.

(26) “Under the control of the entity” means that an entity does all of the following:

(a) Determines whether a person who is employed by or under express or implied contract with the entity and who has regular, direct contact with clients served by the entity may provide care, treatment, or other similar support service functions to clients.

(b) Directs or oversees one or more of the following:

The policies or procedures the person must follow in performing the caregiving duties.
The conditions under which the person performs the caregiving duties.
The tasks the person performs.
The person’s work schedule.
The supervision or evaluation of the person’s work or job performance, including imposing discipline and rewarding performance.
The compensation the person may receive for performing the caregiving duties.

History

CR 16-014: cr. Register June 2016 No. 726, eff. 7-1-16; EmR1918: emerg. am. (1), r. (6), am. (8) (intro.), r. (14) (h) to (j), am. (18) (a), r. (21) (c), (d), (23), r. and recr. (24), eff. 1-30-19; CR 19-089: am. (1), r. (6), am. (8) (intro.), r. (14) (h) to (j), am. (18) (a), r. (21) (c), (d), (23), r. and recr. (24) Register March 2020 No. 771, eff. 4-1-20; correction in (8) (intro.) made under s. 35.17, Stats., Register March 2020 No. 771; CR 21-107: am. (2), (3) (a), (4) (b) (intro.), renum. (5) to (1m) and am., am. (8) (c), cr. (8g), (8r), am. (14) (k), (15) (b), cr. (21) (d), am. (22) (b), (26) (b) 1., 2., 6. Register June 2022 No. 798, eff. 7-1-22.

Wis. Admin. Code § DCF 12.03 Background information disclosure {#sec-dcf-12.03 omnilex-key=us-wi-regs-official--agency-dcf--DCF 12.03}

In this chapter:

(1) Required form. Each agency and entity shall use and require use of the background information disclosure prescribed by the department to be completed to obtain information about a person’s background from the person as provided in s. 48.685 (6), Stats.

Note: DCF-F-2978-E, Background Information Disclosure, is available in the forms section of the department’s website at http://dcf.wisconsin.gov or from an agency or entity.

(2) Timely bid. Each agency and entity specified in s. DCF 12.02 (14) (a) to (g) shall require the background information disclosure to be completed by each caregiver, congregate care worker, and nonclient resident no more than 120 days before the agency or entity submits a request for information required under s. 48.685 (2) (am) or (b) and (3) (a) or (b), Stats.

(3) Maintaining Confidentiality. Each agency and entity shall retain all completed department background information disclosures in a manner that ensures prompt retrieval of the forms for inspection and shall comply with applicable federal and state confidentiality laws.

History

CR 16-014: cr. Register June 2016 No. 726, eff. 7-1-16; EmR1918: emerg. r. and recr. (2) (title), eff. 1-30-19; CR 19-089: r. and recr. (2) (title) Register March 2020 No. 771, eff. 4-1-20; CR 21-107: am. (2) Register June 2022 No. 798, eff. 7-1-22.

Wis. Admin. Code § DCF 12.04 Contracting for background checks {#sec-dcf-12.04 omnilex-key=us-wi-regs-official--agency-dcf--DCF 12.04}

(1) Contract. An entity may enter into a contract with any other entity or with a person, temporary employment agency, college, university, or vocational school to obtain the information required under s. 48.685 (2), (3), or (6), Stats.

(2) Documentation.

(a) An entity that enters into a contract under sub. (1) shall retain a copy of the agreement.

(b) An entity that enters into a contract under sub. (1) shall obtain from the entity, person, temporary employment agency, college, university, or vocational school that conducts the search for information required under s. 48.685 (2) or (3), Stats., all of the following for each person who is the subject of a search:

A copy of the completed background information disclosure if completion of the background information disclosure is required under s. 48.685 (6), Stats.
The results of the search required under s. 48.685 (2) or (3), Stats.

(c) The entity shall retain the most recent documentation received under par. (b) for each caregiver and congregate care worker that the entity employs or contracts with, so the documentation may be promptly retrieved and reviewed by the agency that regulates the entity.

Note: For child-placing agencies, the record retention period in par. (c) only applies to contracting for background checks of employees and contractors of the agency. Different record retention requirements apply for records on foster parents.

History

CR 16-014: cr. Register June 2016 No. 726, eff. 7-1-16; CR 21-107: am. (title), (2) (c) Register June 2022 No. 798, eff. 7-1-22.

Wis. Admin. Code § DCF 12.05 Obtaining armed forces information {#sec-dcf-12.05 omnilex-key=us-wi-regs-official--agency-dcf--DCF 12.05}

(1) If a person who is the subject of a background check served in a branch of the U.S. armed forces within the previous 3 years, including any reserve component, the agency or entity shall make every reasonable effort to obtain the discharge status of that person, either from the discharge papers issued to the person or from the armed forces branch in which the person served.

(2) The agency or entity shall document the efforts made to obtain the discharge status of the person.

(3) If the discharge status of the person is other than honorable, the agency or entity shall obtain information on the nature and circumstances of the discharge.

Note: The information from the armed forces may include relevant military court findings or information relevant to making a determination of whether an applicant is fit and qualified.

History

CR 16-014: cr. Register June 2016 No. 726, eff. 7-1-16; CR 21-107: am. (1) Register June 2022 No. 798, eff. 7-1-22.

(1) Caregivers and congregate care workers. To determine whether a caregiver’s or a congregate care worker’s conviction or delinquency adjudication for an offense that is not a serious crime is substantially related to the care of a client or the activities of a program for purposes of s. 48.685 (5m), Stats., an agency or entity shall consider all of the following:

(a) In relation to the job or caregiving role, all of the following:

The nature and scope of the caregiver’s or congregate care worker’s client contact.
The scope of the discretionary authority and independent judgment the caregiver or congregate care worker has to make decisions or take actions that affect the care of clients.
The opportunity the job or caregiving role presents for committing similar crimes.
The extent to which acceptable performance in the job or caregiving role requires the trust and confidence of clients and the parents or guardians of clients.
The amount and type of supervision received.

(b) In relation to the criminal conviction or delinquency adjudication, all of the following:

Whether intent is an element of the crime.
Whether the elements or circumstances of the crime are related to the job or caregiving duties.
Any pattern of criminal convictions or delinquency adjudications
The extent to which the crime relates to clients or other vulnerable persons
Whether the crime involves violence or a threat of harm
Whether the crime is of a sexual nature

The number and type of crimes for which the person has been convicted or adjudicated delinquent.
The length of time between the conviction or delinquency adjudication and the decision affecting regulatory approval, employment, or contract.
The person’s employment history, including references, if available.
The person’s participation in or completion of pertinent programs of a rehabilitative nature.
The person’s probation, extended supervision, or parole status.
The person’s ability to perform or to continue to perform the job or caregiving role consistent with the safe and efficient operation of the program and the confidence of clients and the parents or guardians of clients.
The age of the person on the date the crime was committed.

(2) Nonclient residents. To determine whether a nonclient resident’s criminal conviction or delinquency adjudication for an offense that is not a serious crime is substantially related to a nonclient resident’s access to clients or the activities of a program for purposes of s. 48.685 (5m), Stats., an agency shall consider all of the following:

(a) In relation to nonclient residency, all of the following:

The nature and scope of the nonclient resident’s contact with clients or activities of the program.
The opportunity nonclient residency presents for committing similar crimes.
The amount and type of supervision of the nonclient resident.

(b) In relation to the criminal conviction or delinquency adjudication, all of the following:

Whether intent is an element of the crime.
Whether the elements or circumstances of the crime involve access to clients or activities of the program.
Any pattern of criminal convictions or delinquency adjudications.
The extent to which the crime relates to clients or other vulnerable persons.
Whether the crime involves violence or a threat of harm.
Whether the crime is of a sexual nature.

The number and type of crimes for which the person has been convicted or adjudicated delinquent.
The length of time between the conviction or delinquency adjudication and the determination affecting nonclient residency.
The person’s participation in or completion of pertinent programs of a rehabilitative nature.
The person’s probation, extended supervision, or parole status.
The age of the person on the date the crime was committed.

(3) Documentation.

(a) An agency shall document how it reached the determination under sub. (1) that the criminal conviction or delinquency adjudication of a caregiver under s. DCF 12.02 (4) (a) is or is not substantially related to care of a client or activities of the program.

(b) An agency shall document how it reached the determination under sub. (2) that the criminal conviction or delinquency adjudication of a nonclient resident is or is not substantially related to access to clients or activities of a program.

(c) An entity shall document how it reached a determination under sub. (1) that a criminal conviction or delinquency adjudication of a caregiver specified in s. DCF 12.02 (4) (b) is or is not substantially related to the care of a client or activities of a program.

Note: Form DCF-F-CFS2261-E, Background Checks Substantially Related Investigation Report, is available, but is optional, for documentation of the determination as required in sub. (3). If a home study is required for foster care licensure, subsidized guardianship, or adoption approval, county departments and child-placing agencies must include documentation of the determination in the home study.

An agency or entity is required to determine whether a criminal conviction or delinquency adjudication for an offense that is not a “serious crime” as defined in s. DCF 12.02 (24) is substantially related to the care of children or the activities of the program. It may be helpful to contact the appropriate clerk of court to obtain a copy of the criminal complaint and judgment of conviction as part of that investigation and determination. Section 48.685 (2) (bb), Stats., requires an agency or entity to contact the appropriate clerk of court to obtain a copy of the criminal complaint and judgment of conviction for a violation of s. 940.19 (1), 940.195, 940.20, 941.30, 942.08, 947.01 (1), or 947.013, Stats., if the conviction was within the past 5 years.

To file a complaint of prohibited employment discrimination under s. 111.335, Stats., contact the Equal Rights Division, Department of Workforce Development, P.O. Box 8928, Madison, WI 53708-8928 or 608-266-6860.

History

CR 16-014: cr. Register June 2016 No. 726, eff. 7-1-16; CR 21-107: am. (1) (title), (intro.), (a) 1. to 4. Register June 2022 No. 798, eff. 7-1-22.

Wis. Admin. Code § DCF 12.07 Denial and revocation information {#sec-dcf-12.07 omnilex-key=us-wi-regs-official--agency-dcf--DCF 12.07}

Each county department and child-placing agency shall provide the department with written information about each person for whom the county department or child-placing agency denied or revoked regulatory approval specified in s. DCF 12.02 (21) (b), (e), (f), (g), or (h) for a reason specified in s. 48.685 (4m), Stats. The county department or child-placing agency shall provide the information in an automation system prescribed by the department or on a form prescribed by the department.

Note: County departments and child-placing agencies with direct access to eWiSACWIS, the department’s child welfare automation system, enter the information into the system. Child-placing agencies that do not have direct access to eWiSACWIS provide the information on Form DCF-F-CFS2191, Negative Action Notice, which is available in the forms section of the department’s website, dcf.wisconsin.gov. Send the completed form to Out-of-Home Care Section, DCF/DSP, P.O. Box 8916, Madison, WI 53708-8916.

History

CR 16-014: cr. Register June 2016 No. 726, eff. 7-1-16; EmR1918: emerg. am. (title), eff. 1-30-19; CR 19-089: am. (title) Register March 2020 No. 771, eff. 4-1-20.

Wis. Admin. Code § DCF 12.08 Reporting requirements {#sec-dcf-12.08 omnilex-key=us-wi-regs-official--agency-dcf--DCF 12.08}

(1) Entity reporting of offense. An entity shall report to the agency that gave regulatory approval as soon as the entity knows, or should have known, that any of the following apply to a caregiver, congregate care worker, or nonclient resident at the entity:

(a) The person is the subject of a delinquency petition alleging that the person committed a serious crime.

(b) The person has been adjudicated delinquent for committing any crime.

(d) The person has been convicted of any crime.

(e) A final substantiated finding has been made that the person abused or neglected a child.

(f) A finding that is comparable to a final substantiated finding has been made in any other jurisdiction.

(g) A unit of government or a state agency as defined in s. 16.61 (2) (d), Stats., made a finding that the person has abused or neglected a client or misappropriated the property of a client.

(h) If a position requires a person to be credentialed by the department of safety and professional services, the person has been denied a credential or had a credential restricted or otherwise limited.

(2) Other entity reporting.

(a) An entity shall report to the agency that gave regulatory approval as soon as possible, but no later than the agency’s next business day, if any of the following occurs:

A person who is age 10 or over and is not a client begins residing at, or is expected to reside at, an entity.
A person who is residing at the entity and is not a client turns 10 years of age.
A nonclient resident turns 18 years of age.
A corporation or limited liability company designates a new person to be subject to the background check.
The name of a caregiver under s. DCF 12.02 (4) (a), congregate care worker, or a nonclient resident at the entity has been changed.

(b) When a change specified under par. (a) 1. to 4. occurs regarding an entity, the entity shall submit a completed background information disclosure for the new person subject to the background check to the agency as soon as possible, but no later than the agency’s next business day.

(3) Entity policy. An entity shall include in its personnel or operating policies a provision that requires a person who is a caregiver specified in s. DCF 12.02 (4) (b) or a congregate care worker to notify the entity as soon as possible, but no later than the entity’s next working day, if any of the following apply:

(a) The person is the subject of a delinquency petition alleging that the person committed a serious crime.

(b) The person has been adjudicated delinquent for committing any crime.

(d) The person has been convicted of any crime.

(e) A final substantiated finding has been made that the person abused or neglected a child.

(f) A finding that is comparable to a final substantiated finding has been made in any other jurisdiction.

(g) A unit of government or a state agency as defined in s. 16.61 (2) (d), Stats., has made a finding that the person has abused a client or misappropriated the property of a client.

History

CR 16-014: cr. Register June 2016 No. 726, eff. 7-1-16; EmR1918: emerg. am. (1) (a), (b), (2) (a) 1., 2., renum. (2) (b) 1. to (2) (b), r. (2) (b) 2., am. (3) (a), (b), eff. 1-30-19; CR 19-089: am. (1) (a), (b), (2) (a) 1., 2., renum. (2) (b) 1. to (2) (b), r. (2) (b) 2., am. (3) (a), (b) Register March 2020 No. 771, eff. 4-1-20; CR 21-107: am. (1) (intro.), (a), (b), (2) (a) 4., 5., (b), (3) (intro.), (a), (b) Register June 2022 No. 798, eff. 7-1-22.

Wis. Admin. Code § DCF 12.09 Sanctions {#sec-dcf-12.09 omnilex-key=us-wi-regs-official--agency-dcf--DCF 12.09}

(1) Entity.

(a) An entity that does any of the following may be subject to one or more of the sanctions specified in par. (b):

Hires, employs, or contracts with a caregiver or congregate care worker or permits a nonclient resident to reside at an entity or with a caregiver specified in s. DCF 12.02 (4) (c) if the entity knows, or should know, that the caregiver, congregate care worker, or nonclient resident is barred under s. 48.685 (4m) (b) or that a nonclient resident is ineligible for residency under s. 48.685 (5m), Stats.
Violates any provision in s. 48.685, Stats., or this chapter regarding caregivers specified in s. DCF 12.02 (4) (b) or (c) or congregate care workers, including requiring completion of a background information disclosure as required under s. 48.685 (6), and conducting the background check as required under s. 48.685 (2) and (3), Stats.

a. Knows, or should know, that a nonclient resident at the entity failed to complete and submit the background information disclosure to the applicable agency as required under s. 48.685 (6), Stats., or that a nonclient resident knowingly gave false information on or knowingly omitted information from the background information disclosure submitted to the applicable agency.

b. Knows, or should know, that a nonclient resident of a caregiver specified in s. DCF 12.02 (4) (c) failed to complete and submit the background information disclosure to the entity specified in s. DCF 12.02 (14) (L) as required under s. 48.685 (6), Stats., or that a nonclient resident knowingly gave false information on or knowingly omitted information from the background information disclosure submitted to the entity specified in s. DCF 12.02 (14) (L).

Fails to complete and submit the background information disclosure to the applicable agency as required under s. 48.685 (6), Stats.
Knowingly gives false information on or knowingly omits information from the background information disclosure submitted to the applicable agency.
Fails to comply with applicable reporting requirements under s. DCF 12.08 (1) or (2).
Fails to have a policy on reporting changes as required in s. DCF 12.08 (3).

(b) Any of the following sanctions may be imposed on an entity that commits any of the acts described in par. (a):

Denial, revocation, nonrenewal, suspension, or termination of regulatory approval.
Specific conditions or limitations placed on the regulatory approval.
A forfeiture of not more than $1,000.
A requirement that the entity develop a written plan that specifies corrections that will be made to personnel screening practices, obtain agency approval of the correction plan, and implement the correction plan.
Attendance at agency-designated training on personnel screening or other appropriate training at entity expense.

(2) Applicant. An applicant for regulatory approval who does any of the following is subject to denial of an application for regulatory approval:

(a) Fails to complete and submit a background information disclosure to the appropriate agency.

(b) Knowingly provides false information on or knowingly omits information from the background information disclosure submitted to the agency.

History

CR 16-014: cr. Register June 2016 No. 726, eff. 7-1-16; EmR1918: emerg. am. (1) (a) (intro.), (2) (intro.), eff. 1-30-19; CR 19-089: am. (1) (a) (intro.), (2) (intro.) Register March 2020 No. 771, eff. 4-1-20; CR 21-107: am. (1) (a) 1., 2. Register June 2022 No. 798, eff. 7-1-22.

Wis. Admin. Code § DCF 12.10 Rehabilitation reviews by agencies {#sec-dcf-12.10 omnilex-key=us-wi-regs-official--agency-dcf--DCF 12.10}

(1) An agency shall conduct a rehabilitation review for a person who requests a rehabilitation review if the person is eligible under s. 48.685 (5), Stats., and s. DCF 12.11 and is any of the following:

(a) A person who has, or is seeking, regulatory approval from the agency as a caregiver specified in s. DCF 12.02 (4) (a).

(b) A person who is, or is expected to be, a caregiver specified in s. DCF 12.02 (4) (b) or a congregate care worker for an entity that is regulated by the agency.

(2) Notwithstanding sub. (1), the department shall conduct rehabilitation reviews for a person who requests a rehabilitation review if the person is eligible under s. 48.685 (5), Stats., and s. DCF 12.11 and is any of the following:

(a) A person to whom delegation of the care and custody of a child under s. 48.979 has been, or is expected to be, facilitated by an entity.

(b) A person who is, or is expected to be, a nonclient resident of a person specified in par. (a).

History

CR 16-014: cr. Register June 2016 No. 726, eff. 7-1-16; CR 21-107: am. (1) (b) Register June 2022 No. 798, eff. 7-1-22.

Wis. Admin. Code § DCF 12.11 Eligibility to request rehabilitation review {#sec-dcf-12.11 omnilex-key=us-wi-regs-official--agency-dcf--DCF 12.11}

A person who is not eligible under s. 48.685 (4m), Stats., to receive regulatory approval, to be employed as a caregiver or a congregate care worker, to contract with an entity to be a caregiver or a congregate care worker, or to reside at an entity or with a caregiver specified in s. DCF 12.02 (4) (c) may request a rehabilitation review, unless any of the following apply:

(1) The person is not permitted to demonstrate rehabilitation for the applicable offense under s. 48.685 (5) (bm), Stats.

(2) The person is not permitted to demonstrate rehabilitation for the applicable offense under s. 48.685 (5) (bm), Stats., during a waiting period that has not ended.

Note: Tables listing barring offenses and the availability of rehabilitation review for each offense are in the applicable program regulatory sections of the department website at http://dcf.wisconsin.gov.

For group homes, residential care centers, child-placing agencies, and shelter facilities, see the child welfare licensing/background checks section of the department website.

For foster homes, adoption home studies, and subsidized guardianship, see the foster care/related statutes and administrative rules section of the department website.

For child care, see the child care regulation/child care licensing or child care certification sections of the department website.

(3) Within the preceding 12 months, an agency denied the person’s request for rehabilitation approval, and the new request is for the same type of regulatory approval, job function, or nonclient resident status with the same level of direct contact with clients or unsupervised access to clients.

History

CR 16-014: cr. Register June 2016 No. 726, eff. 7-1-16; EmR1918: emerg. renum. (1) to 12.11 (intro.) and, as renumbered, am. (1), (2), eff. 1-30-19; CR 19-089: renum. (1) to 12.11 (intro.) and, as renumbered, am. (1), (2) Register March 2020 No. 771, eff. 4-1-20; correction in (2) made under s. 35.17, Stats., Register March 2020 No. 771; CR 21-107: am. (intro.) Register June 2022 No. 798, eff. 7-1-22.

Wis. Admin. Code § DCF 12.12 Applying for rehabilitation review {#sec-dcf-12.12 omnilex-key=us-wi-regs-official--agency-dcf--DCF 12.12}

To apply for rehabilitation review, a person who is eligible to request rehabilitation review under s. DCF 12.11 shall do all of the following:

(1) Obtain a rehabilitation review application on a form prescribed by the department and submit the completed application to the applicable agency.

Note: Form DCF-F-419 Rehabilitation Review Application Instructions, is available in the forms section of the department website, http://dcf.wisconsin.gov.

(2) Submit any supporting documents and information required by the rehabilitation review application to the applicable agency.

History

CR 16-014: cr. Register June 2016 No. 726, eff. 7-1-16.

Wis. Admin. Code § DCF 12.13 Agency rehabilitation review process {#sec-dcf-12.13 omnilex-key=us-wi-regs-official--agency-dcf--DCF 12.13}

In this chapter:

(1) Time frame. If an application for a rehabilitation review is not complete or any supporting documents or information required in the application are not submitted within 90 days after the date the application was first received by the applicable agency, the request for a rehabilitation review shall be denied, unless the person requesting the rehabilitation review provides a good cause explanation.

(2) Rehabilitation review panel. If a person who is eligible for rehabilitation review under s. DCF 12.11 submits an application that is complete under s. DCF 12.12 no later than the deadline in sub. (1), the applicable agency shall appoint a review panel of at least 2 persons to review the information submitted. The panel may request additional information from the person requesting the review or from other agencies or persons familiar with the person.

(3) Requester appearance.

(a) A person for whom a rehabilitation review is conducted under sub. (2) shall be given an opportunity to appear before the review panel to present information and answer any questions the panel members may have.

(b) The person’s appearance before the review panel may be in person, by telephone, or other technology approved by the agency.

(4) Rehabilitation decision factors. After reviewing the information obtained, the review panel shall decide whether the person who is the subject of the rehabilitation review has demonstrated by clear and convincing evidence that the person is rehabilitated for purposes of receiving regulatory approval, employment as a caregiver or a congregate care worker, contracting with an entity to be a caregiver or a congregate care worker, or residing at an entity or with a caregiver specified in s. DCF 12.02 (4) (c). The panel shall consider at least the following factors, as applicable:

(a) Personal references and comments from employers, persons, and agencies familiar with the applicant and statements from therapists, counselors, and other professionals.

(b) Evidence of successful adjustment to, compliance with, or proof of successful completion of parole, extended supervision, probation, incarceration, or work release privileges.

(d) Any subsequent contacts with law enforcement agencies, including arrests, charges, convictions, pending criminal or civil arrest warrants, civil judgments, or other legal enforcement actions or injunctions against the person.

(e) Any aggravating or mitigating circumstances surrounding the barring crime, act, or offense.

(f) Evidence of rehabilitation, such as public or community service, volunteer work, recognition by other public or private authorities for accomplishments or efforts or attempts at restitution, and demonstrated ability to develop positive social interaction and increased independence or autonomy of daily living.

(g) The age of the person at the time of the offense and the amount of time between the crime, act, or offense and the request for rehabilitation review.

(h) Whether the person is on the sexual offender registry under s. 301.45, Stats., or on a similar registry in another jurisdiction.

(i) A victim’s impact statement, if appropriate.

(j) The person’s employment history, including evidence of acceptable performance or competency and dedication to the person’s profession.

(k) The nature and scope of the person’s contact with clients in the position requested.

(L) The degree to which the person would be directly supervised or working independently in the position requested.

(m) The opportunity presented for someone in the position to commit similar offenses.

(n) The number, type, and pattern of offenses committed by the person.

(o) Successful participation in or completion of recommended rehabilitation, treatment, or programs.

(p) Unmet treatment needs.

(q) The person’s veracity.

(5) Review panel decision.

(a) Scope. A review panel may grant rehabilitation approval only within the scope of the agency’s regulatory authority.

(b) Deferral. A review panel may defer a final decision for a period of not more than 6 months, unless the person who is the subject of the rehabilitation review agrees to a longer time period.

(c) Written decision. The review panel shall issue a written decision that includes the following information, as applicable:

‘Approval.’ An approval shall state all of the following:

a. The type of entity to which the decision applies.

b. The types of approval that were requested and are approved in the decision, such as regulatory approval, employment as a caregiver or a congregate care worker, contract to be a caregiver or a congregate care worker, or nonclient residency at an entity.

c. Any conditions or limitations placed on the approval.

Note: Examples of limited approval include approval for employment doing only certain job functions or approval to care for a specific child only.

‘Deferral.’ A deferral shall state the reason for the deferral and the date that the review panel will reconvene to review any new information affecting the request.
‘Denial.’ A denial shall include all of the following:

a. The type of entity to which the decision applies.

b. The types of approval that were requested and are denied in the decision, such as regulatory approval, employment as a caregiver or a congregate care worker, contract to be a caregiver or a congregate care worker, or nonclient residency at an entity.

c. The reason for the denial.

d. Notice that the person may appeal the denial and a summary of the appeal process under s. 48.685 (5c), Stats., and s. DCF 12.14.

(6) Review panel decision distribution.

(a) The review panel shall send its decision to the person who is the subject of the rehabilitation review and, if requested, a copy to entities specified by that person.

(b) Within 10 days after sending a rehabilitation review decision to the person who is the subject of the rehabilitation review, the review panel for an agency shall send all of the following to the department:

A copy of the review panel’s decision.
A copy of the person’s application under s. DCF 12.12 (1).
A completed rehabilitation review panel decision report on a form prescribed by the department.

Note: Form DCF-F-418-E, Rehabilitation Review Panel Decision Report, is available in the forms section of the department website at http://dcf.wisconsin.gov. The materials should be sent to the Office of Legal Counsel, Department of Children and Families, P. O. Box 8916, Madison, WI 53708-8916.

(7) Retention of rehabilitation decision documentation.

(a) The agency shall retain a copy of the written decision by the rehabilitation review panel and any decisions from filed appeals that may result.

(b) The agency shall retain a copy of the rehabilitation review request and all materials or information obtained or notes made as part of the rehabilitation review decision for at least 10 years after the decision is made and any appeals are finalized.

History

CR 16-014: cr. Register June 2016 No. 726, eff. 7-1-16; EmR1918: emerg. am. (1), (3) (a), (5) (a), eff. 1-30-19; CR 19-089: am. (1), (3) (a), (5) (a) Register March 2020 No. 771, eff. 4-1-20; CR 21-107: am. (4) (intro.), (5) (c) 1. b., 3. b. Register June 2022 No. 798, eff. 7-1-22.

Wis. Admin. Code § DCF 12.14 Appealing a rehabilitation review panel’s denial {#sec-dcf-12.14 omnilex-key=us-wi-regs-official--agency-dcf--DCF 12.14}

(1)

(a) A person who is denied rehabilitation approval may submit a written request for review of the decision under s. 48.685 (5c), Stats., within 10 days after the date of the written decision by the rehabilitation panel. No new evidence may be submitted.

(b) A person who appeals under this subsection shall bear the burden of proving, by a preponderance of the evidence, that the rehabilitation review panel for the agency erroneously exercised its discretion in deciding that the person did not show sufficient evidence to demonstrate that the person is rehabilitated.

Note: Pursuant to s. 48.685 (5c), Stats., submit an appeal to the following, as appropriate:

To appeal a denial by a rehabilitation review panel for the department or a child-placing agency, send the request to the Department of Children and Families, Office of Legal Counsel, P.O. Box 8916, Madison, WI 53708-8916.
To appeal a denial by a rehabilitation review panel for a county department, send the request to the director of the appropriate county department or the director’s designee.

(2) A person who receives an adverse decision from the secretary of the department or the secretary’s designee under sub. (1) may request a contested case hearing under ch. 227, Stats., and ch. HA 1 within 10 days after the date of the written decision by the department.

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 (608) 264-9885.

(3) A person who receives an adverse decision from a county department director or the director’s designee has the right to appeal the decision under ch. 68, Stats.

History

CR 16-014: cr. Register June 2016 No. 726, eff. 7-1-16; CR 21-107: am. (1) (b), (2), (3) Register June 2022 No. 798, eff. 7-1-22.

Wis. Admin. Code § DCF 12.15 Withdrawal of rehabilitation approval {#sec-dcf-12.15 omnilex-key=us-wi-regs-official--agency-dcf--DCF 12.15}

(1) Compliance with approval conditions. A person whose rehabilitation is approved shall comply with any conditions and limitations imposed with that approval.

(2) Criteria for withdrawal. An agency that granted a person a rehabilitation approval may withdraw the rehabilitation approval if the person has done any of the following:

(a) The person has failed to comply with or abide by any conditions or limitations imposed with the rehabilitation approval.

(b) The person knowingly submitted false information or withheld pertinent information that could have or would have affected the review panel’s decision to grant the rehabilitation approval.

(3) Informing the granting agency. An entity or agency that becomes aware that a person has violated the conditions or limitations of a rehabilitation approval that was granted by another agency shall inform the agency that granted the approval of the violation.

(4) Withdrawal notice. If an agency withdraws a rehabilitation approval, it shall issue a written notice that explains the reasons for the withdrawal and informs the person whose approval has been withdrawn that an appeal is available under s. DCF 12.14.

(5) Reporting to the department. If an agency withdraws rehabilitation approval and the withdrawal results in a bar to regulatory approval, employment as a caregiver or a congregate care worker, contracting with an entity to be a caregiver or a congregate care worker, or residing at an entity, the agency that withdraws the rehabilitation approval shall immediately report the withdrawal to the department.

Note: Send reports of withdrawn rehabilitation approval to Department of Children and Families, Office of Legal Counsel, P.O. Box 8916, Madison, WI 53708-8916.

History

CR 16-014: cr. Register June 2016 No. 726, eff. 7-1-16; CR 21-107: am. (4), (5) Register June 2022 No. 798, eff. 7-1-22.

Wis. Admin. Code § DCF 12.16 Permissive acceptance of a rehabilitation approval {#sec-dcf-12.16 omnilex-key=us-wi-regs-official--agency-dcf--DCF 12.16}

In this chapter:

(1) Scope.

(a) An agency may accept a rehabilitation approval granted to a person by another agency if the previous rehabilitation approval applies to the same type of entity and the same type of approval.

Note: For example, a county department in County B may accept a rehabilitation approval to be a nonclient resident in a foster home if a county department in County A granted the same type of approval.

(c) An agency that accepts a rehabilitation approval granted by another agency shall enforce any limitations or conditions that were included in the approval if the conditions or limitations imposed by the agency that granted the approval have not been terminated or have not expired.

(d) A rehabilitation approval granted by a tribe that conducts rehabilitation reviews pursuant to a plan approved under s. 48.685 (5d), Stats., may not be accepted.

Note: Rehabilitation approvals granted by a tribe under this chapter may be accepted.

(2) Process.

(a) If an agency learns that a person has had a previous rehabilitation review, the agency shall contact the department to request a copy of the rehabilitation decision and information on the status of any rehabilitation approval.

(b) If the previous rehabilitation review decision was an approval and the approval has not been withdrawn, the agency shall determine whether the approval is eligible to be accepted under sub. (1).

(c) If the previous rehabilitation approval is eligible to be accepted under sub. (1), the agency shall determine whether to accept or deny the previous approval.

(3) Ineligibility or denial. If an agency determines that a person’s previous rehabilitation approval may not be accepted under sub. (1) or the agency denies an eligible rehabilitation approval under sub. (2) (c), the agency shall inform the person of the right to submit an application for a new rehabilitation review under s. DCF 12.12 and shall process a submitted application under s. DCF 12.13.

History

CR 16-014: cr. Register June 2016 No. 726, eff. 7-1-16; EmR1918: emerg. r. (1) (b), eff. 1-30-19; CR 19-089: r. (1) (b) Register March 2020 No. 771, eff. 4-1-20; CR 21-107: am. (3) Register June 2022 No. 798, eff. 7-1-22.

Chapter DCF 13 BACKGROUND CHECKS FOR CHILD CARE PROGRAMS

Wis. Admin. Code § DCF 13.01 Purpose and scope {#sec-dcf-13.01 omnilex-key=us-wi-regs-official--agency-dcf--DCF 13.01}

This chapter is promulgated under the authority of ss. 48.67 (intro.), 48.686, and 227.11 (2) (a), Stats., to specify procedures necessary to implement background checks required under s. 48.686, Stats., for caregivers, noncaregiver employees, and household members at a child care program.

Note: For further information on the scope of the child care background check, see s. DCF 13.02 for definitions of terms used in this section.

History

EmR1918: emerg. cr., eff. 1-30-19; CR 19-089: cr. Register March 2020 No. 771, eff. 4-1-20; CR 20-003: am. Register July 2020 No. 775, eff. 8-1-20.

Wis. Admin. Code § DCF 13.02 Definitions {#sec-dcf-13.02 omnilex-key=us-wi-regs-official--agency-dcf--DCF 13.02}

In this chapter:

(1) “Agency” means the department, a certification agency, or a school board that establishes or contracts for a child care program under s. 120.13 (14), Stats.

(2) “Background check request form” means a form prescribed by the department on which a person completes required information for purposes of the child care background check.

Note: DCF-F-5296-E, Background Check Request Form, is available electronically through the Child Care Provider Portal and on the department’s website at https://dcf.wisconsin.gov/forms.

(3) “Bar” means any of the following:

(a) A barrier to a person’s eligibility for regulatory approval, employment, or contract as a caregiver.

(b) A barrier to a person’s nonclient residency at a child care program.

(4) “Caregiver” means any of the following:

(a) An employee or contractor of a child care program who is involved in the care or supervision of clients.

(b) A person who has direct contact with clients of a child care program and has unsupervised access to clients of a child care program, including student teachers, household members age 10 and older, and volunteers counted for the purpose of meeting the required staff-to-child ratios.

(5) “Certification agency” means the department in a county having a population of 750,000 or more or a county department, person, or tribe that has a contract with the department to certify child care providers under s. 48.651 (2), Stats., in a particular county or tribal area.

(6) “Child care background check” means the requirements in s. 48.686, Stats., and this chapter.

(7) “Child care program” means any of the following:

(a) A child care center that is licensed under s. 48.65, Stats.

(b) A child care provider that is certified under s. 48.651, Stats.

(d) A temporary employment agency that provides caregivers or noncaregiver employees to another child care program.

(8) “Client” means a person who receives direct care from a child care program, from an entity, as defined in s. DCF 12.02 (14), or from a caregiver specified in s. 48.685 (1) (ag) 1. am., Stats., including all of the following:

(a) An adopted child for whom adoption assistance payments are being made under s. 48.975, Stats.

(b) A child for whom subsidized guardianship payments are being made under s. 48.623, Stats.

(9) “Contractor” means, with respect to a child care program, a person who provides services to the child care program under an express or implied contract or subcontract, or that person’s agent.

(10) “County department” means a county department of social services established under s. 46.22, Stats., or a county department of human services established under s. 46.23, Stats.

(11) “Department” means the department of children and families.

(12) “Direct contact” means face-to-face physical proximity to a client that affords the opportunity to commit abuse or neglect of a client or to misappropriate the property of a client.

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

(14) “Final substantiated finding” means all of the following:

(b) A determination made before January 1, 2015, that a person has abused or neglected a child under s. 48.981 (3) (c) 4., Stats., if the determination has not been reversed or modified on appeal.

(15) “Household member” means a person who is age 10 or older, who resides, or is expected to reside, at a child care program, and who is not a client of the child care program or caregiver.

(15m) “Noncaregiver employee” means a person who provides services to a child care program as an employee or a contractor and is not a caregiver, but whose work at the child care program provides the ability to move freely throughout the premises and opportunities for interactions with clients of the child care program.

(16) “Regulatory approval” means any of the following:

(a) Issuance, continuation, or renewal of a license by the department under s. 48.66, Stats.

(b) Issuance or renewal of certification by a certification agency under s. 48.651, Stats.

(c) Approval of the person subject to the child care background check for a child care program to be established or contracted for by a school board under s. 120.13 (14), Stats.

(17) “Rehabilitation review” means an agency process in s. 48.686 (5), Stats., under which an eligible person who has a bar may seek approval for any of the following:

(a) Regulatory approval.

(b) Employment or contract with a child care program to be a caregiver or noncaregiver employee.

(18) “Reside” means to be present at a child care program for more than an aggregate of 14 calendar days within a 90-day period. “Reside” does not include incidental presence that does not afford unrestricted access to the premises or to children in care.

(19) “Role” means a person’s job as a caregiver or noncaregiver employee or a person’s status as a household member at a child care program.

(20) “School board” means the board that has the powers specified in s. 120.13, Stats., for the schools of a school district.

(21) “Serious crime” has the meaning given in s. 48.686 (1) (c), Stats.

Note: A table that lists the child care serious crimes is available at https://dcf.wisconsin.gov/files/publications/pdf/5206.pdf.

(22) “Tribe” means a federally recognized American Indian tribe or band in Wisconsin.

(23) “Volunteer” means a person who is not compensated, but agrees to give time, with or without reimbursement for expenses, to transport or to work with children in a child care program.

History

EmR1918: emerg. cr., eff. 1-30-19; CR 19-089: cr. Register March 2020 No. 771, eff. 4-1-20; correction in (7) (a), (8) (intro.) made under s. 35.17, Stats., Register March 2020 No. 771; CR 20-003: cr. (3) (c), r. and recr. (4) (a), am. (4) (b), (7) (d), (15), cr. (15m), am. (17) (b), (19) Register July 2020 No. 775, eff. 8-1-20; CR 21-107: am. (14) (b) Register June 2022 No. 798, eff. 7-1-22; correction in (4) (b) made under s. 35.17, Stats., Register March 2025 No. 831.

Wis. Admin. Code § DCF 13.03 Background check request {#sec-dcf-13.03 omnilex-key=us-wi-regs-official--agency-dcf--DCF 13.03}

(1) Required forms and fees. A background check request shall include a completed background check request form, armed forces records under s. DCF 13.04, release forms, child care background check fees, and any additional information that the department determines is necessary to obtain the records required under s. 48.686 (2) (am), Stats.

(2) Fingerprint searches.

(a) Prior to working as a caregiver or noncaregiver employee or residing in a child care program, the subject of the background check shall submit fingerprints in a manner directed by the department.

(b) Every 5 years or as otherwise requested by the department, caregivers, noncaregiver employees, and household members shall resubmit fingerprints in a manner directed by the department and the information specified under sub. (1).

Note: DCF-F-5296-E, Background Check Request Form, is available electronically through the Child Care Provider Portal and on the department’s website at https://dcf.wisconsin.gov/forms.

History

EmR1918: emerg. cr., eff. 1-30-19; CR 19-089: cr. Register March 2020 No. 771, eff. 4-1-20; CR 20-003: am. (2) Register July 2020 No. 775, eff. 8-1-20.

Wis. Admin. Code § DCF 13.04 Obtaining armed forces information {#sec-dcf-13.04 omnilex-key=us-wi-regs-official--agency-dcf--DCF 13.04}

(1) If a person who is the subject of a background check served in a branch of the U.S. armed forces within the previous 3 years, including any reserve component, the department shall make every reasonable effort to obtain the discharge status of that person, either from the discharge papers issued to the person or from the armed forces branch in which the person served. The department shall document the efforts made to obtain the discharge status of the person.

(2) If the discharge status of the person described in sub. (1) is other than honorable, the department shall make every reasonable effort to obtain information on the nature and circumstances of the discharge.

Note: The information from the armed forces may include military court findings or information relevant to making a background check determination.

History

EmR1918: emerg. cr., eff. 1-30-19; CR 19-089: cr. Register March 2020 No. 771, eff. 4-1-20.

(1) Caregivers, noncaregiver employees, and household members. To determine whether a caregiver’s, noncaregiver employee’s, or household member’s conviction or delinquency adjudication for an offense that is not a serious crime is substantially related to the care of a child or the activities of a child care program, the department shall consider all of the following:

(a) In relation to the person’s role at the child care program, all of the following:

The nature and scope of the person’s contact with clients.
The scope of the discretionary authority and independent judgment the person has to make decisions or take actions that affect the care of clients.
The opportunity the role at the child care program presents for committing similar crimes.
The extent to which acceptable performance of the role at the child care program requires the trust and confidence of clients and the parents or guardians of clients.
The amount and type of supervision received.

(b) In relation to the criminal conviction or delinquency adjudication, all of the following:

Whether intent is an element of the crime.
Whether the elements or circumstances of the crime are related to the person’s role at the child care program.
Any pattern of criminal convictions or delinquency adjudications.
The extent to which the crime relates to clients or other vulnerable persons.
Whether the crime involves violence or a threat of harm.
Whether the crime is of a sexual nature.

The number and type of crimes for which the person has been convicted or adjudicated delinquent.
The length of time between the conviction or delinquency adjudication and the decision affecting regulatory approval, employment, contract, or nonclient residency.
The person’s participation in or completion of pertinent programs of a rehabilitative nature.
The person’s probation, extended supervision, or parole status.
If the person is a caregiver or noncaregiver employee, the person’s ability to perform or to continue to perform the role consistent with the safe and efficient operation of the program and the confidence of clients and the parents or guardians of clients.
The age of the person on the date the crime was committed.

(2) Documentation. The department shall document how it reached the determination under sub. (1) that the criminal conviction or delinquency adjudication of a caregiver, noncaregiver employee, or household member is or is not substantially related to the care of a child or the activities of the child care program.

History

EmR1918: emerg. cr., eff. 1-30-19; CR 19-089: cr. Register March 2020 No. 771, eff. 4-1-20; CR 20-003: am. (1) (intro.), (c) 5., (2) Register July 2020 No. 775, eff. 8-1-20.

Wis. Admin. Code § DCF 13.06 Background check eligibility {#sec-dcf-13.06 omnilex-key=us-wi-regs-official--agency-dcf--DCF 13.06}

(1) Preliminary eligibility.

(a) The department shall issue a preliminary eligibility determination that indicates whether a person is barred from employment as a caregiver, noncaregiver employee, or household member at the child care program based on any serious crimes reported on the federal bureau of investigation and Wisconsin department of justice fingerprint results.

(b) A child care program that receives a department determination that a person is preliminarily eligible may employ, contract with, or allow the person to reside at the child care program pending the department’s final eligibility determination under sub. (3).

(2) Supervision of persons with preliminary eligibility.

(a) Persons who begin work or residency with preliminary eligibility under sub. (1) shall be supervised at all times children are present. The supervision shall include periodic and direct observation of the person.

(b) A person who has received a final determination of eligibility under sub. (3) within the past 5 years shall supervise a person with preliminary eligibility under sub. (1).

(3) Final eligibility.

(a) After receiving all of the records required under s. 48.686 (2) (am), Stats., the department shall provide a final written report to the child care program indicating whether the person who is the subject of the report is eligible or ineligible to work or reside at a child care program, without revealing information about any disqualifying offenses or other information regarding the person.

(b) The department shall provide a final written report to the person on whom the child care background check was conducted, indicating whether the person is eligible or ineligible to work or reside at a child care program. If the person is ineligible, the report also shall include information on each disqualifying offense, the right to appeal under s. DCF 13.09, and the right to a rehabilitation review under s. DCF 13.10, if applicable.

(4) Transfer of eligibility. A child care program may employ a person or allow the person to reside in the child care program without requesting a new child care background check on the person if all of the following conditions are met:

(a) Within the past 5 years, the person received a final determination of eligibility under sub. (3) to work or reside in a child care program and the determination of eligibility has not been withdrawn or revoked.

(b) Either of the following apply:

The person is currently working or residing in a child care program.
The person has been separated from employment or residence at a child care program for less than 180 days.

History

EmR1918: emerg. cr., eff. 1-30-19; CR 19-089: cr. Register March 2020 No. 771, eff. 4-1-20; CR 20-003: am. (1) (a) Register July 2020 No. 775, eff. 8-1-20.

Wis. Admin. Code § DCF 13.07 Reporting requirements {#sec-dcf-13.07 omnilex-key=us-wi-regs-official--agency-dcf--DCF 13.07}

(1) Child care program offense reporting requirements. A child care program shall report to the agency that granted regulatory approval as soon as the child care program knows, or should have known, that any of the following apply to a caregiver, noncaregiver employee, or household member at the child care program:

(a) The person is the subject of a delinquency petition alleging that the person committed a serious crime on or after his or her 10th birthday.

(b) The person has been adjudicated delinquent on or after his or her 10th birthday for committing any crime.

(d) The person has been convicted of any crime.

(e) A final substantiated finding has been made that the person abused or neglected a child.

(f) A finding that is comparable to a final substantiated finding has been made in any other jurisdiction.

(g) A unit of government or a state agency as defined in s. 16.61 (2) (d), Stats., made a finding that the person has abused or neglected a client or misappropriated the property of a client.

(h) If a position requires a person to hold a credential, as defined in s. 440.01 (2) (a), Stats., the person has been denied a credential or had a credential restricted or otherwise limited.

(2) Other child care program reporting.

(a) A child care program shall report to the agency that granted regulatory approval as soon as possible, but no later than the agency’s next business day, if any of the following occurs:

A person who is age 10 or over and is not a client begins residing at, or is expected to reside at, a child care program.

Note: See the definitions in s. DCF 13.02 (15) and (18).

A household member turns 10 years of age.
A household member turns 18 years of age.
A corporation or limited liability company designates a new person to be subject to the background check.
A caregiver, noncaregiver employee, or household member at the child care program changes his or her name.
A person’s role at the child care program has changed or will be changing and a new eligibility determination may be required for the child care background check.
A new caregiver or noncaregiver employee begins work, or a prospective caregiver or noncaregiver employee intends to begin work, at the child care program.
A caregiver or noncaregiver employee is no longer working in the child care program or intends to no longer work in the child care program, including the last date of employment.
A prospective caregiver or noncaregiver employee was not hired.
A former household member is no longer residing at the child care program or a household member intends to no longer reside at the child care program, including the last date of residence.

(b) When a change specified under par. (a) 1. to 7. occurs regarding a child care program, the program shall submit a completed background check request form no later than the agency’s next business day for the new person subject to the child care background check and ensure persons comply with the fingerprint requirements within the timeframe specified by the department.

(3) Child care program policy. A child care program shall include in its personnel or operating policies a provision that requires a person who is a caregiver specified in s. DCF 13.02 (4) (a) and (b) or a noncaregiver employee to notify the child care program as soon as possible, but no later than the child care program’s next working day, if any of the circumstances under sub. (1) (a) to (h) apply to the person.

History

EmR1918: emerg. cr., eff. 1-30-19; CR 19-089: cr. Register March 2020 No. 771, eff. 4-1-20; CR 20-003: cr. (1) (intro.), (2) (a) 2., 3., 5., 7. to 10., (3) Register July 2020 No. 775, eff. 8-1-20.

Wis. Admin. Code § DCF 13.08 Sanctions {#sec-dcf-13.08 omnilex-key=us-wi-regs-official--agency-dcf--DCF 13.08}

(1) Child care program.

(a) A child care program that does any of the following may be subject to one or more of the sanctions specified in par. (b) by the department or the agency that granted the regulatory approval:

Allows a person who has not received preliminary determination of eligibility to begin work or reside at the child care program in violation of s. DCF 13.06 (1).
Allows a person who has not received a final determination of eligibility to work or reside at a child care program without direct supervision in violation of s. DCF 13.06 (2).
Hires, employs, or contracts with a person that the department determined was ineligible to be a caregiver or noncaregiver employee in the child care program.

3m. Permits a person that the department determined was ineligible to be a household member in the child care program.

Fails to submit a background check request as required under s. 48.686 (2) (ab), Stats., and s. DCF 13.03.
Knows, or should know, that a caregiver, noncaregiver employee, or household member at the child care program committed an act barred under s. 48.686 (4m) (a) 6., 7., or 8., Stats., including knowingly giving false information on or knowingly omitting material information relating to the child care background check.
Fails to comply with applicable reporting requirements under s. DCF 13.07 (1) or (2).
Fails to have a policy on reporting changes as required in s. DCF 13.07 (3).
Violates any provision in s. 48.686, Stats., or this chapter regarding caregivers, noncaregiver employees, or household members.

(b) Any of the following sanctions may be imposed on a child care program that commits any of the acts described in par. (a):

Suspension, nonrenewal, denial, or revocation of regulatory approval.
Specific conditions or limitations placed on the regulatory approval.
A forfeiture of not more than $1,000.
A requirement that the child care program develop a written plan that specifies corrections that will be made to personnel screening practices, obtain agency approval of the correction plan, and implement the correction plan.

(2) Applicant. An applicant for regulatory approval who does any of the following is subject to denial of an application for regulatory approval:

(a) Fails to complete and submit the background check request required under s. DCF 13.03.

(b) Knowingly provides false information on or knowingly omits information from the background check request form.

History

EmR1918: emerg. cr., eff. 1-30-19; CR 19-089: cr. Register March 2020 No. 771, eff. 4-1-20; CR 20-003: am. (1) (a) 3., cr. (1) (a) 3m., am. (1) (a) 5., 8. Register July 2020 No. 775, eff. 8-1-20.

Wis. Admin. Code § DCF 13.09 Appeal of background check determinations {#sec-dcf-13.09 omnilex-key=us-wi-regs-official--agency-dcf--DCF 13.09}

(1) Appeal rights.

(a) The department shall include a statement of appeal rights with a notification of ineligibility under s. DCF 13.06 (3) to the subject of background check.

(b) The subject of a department determination under s. DCF 13.06 (3) may appeal the determination under s. 48.686 (4s), Stats. Only the subject of the background check may file the appeal.

(2) Submission of an appeal.

(a) To submit an appeal of an ineligibility determination under s. DCF 13.06 (3), the subject of a background check shall submit a completed petition for appeal form prescribed by the department to the department’s postal address, email address, or fax number that is identified in the statement of appeal rights.

(b) An appeal under sub. (1) may be submitted no later than 10 days after the date of the department’s ineligibility determination, unless the subject requests, and the department grants for good cause shown, an extension for a specific period of time prior to the expiration of the 10-day appeal period.

(c) If an appeal is not received under sub. (1) within 10 days after the department’s ineligibility determination and an extension has not been approved before the expiration of the 10-day appeal period, the department’s ineligibility determination made under s. DCF 13.06 (3) is final.

Note: Form DCF-F-5331-E, Petition for Appeal of Ineligibility Determination, is available in the forms section of the department website, http://dcf.wisconsin.gov. Send the appeal request to the Department of Children and Families, Child Care Background Unit, P.O. Box 8916, Madison, WI 53708-8916; email DCFPlicBECRCBU@wisconsin.gov; or fax (608) 422-7155.

(3) Department review of appeals.

(a) The department shall notify the subject of the background check that his or her appeal request under sub. (2) has been received within 7 business days after receipt.

(b) The department shall review each timely appeal request under sub. (2) and issue a written appeal decision within 30 days after receiving the appeal request. The decision notice shall include information on the right to another appeal by requesting a reconsideration under sub. (4).

Note: Send the reconsideration request to the Department of Children and Families, Assistant Secretary, P.O. Box 8916, Madison, WI 53708-8916; email DCFMBChildcareEligibilityAppeals@wisconsin.gov; or fax (608) 422-7161.

(4) Reconsideration of an appeal.

(a) The subject of the background check may request a reconsideration of the department’s appeal decision under sub. (3). A request for reconsideration shall be sent to the postal address, email address, or fax number identified in the appeal decision within 30 days after the date on the decision.

(b) The department secretary or the secretary’s designee shall review a reconsideration request under par. (a) and issue a written decision. The reconsideration decision shall include information on the right to another appeal by requesting a contested case hearing under sub. (5).

(5) Contested case hearing. The subject of the background check who receives an adverse decision from the department secretary or the secretary’s designee under sub. (4) may request a contested case hearing under ch. 227, Stats., and ch. HA 1 within 10 days after the date of the department’s reconsideration decision.

Note: Send a request for a contested case hearing to the Division of Hearings and Appeals, 4822 Madison Yards Way, PO Box 7875, Madison, Wisconsin, 53707-7875. The fax number of the division is (608) 264-9885.

History

EmR1918: emerg. cr., eff. 1-30-19; CR 19-089: cr. Register March 2020 No. 771, eff. 4-1-20; CR 20-003: am. (2) (b), (c) Register July 2020 No. 775, eff. 8-1-20.

Wis. Admin. Code § DCF 13.10 Rehabilitation reviews by agency {#sec-dcf-13.10 omnilex-key=us-wi-regs-official--agency-dcf--DCF 13.10}

An agency may conduct a rehabilitation review for a person who requests a rehabilitation review if the person is eligible under s. 48.686 (5) (a), Stats., and s. DCF 13.11 and is any of the following:

(1) A person who has, or is seeking, regulatory approval from the agency as a caregiver specified in s. DCF 13.02 (4) (c).

(2) A person who is, or is expected to be, a caregiver specified in s. DCF 13.02 (4) (a) or (b) for a child care program that is regulated by the agency.

(3) A person who is, or is expected to be, a household member at a child care program that is regulated by the agency.

(4) A person who is, or is expected to be, a noncaregiver employee for a child care program that is regulated by the agency.

History

EmR1918: emerg. cr., eff. 1-30-19; CR 19-089: cr. Register March 2020 No. 771, eff. 4-1-20; CR 20-003: am. (3), cr. (4) Register July 2020 No. 775, eff. 8-1-20.

Wis. Admin. Code § DCF 13.11 Eligibility for rehabilitation review {#sec-dcf-13.11 omnilex-key=us-wi-regs-official--agency-dcf--DCF 13.11}

(1) Except as provided under sub. (2), a person may have the opportunity to demonstrate his or her rehabilitation if any of the following apply:

(a) Section 48.686 (4m) (a) 2., 3., or 4. applies to the person.

(b) The person has been convicted or adjudicated delinquent of a serious crime as specified under s. 48.686 (1) (c) 9., Stats., or for a violation of the law of any other state or United States jurisdiction that would be a violation listed in s. 48.686 (1) (c) 9., Stats., if committed in this state, and the person completed his or her sentence, including any probation, parole, or extended supervision, or was discharged by the department of corrections, more than 5 years before the date of the investigation under s. 48.686 (2) (am), Stats.

Note: A table listing child care serious crimes and availability of rehabilitation review for each offense can be accessed at https://dcf.wisconsin.gov/files/publications/pdf/5206.pdf.

(2) A person may not have the opportunity to demonstrate his or her rehabilitation if within the preceding 12 months an agency denied the person’s request for rehabilitation approval, and the new request is for the same type of regulatory approval, job function, or status as a household member with the same level of direct contact with clients or unsupervised access to clients.

History

EmR1918: emerg. cr., eff. 1-30-19; CR 19-089: cr. Register March 2020 No. 771, eff. 4-1-20; CR 20-003: am. (1) (intro.), (2) Register July 2020 No. 775, eff. 8-1-20.

Wis. Admin. Code § DCF 13.12 Applying for rehabilitation review {#sec-dcf-13.12 omnilex-key=us-wi-regs-official--agency-dcf--DCF 13.12}

To apply for rehabilitation review, a person who is eligible to request rehabilitation review under s. DCF 13.11 shall do all of the following:

(1) Obtain a rehabilitation review application on a form prescribed by the department and submit the completed application to the agency.

Note: Form DCF-F-419, Rehabilitation Review Application Instructions, is available in the forms section of the department website, http://dcf.wisconsin.gov.

(2) Submit any supporting documents and information required by the rehabilitation review application to the agency.

History

EmR1918: emerg. cr., eff. 1-30-19; CR 19-089: cr. Register March 2020 No. 771, eff. 4-1-20.

Wis. Admin. Code § DCF 13.13 Agency rehabilitation review process {#sec-dcf-13.13 omnilex-key=us-wi-regs-official--agency-dcf--DCF 13.13}

(1) Time frame. If an application for a rehabilitation review is not complete or any supporting documents or information required in the application are not submitted within 90 days after the date the application was first received by the agency, the request for a rehabilitation review shall be denied, unless the person requesting the rehabilitation review provides a good cause explanation.

(2) Rehabilitation review panel. If a person who is eligible for rehabilitation review under s. DCF 13.11 submits an application that is complete under s. DCF 13.12 no later than the deadline in sub. (1), the applicable agency shall appoint a review panel of at least 2 persons to review the information submitted. The panel may request additional information from the person requesting the review or from other agencies or persons familiar with the person.

(3) Requestor appearance. A person for whom a rehabilitation review is conducted under sub. (2) shall be given an opportunity to appear before the review panel to present information and answer any questions the panel members may have. The person’s appearance before the review panel may be in person, by telephone, or other technology approved by the agency.

(4) Rehabilitation review panel. After reviewing the information obtained, a review panel appointed under sub. (2) shall decide whether the person who is the subject of the rehabilitation review has demonstrated by clear and convincing evidence that he or she is rehabilitated for purposes of receiving regulatory approval, employment as a caregiver or noncaregiver employee, contracting with a child care program to be a caregiver or noncaregiver employee, or residing at a child care program. The panel shall consider at least the following factors, as applicable:

(a) Personal references and comments from employers, persons, and agencies familiar with the applicant and statements from therapists, counselors, and other professionals.

(b) Evidence of successful adjustment to, compliance with, or proof of successful completion of parole, extended supervision, probation, incarceration, or work release privileges.

(e) Any aggravating or mitigating circumstances surrounding the barring crime, act, or offense.

(g) The age of the person at the time of the offense and the amount of time between the crime, act, or offense and the request for rehabilitation review.

(h) Whether the person is on the sexual offender registry under s. 301.45, Stats., or on a similar registry in another jurisdiction.

(i) A victim’s impact statement, if appropriate.

(j) The person’s employment history, including evidence of acceptable performance or competency and dedication to the person’s profession.

(k) The nature and scope of the person’s contact with clients in the position requested.

(L) The degree to which the person would be directly supervised or working independently in the position requested.

(m) The opportunity presented for someone in the position to commit similar offenses.

(n) The number, type, and pattern of offenses committed by the person.

(o) Successful participation in or completion of recommended rehabilitation, treatment, or programs.

(p) Unmet treatment needs.

(q) The person’s veracity.

(5) Review panel decision.

(a) Scope. An agency review panel may grant rehabilitation approval only within the scope of the agency’s regulatory authority.

(b) Deferral. A review panel may defer a final decision under sub. (4) for a period of not more than 6 months, unless the person who is the subject of the rehabilitation review agrees to a longer time period.

(c) Written decision. A review panel shall issue a written decision under sub. (4) that includes the following, as applicable:

‘Approval.’ An approval shall state all of the following:

a. The type of child care program to which the decision applies.

b. The types of approval that were requested and are approved in the decision, such as regulatory approval, employment as a caregiver or noncaregiver employee, contract to be a caregiver or noncaregiver employee, or status as a household member at a child care program.

c. Any conditions or limitations placed on the approval.

Note: Examples of limited approval include approval for employment in specific child care roles.

‘Deferral.’ A deferral shall state the reason for the deferral and the date that the review panel will reconvene to review any new information affecting the request.
‘Denial.’ A denial shall include all of the following:

a. The type of child care program to which the decision applies.

b. The types of approval that were requested and are denied in the decision, such as regulatory approval, employment as a caregiver or noncaregiver employee, contract to be a caregiver or noncaregiver employee, or status as a household member at a child care program.

c. The reason for the denial.

d. Notice that the person may appeal the denial and a summary of the appeal process under s. 48.686 (5c), Stats., and s. DCF 13.14.

(6) Review panel decision distribution.

(a) A review panel shall send a decision made under sub. (5) to the person who is the subject of the rehabilitation review and, if requested, a copy to entities specified by that person.

(b) Within 10 days after sending a rehabilitation review decision to the subject of the rehabilitation review under par. (a), the review panel for an agency shall send all of the following to the department:

A copy of the review panel’s decision.
A copy of the person’s application under s. DCF 13.12.
A completed rehabilitation review decision report on a form prescribed by the department.

Note: Form DCF-F-418-E, Rehabilitation Review Panel Decision Report, is available in the forms section of the department website at http://dcf.wisconsin.gov. The materials should be sent to Attn: Rehabilitation Review Coordinator, Office of Legal Counsel, Department of Children and Families, P. O. Box 8916, Madison, WI 53708-8916.

(7) Retention of rehabilitation decision documentation.

(a) The agency shall retain a copy of a written decision by a rehabilitation review panel and any decisions from filed appeals that may result.

(b) The agency shall retain a copy of a rehabilitation review request and all materials or information obtained or notes made as part of a rehabilitation review decision for at least 10 years after the decision is made and any appeals are finalized.

History

EmR1918: emerg. cr., eff. 1-30-19; CR 19-089: cr. Register March 2020 No. 771, eff. 4-1-20; CR 20-003: am. (4) (intro.), (5) (c) 1. b., 3. b. Register July 2020 No. 775, eff. 8-1-20.

Wis. Admin. Code § DCF 13.14 Appealing a rehabilitation review panel’s denial {#sec-dcf-13.14 omnilex-key=us-wi-regs-official--agency-dcf--DCF 13.14}

(1)

(a) A person who is denied rehabilitation approval under s. DCF 13.13 may submit a written request for review of the decision by the secretary or the secretary’s designee under s. 48.686 (5c), Stats. A request for review shall be submitted within 10 days after the date of the written decision by the rehabilitation panel. No new evidence may be submitted.

Note: Pursuant to s. 48.686 (5c), Stats., submit an appeal to the following, as appropriate:

1. To appeal a denial by a rehabilitation review panel for the department or a certification agency, send the request to the Department of Children and Families, Office of Legal Counsel, P.O. Box 8916, Madison, WI 53708-8916.

2. To appeal a denial by a rehabilitation review panel for the school board, send the request to the State Superintendent of Public Instruction, 125 South Webster Street, Madison, WI 53703; or call (608) 266-3390.

3. To appeal a denial by a rehabilitation review panel for a tribe, send the request to the director of the appropriate tribe or the director’s designee.

History

EmR1918: emerg. cr., eff. 1-30-19; CR 19-089: cr. Register March 2020 No. 771, eff. 4-1-20.

Wis. Admin. Code § DCF 13.15 Compliance with rehabilitation approval; withdrawal {#sec-dcf-13.15 omnilex-key=us-wi-regs-official--agency-dcf--DCF 13.15}

(1) Compliance with approval conditions. A person whose rehabilitation is approved under s. DCF 13.13 shall comply with any conditions and limitations imposed with that approval.

(2) Withdrawal of rehabilitation approval.

(a) An agency that granted a person a rehabilitation approval under s. DCF 13.13 may withdraw the rehabilitation approval if the person has done any of the following:

The person has failed to comply with or abide by any conditions or limitations imposed with the rehabilitation approval.
The person knowingly submitted false information or withheld pertinent information that could have or would have affected the review panel’s decision to grant the rehabilitation approval.

(b) If an agency withdraws a rehabilitation approval under par. (a), it shall issue a written notice that explains the reasons for the withdrawal and informs the person whose approval has been withdrawn that he or she may appeal as provided in s. DCF 13.14.

(c) If an agency withdraws rehabilitation approval and the withdrawal results in a bar to regulatory approval, employment as a caregiver or noncaregiver employee, contracting with a child care program to be a caregiver or noncaregiver employee, or status as a household member at a child care program, the agency that withdraws the rehabilitation approval shall immediately report the withdrawal to the department.

(3) Informing the granting agency. A child care program or agency that becomes aware that a person has violated the conditions or limitations of a rehabilitation approval that was granted by another agency shall inform the agency that granted the approval of the violation.

Note: Send reports of withdrawn rehabilitation approval to Attn: Rehabilitation Review Coordinator, Department of Children and Families, Office of Legal Counsel, P.O. Box 8916, Madison, WI 53708-8916.

History

EmR1918: emerg. cr., eff. 1-30-19; CR 19-089: cr. Register March 2020 No. 771, eff. 4-1-20; CR 20-003: am. (2) (c) Register July 2020 No. 775, eff. 8-1-20.

Wis. Admin. Code § DCF 13.16 Permissive acceptance of a rehabilitation approval {#sec-dcf-13.16 omnilex-key=us-wi-regs-official--agency-dcf--DCF 13.16}

(1) Scope.

(a)

An agency may accept a rehabilitation approval granted to a person by another agency if the previous rehabilitation approval applies to the same type of child care program and the same type of approval.

Note: For example, a certification agency in County B may accept a rehabilitation approval to be a household member in a certified child care home if a certification agency in County A granted the same type of approval.

A certification agency may accept a rehabilitation approval granted to a person by the department if the previous rehabilitation approval applies to the same type of approval for a child care center that is licensed to care for 4 to 8 children under s. 48.66, Stats.
A rehabilitation approval granted by a tribe that conducts rehabilitation reviews pursuant to a plan approved by the department under s. 48.686 (5d), Stats., may not be accepted by another agency.

Note: A rehabilitation approval granted by a tribe under this chapter may be accepted by another agency.

(b) An agency that accepts a rehabilitation approval granted by another agency shall enforce any limitations or conditions that were included in the approval if the conditions or limitations imposed by the agency that granted the approval have not been terminated or have not expired.

(2) Process.

(b) If the previous rehabilitation review decision was an approval and the approval has not been withdrawn, the agency shall determine whether the approval is eligible to be accepted under sub. (1).

(c) If the previous rehabilitation approval is eligible to be accepted under sub. (1), the agency shall determine whether to accept or deny the previous approval.

(3) Ineligibility or denial. If an agency determines that a person’s previous rehabilitation approval may not be accepted under sub. (1) or the agency denies an eligible rehabilitation approval under sub. (2) (c), the agency shall inform the person of his or her right to submit an application for a new rehabilitation review under s. DCF 13.12 and shall process a submitted application under s. DCF 13.13.

History

EmR1918: emerg. cr., eff. 1-30-19; CR 19-089: cr. Register March 2020 No. 771, eff. 4-1-20; correction in (1) (a) 3. made under s. 35.17, Stats., Register March 2020 No. 771.

Wis. Admin. Code § DCF 13.17 Fees {#sec-dcf-13.17 omnilex-key=us-wi-regs-official--agency-dcf--DCF 13.17}

The department may charge a fee for the cost of background checks required under s. 48.686, Stats. A child care program shall submit all fees required by the department as directed by the department.

History

EmR1918: emerg. cr., eff. 1-30-19; CR 19-089: cr. Register March 2020 No. 771, eff. 4-1-20.

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

Wis. Admin. Code § DCF 21.01 Purpose {#sec-dcf-21.01 omnilex-key=us-wi-regs-official--agency-dcf--DCF 21.01}

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

History

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

Wis. Admin. Code § DCF 21.02 Definitions {#sec-dcf-21.02 omnilex-key=us-wi-regs-official--agency-dcf--DCF 21.02}

In this chapter:

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

(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.; or, in a county having a population of 750,000 or more, the department.

(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:

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

(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.

(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.

(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.

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

(5) “Foster home” has the meaning given in s. 48.02 (6), Stats.

(6) “Group home” has the meaning given in s. 48.02 (7), Stats.

(7) “Hearing” means a de novo proceeding before an impartial administrative law judge in which the youth or the youth’s representative presents the reasons why the agency action or inaction in the youth’s case should be corrected.

(8) “Independent living-transition-to-discharge plan” means a plan for each youth exiting care on or after the age of 18 that contains provisions to ensure that basic resources are in place for the youth’s transition to adulthood, including all of the following:

(a) The youth’s anticipated date of and age at discharge from out-of-home care.

(b) Information on how the youth will obtain and secure housing.

(d) Information on whether the youth intends to continue with formal education and how the youth will attain his or her educational goals.

(e) Techniques for building relationships with supportive adults.

(f) Employment services that are available to the youth.

(g) Workforce support that is available to the youth.

(h) The continuation of necessary supportive independent living services after the youth leaves out-of-home care.

(i) Information on how the youth can obtain essential documents.

(8m) “Like-kin” has the meaning given in s. 48.02 (12c), Stats.

(9) “Out−of−home care” means when a youth is under the placement and care responsibility of an agency in a foster home, group home, residential care center for children and youth, or shelter care facility, in the home of a relative other than a parent, in the home of like-kin, in the home of a person not a relative or like-kin, or in a court-ordered supervised independent living arrangement.

(9m) “Relative” has the meaning given in s. 48.02 (15), Stats.

(10) “Residential care center for children and youth” has the meaning given in s. 48.02 (15d), Stats.

(10m) “Shelter care facility” has the meaning given in s. 48.02 (17), Stats.

(11) “Voluntary placement agreement” means a written agreement between 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 a child welfare agency licensed under s. 48.60, Stats., and the child or youth’s parent or guardian and the child, if the child or youth is 12 years of age or older, for the placement of the child or youth in a foster home or group home under s. 48.63 (1), Stats.

(12) “Voluntary transition-to-independent-living agreement” means a voluntary agreement under s. 48.366 (3) or 938.366 (3), Stats.

History

EmR1414: emerg. cr., eff. 8-1-14; CR 14-054: cr. Register April 2015 No. 712, eff. 5-1-15; EmR2420: emerg. am. (2), r. and recr. (5), (6), cr. (8m), r. and recr. (9), cr. (9m), r. and recr. (10), cr. (10m), eff. 1-1-25; CR 25-009: am. (2), r. and recr. (5), (6), cr. (8m), r. and recr. (9), cr. (9m), r. and recr. (10), cr. (10m) Register August 2025 No. 836, eff. 9-1-25.

Wis. Admin. Code § DCF 21.03 Eligibility {#sec-dcf-21.03 omnilex-key=us-wi-regs-official--agency-dcf--DCF 21.03}

(1) A youth who was discharged from out-of-home care by aging out on or after August 1, 2014, and who did not immediately enter a voluntary transition-to-independent-living agreement or by termination of a voluntary transition-to-independent-living agreement may be eligible to re-enter out-of-home care if all of the following conditions are met:

(a) The youth is 18 years of age or over but under 21 years of age.

(b) The youth is a full-time student at a secondary school or its technical or vocational equivalent.

(2) The agency shall allow a youth who meets the eligibility criteria to re-enter out-of-home care at least 2 times.

(3) The agency may use its discretion in determining whether to allow a youth who meets the eligibility criteria to re-enter out-of-home care more than 2 times.

Note: Issues the agency may want to consider include whether the youth is homeless or at imminent risk of becoming homeless, is pregnant or parenting, or has significant mental health issues. The agency may also want to consider whether the youth’s last discharge from out-of-home care was pursuant to an independent living-transition-to-discharge plan that was agreed to by the youth and the agency.

History

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

Wis. Admin. Code § DCF 21.04 Youth’s request to re-enter out-of-home-care and agency determination {#sec-dcf-21.04 omnilex-key=us-wi-regs-official--agency-dcf--DCF 21.04}

(1) A youth who was discharged from out-of-home care by aging out on or after August 1, 2014, and who did not immediately enter a voluntary transition-to-independent-living agreement or by termination of a voluntary transition-to-independent-living agreement may submit a written request for a determination of eligibility to re-enter out-of-home care that contains all of the following information:

(a) The youth’s full name.

(b) The youth’s date of birth.

(c) The youth’s contact information and contact information for another person who will know where the youth is and be able to contact him or her.

(d) The agency that had placement and care responsibility for the youth when he or she last left out-of-home care.

(e) The secondary school or its technical or vocational equivalent where the youth is enrolled or an attestation by the youth that he or she does not have a high school diploma and wants to re-enroll in secondary school or its technical or vocational equivalent.

(f) The youth attests that he or she has an individualized educational program under s. 115.787, Stats., in effect.

(g) If known, contact information for a person at the youth’s secondary school or its technical or vocational equivalent who is on the youth’s individualized education program team under s. 115.787, Stats.

(2) If a youth requests that an agency assist the youth with writing the request for determination of eligibility, the agency shall assist the youth.

(3) A youth may submit a written request for a determination of eligibility to re-enter out-of-home care to any of the following agencies:

(a) The county department of social services under s. 46.22, Stats., or the county department of human services under s. 46.23, Stats., in the county where the youth resides.

(b) The agency that had placement and care responsibility for the youth when the youth’s most recent out-of-home care placement terminated or the youth aged out.

(4) The agency that receives the youth’s request for determination of eligibility shall provide the youth with a written explanation of the youth’s appeal rights under s. DCF 21.08 if the application is denied or, if determined eligible, if eligibility is later terminated under s. DCF 21.07.

(5) The agency under sub. (3) (b) shall determine the youth’s eligibility for re-entry to out-of-home care under s. DCF 21.03. If a youth submits a request to re-enter out-of-home care to the agency in the county where the youth resides and that agency is not the agency under sub. (3) (b), that agency shall forward the youth’s request to the agency under sub. (3) (b) on the same day.

(6) Within 5 working days after receiving the youth’s request, the agency under sub. (3) (b) shall make an eligibility determination and send a written notice to the youth. If the youth is not enrolled in school, the agency under sub. (3) (b) shall assist the youth with re-enrollment in school.

(7) If the agency under sub. (3) (b) is not the agency in the county where the youth resides, the agency where the youth resides shall assist the agency under sub. (3) (b) with all of the following:

(a) Verifying the youth’s enrollment in a secondary school or its technical or vocational equivalent.

(b) Verifying that an individualized education program under s. 115.787, Stats., is in effect for the youth.

(d) Obtaining signatures from the youth and, if needed, the youth’s guardian.

(8)

(a) If the agency under sub. (3) (b) determines that the youth is eligible under s. DCF 21.03, the agency shall enter into a voluntary transition-to-independent-living agreement with the youth within the same 5 working days that eligibility is determined under sub. (6). If the agency under sub. (3) (b) determines that the youth is not eligible, the agency shall send a written notice within 5 working days after the determination is made that specifies the reasons for the denial and informs the youth of his or her right to appeal under s. DCF 21.08.

(b) Notwithstanding par. (a), if the agency determines that the youth is eligible and makes efforts to contact the youth using the contact information provided by the youth and the youth does not respond, the agency shall enter into a new voluntary transition-to-independent-living agreement with the youth as soon as practicable.

History

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

Wis. Admin. Code § DCF 21.05 Voluntary transition-to-independent-living agreement {#sec-dcf-21.05 omnilex-key=us-wi-regs-official--agency-dcf--DCF 21.05}

The voluntary transition-to-independent-living agreement shall be on a form prescribed by the department and include all of the following conditions:

(1) The youth is 18 years of age or over but under 21 years of age.

(2) The youth is a full-time student at a secondary school or its technical or vocational equivalent.

(3) There is an individualized education program under s. 115.787, Stats., in effect for the youth.

(4) The youth will participate in activities assigned by the agency to prepare the youth for independent living.

(5) The youth will comply with school attendance requirements in the youth’s individualized education program under s. 115.787, Stats., school district policies, and truancy laws and ordinances.

(6) The youth will not be missing from his or her out-of-home care placement for more than 2 weeks without contact with the agency.

(7) If there is any change in the youth’s circumstances that affects a provision of the voluntary transition-to-independent-living agreement, the youth will notify the agency within 10 calendar days after the effective date of the change.

Note: Form DCF-F-5030-E, Voluntary Transition-to-Independent-Living Agreement, is available in the forms section of the department website, http://dcf.wisconsin.gov, or by writing to the Division of Safety and Permanence, P.O. Box 8916, Madison WI 53708-8916.

History

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

Wis. Admin. Code § DCF 21.06 Placement and supervision {#sec-dcf-21.06 omnilex-key=us-wi-regs-official--agency-dcf--DCF 21.06}

(1) Within 24 hours after the voluntary transition-to-independent-living agreement is signed, the agency under s. DCF 21.04 (3) (b) shall place the youth in out-of-home care or the home of a person not a relative under s. 48.207 (1) (f) or 938.207 (1) (f), Stats., or shall make other arrangements for housing for the youth. The agency under s. DCF 21.04 (3) (b) shall place the youth in a long-term out-of-home care placement within 10 days after the voluntary transition-to-independent-living agreement is signed.

(2) If the youth resides in a county other than the county where the agency under s. DCF 21.04 (3) (b) is located, the agency in the county where the youth resides shall supervise the youth jointly with the agency under s. DCF 21.04 (3) (b). The agency in the county where the youth resides shall conduct monthly face-to-face contacts with the youth and shall provide the agency under s. DCF 21.04 (3) (b) with documentation of the contacts and other updates necessary to support the care and supervision of the youth.

History

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

Wis. Admin. Code § DCF 21.07 Termination {#sec-dcf-21.07 omnilex-key=us-wi-regs-official--agency-dcf--DCF 21.07}

(1) The agency shall terminate a voluntary transition-to-independent-living agreement with a youth who is no longer eligible under s. DCF 21.03 or who fails to comply with the voluntary transition-to-independent-living agreement under s. DCF 21.05, except as provided in sub. (2).

(2) The agency shall not terminate the voluntary transition-to-independent-living agreement with a youth who is not in compliance with the voluntary transition-to-independent-living agreement if the noncompliance is with s. DCF 21.05 (2), (4), (5), or (6) and the youth actively participates in the development of a plan to address the concern and demonstrates a willingness to comply with the plan that is developed.

(3) To terminate a voluntary transition-to-independent-living agreement with a youth, an agency shall send the youth a notice of termination that will become effective 10 days after the date of the notice. If the agency sends the notice of termination and the youth files a timely appeal as provided in s. DCF 21.08 (1), (3), or (4), the adverse action shall be stayed and the youth shall remain eligible pending the decision of the agency, division administrator, or administrative law judge or expiration of the right to appeal under s. DCF 21.08 (1), (3), or (4).

History

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

Wis. Admin. Code § DCF 21.08 Appeal rights {#sec-dcf-21.08 omnilex-key=us-wi-regs-official--agency-dcf--DCF 21.08}

(1) A youth may submit a written request for an appeal of an agency denial of the youth’s request to re-enter out-of-home care or an agency termination of the voluntary transition-to-independent agreement between the youth and the agency. The request shall be sent to the director of the agency or his or her designee within 10 days after the date of the agency’s notice of denial or termination. If the youth does not request an appeal within 10 days after the date of the agency’s notice of denial under s. DCF 21.04 (8) or termination under s. DCF 21.07 (3), the denial or termination becomes final.

(2) The director of the agency or his or her designee shall make a determination on the youth’s appeal request for appeal and send a written decision no later than 3 working days after the agency received the youth’s request for appeal under sub. (1).

(3) If the director of the agency or his or her designee upholds the denial or termination, the youth may submit a written request for an appeal to the administrator of the department’s division of safety and permanence within 10 days after the date of the agency’s written decision under sub. (2). The division administrator or his or her designee shall consider the recommendation on whether to uphold the denial or termination made by a panel designated by the director of the bureau of permanence and out-of-home care in the division of safety and permanence. The division administrator or his or her designee shall make a determination and send the written decision to the youth within 5 working days after the department received the request. If the youth does not submit a written request for an appeal to the department’s division of safety and permanence within 10 days after the date of the agency’s written decision under sub. (2), the denial or termination becomes final.

Note: An appeal to the division administrator may be sent by mail to the Extended Out-of-Home Care Panel, Division of Safety and Permanence, 201 W. Washington Ave., P.O. Box 8916, Madison WI, 53708-8916 or by email to OHCExtensionAppeal@wisconsin.gov.

(4)

(a) A youth may request a hearing with the division of hearings and appeals under ch. 227, Stats., and ch. HA 3 if the division administrator or his or her designee upholds the agency denial or termination under sub. (3).

(b) A request for a hearing shall be in writing, addressed to the division of hearings and appeals, and filed within 45 days after the date of the notice from the division administrator or his or her designee upholding the denial or termination under sub. (3). A request for a hearing mailed to the division of hearings and appeals shall be considered filed with the division on the date of the postmark. If the youth does not request a hearing by the division of hearings and appeals within 45 days after the date of the notice from the division administrator or his or her designee upholding the denial or termination under sub. (3), the denial or termination becomes final.

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 (608) 264-9885.

History

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

Wis. Admin. Code § DCF 21.09 Reapplication following denial or termination {#sec-dcf-21.09 omnilex-key=us-wi-regs-official--agency-dcf--DCF 21.09}

If the youth reapplies following a denial of the youth’s application to re-enter out-of-home care under s. DCF 21.04 (8) or a termination of the youth’s eligibility under s. DCF 21.07, the agency may suspend processing of the application if it determines that the situation related to the rationale for the denial or termination has not changed. Within 2 working days after the agency decides to suspend processing of the application, the agency shall send the youth a written notice of its decision. The notification of suspension shall include a statement of the youth’s right to appeal the decision.

History

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

Chapter DCF 37 INFORMATION TO BE PROVIDED TO OUT-OF-HOME CARE PROVIDERS

Wis. Admin. Code § DCF 37.01 Authority and purpose {#sec-dcf-37.01 omnilex-key=us-wi-regs-official--agency-dcf--DCF 37.01}

This chapter is promulgated under the authority of ss. 48.67 (intro.) and 895.485 (4) (a), Stats., to specify the types of information that a placing agency that places a child in out-of-home care is to provide to the child’s out-of-home care provider to ensure that the provider can provide appropriate care for the child and to promote the health, safety, and welfare of the child, the out-of-home care provider, others in the out-of-home care provider’s home or facility, and the community.

History

CR 15-098: cr. Register June 2016 No. 726, eff. 7-1-16.

Wis. Admin. Code § DCF 37.02 Definitions {#sec-dcf-37.02 omnilex-key=us-wi-regs-official--agency-dcf--DCF 37.02}

In this chapter:

(1) “Allegation” means a charge or statement regarding a child or the child’s family that is known to the placing agency but for which has not been a finding by a governmental body or court or any known substantiating evidence, except “allegation” does not include any of the following:

(a) An interpretation of information made by a professional individual involved in the child’s treatment.

(b) A charge or statement that, in whole or in part, formed the basis for the child’s removal from his or her home.

(2) “Child” means a child placed in out-of-home care by a placing agency or court.

(3) “Child’s family” means, unless otherwise indicated, the child’s biological or adoptive family.

(3m) “County department” means a county department of social services under s. 46.22, Stats., or a county department of human services under s. 46.23, Stats.

(4) “Delinquent” has the meaning specified in s. 938.02 (3m), Stats.

(5) “Department” means the department of children and families.

(6) “Out-of-home care” means when a child is under the placement and care responsibility of the department or a county department in the care of an out-of-home care provider.

(7) “Out-of-home care provider” has the meaning specified in ss. 48.02 (12r) and 938.02 (12r), Stats.

(8) “Permanency plan” has the meaning specified in ss. 48.38 (1) (b) and 938.38 (1) (b), Stats.

(9) “Placing agency” means a public or private agency authorized under s. 48.57 or 48.61, Stats., to place a child in out-of-home care or arrange for placement of a child in out-of-home care.

History

CR 15-098: cr. Register June 2016 No. 726, eff. 7-1-16; EmR2420: emerg. cr. (3m), r. and recr. (6), eff. 1-1-25; CR 25-009: cr. (3m), r. and recr. (6) Register August 2025 No. 836, eff. 9-1-25.

Wis. Admin. Code § DCF 37.03 Information to be provided to an out-of-home care provider by the placing agency {#sec-dcf-37.03 omnilex-key=us-wi-regs-official--agency-dcf--DCF 37.03}

(1) Before a prospective out-of-home care provider agrees to placement of a child, the placing agency shall do all of the following:

(a) Gather all available information about the child and the child’s family that is required under sub. (4).

(b) Enter the information on the forms under sub. (4) or attach another document that contains the information to the appropriate form.

(2)

(a) The placing agency shall make a reasonable attempt to gather information required under sub. (4) that was not available to the placing agency when the agency provided the forms to the prospective out-of-home care provider. The placing agency shall provide the out-of-home care provider with information it receives after providing the forms to the out-of-home care provider, as follows:

For information required under sub. (4) (a) to (h), as soon as possible, but no later than 2 days after the date that the child is placed with the out-of-home care provider.
For information required under sub. (4) (i) to (o), as soon as possible, but no later than 7 days after the date that the child is placed with the out-of-home care provider, except the placing agency shall provide information that the agency determines is of critical importance to the health, safety, or welfare of the child or the out-of-home care provider to the out-of-home care provider no later than 2 days after receiving the information.

(b) If the placing agency receives information required under sub. (4) after the deadlines in par. (a) have passed, the agency shall provide the information to the out-of-home care provider as soon as possible, but no later than 7 days after the date that the agency receives the information, except the agency shall provide information it determines is of critical importance to the health, safety, or welfare of the child or the out-of-home care provider no later than 2 days after receiving the information.

(3) Notwithstanding subs. (1) and (2), the placing agency may not provide a prospective or actual out-of-home care provider with information regarding the child or the child’s family that is an allegation unless the placing agency determines that, if substantiated, the allegation would have a significant impact on the success of the placement and related services or on the health, safety, or welfare of the child, the out-of-home care provider, others in the out-of-home care provider’s home or facility, or the community. If the placing agency informs the out-of-home care provider of an allegation about the child or the child’s family, the agency shall record the allegation in the child’s case record and shall include the justification for providing the information.

(4) A placing agency shall use forms prescribed by the department to provide information about the child and the child’s family to a prospective or actual out-of-home care provider under this section. The forms shall include requests for all of the following information:

(a) Child information, including the child’s name, date of birth, physical characteristics, tribal affiliation, the spiritual or religious affiliation of the child or family, and the date the child is placed in out-of-home care.

(b) Parent or guardian contact information.

(c) Significant contact information, including agency contacts, emergency contact person, persons who are allowed to have contact with the child, prohibited contacts and visitors, and sibling information.

(d) Medical information, including providers, health insurance coverage, medications, scheduled medical or mental health appointments, and immunization record.

(e) Information on the school or child care that the child currently attends or most recently attended and the child’s educational programming.

(f) Life functioning, including formula or feeding restrictions, special medical equipment, allergies, therapeutic exercises, and activity restrictions.

(g) Considerations for making reasonable and prudent parenting decisions.

(h) Any additional information critical to the care of the child.

(i) Placement reasons.

(j) Contact information for the child’s guardian ad litem and legal counsel.

(k) Placement history, permanence goal, and concurrent permanence goal.

(L) Information on the well-being of the child, including the child’s trauma history and developmental, medical, cultural, emotional, behavioral, and educational needs.

(m) Qualifications or needs of the out-of-home care provider.

(n) A list of important documents and records regarding the child that have been given to the out-of-home care provider.

(o) A plan for managing challenging behaviors, including a list of the child’s behaviors that may lead to health or safety concerns, warning signs of escalating behaviors, steps to take in response to those escalations, and the agency’s reporting requirements.

Note: Information required under pars. (a) to (h) is entered on Form DCF-F-872A-E, Information for Out-of-Home Care Providers, Part A. Information required under pars. (i) to (o) is entered on Form DCF-F-872B-E, Information for Out-of-Home Care Providers, Part B. Both forms are available in the forms section of the department website at http://dcf.wisconsin.gov or by writing the Division of Safety and Permanence, P.O. Box 8916, Madison, WI 53708-8916.

History

CR 15-098: cr. Register June 2016 No. 726, eff. 7-1-16; correction in (2) (a) 1. made under s. 35.17, Stats., Register June 2016 No. 726.

Wis. Admin. Code § DCF 37.04 Exceptions {#sec-dcf-37.04 omnilex-key=us-wi-regs-official--agency-dcf--DCF 37.04}

(1) A placing agency may make an exception to the provision of any kind of information required under this chapter if the placing agency determines that all of the conditions in par. (a) or (b) are met:

(a) All of the following apply:

The information is confidential.
The placing agency does not have access to the information.
The placing agency has made a reasonable effort to obtain the information through appropriate releases of information.

(b) All of the following apply:

The information is not critical to the success of the placement and related treatment or services or the purposes described in s. DCF 37.01.
The exception does not jeopardize the health, safety, or welfare of the child, the out-of-home care provider, others in the out-of-home care provider’s home or facility, or the community.

(2) A placing agency shall provide detailed documentation in the narrative section of the child’s case record for any exception that the placing agency grants under sub. (1). The documentation shall specify the information or type of information that was not provided to the out-of-home care provider, the reason for not providing the information, the name of the agency representative who made the decision to not provide that information, the date the decision was made, and written approval by that person’s supervisor or the supervisor’s designee.

History

CR 15-098: cr. Register June 2016 No. 726, eff. 7-1-16.

Wis. Admin. Code § DCF 37.05 Confidentiality {#sec-dcf-37.05 omnilex-key=us-wi-regs-official--agency-dcf--DCF 37.05}

(1) Except as permitted under s. 252.15 (6), Stats., an out-of-home care provider that receives any information under this chapter shall keep the information confidential and may disclose that information only for the purposes of providing care for the child or participating in a court hearing or permanency plan review concerning the child.

(2) When a placing agency first provides any information regarding a child to the out-of-home care provider, the agency shall inform the out-of-home care provider of all confidentiality requirements mandated under state or federal law, including the confidentiality requirements under ss. 48.396, 48.78, 48.981 (7), 51.30, 118.125, 146.82, 252.15, 938.396, and 938.78, Stats., and any agency policy. The placing agency shall also inform the out-of-home care provider of any penalties that may be imposed for violating the confidentiality rights of the child and the child’s family.

(3) The placing agency providing information about a child shall require that the information and any related documents be maintained by the out-of-home care provider in a manner that would prohibit access to the information by the child, any other children in the care of the out-of-home care provider, and any other party whose access to the information is prohibited.

History

CR 15-098: cr. Register June 2016 No. 726, eff. 7-1-16.

Chapter DCF 39 RELINQUISHING CUSTODY OF A NEWBORN CHILD

Wis. Admin. Code § DCF 39.01 Authority and purpose {#sec-dcf-39.01 omnilex-key=us-wi-regs-official--agency-dcf--DCF 39.01}

This chapter is promulgated under the authority of ss. 48.195 (6) and 227.11 (2), Stats., to establish procedures under which a parent may relinquish a newborn who is 72 hours old or younger and procedures by which a law enforcement officer, emergency medical technician, or hospital staff member may take custody of a relinquished newborn, and procedures by which a parent who relinquishes a newborn may choose to be identified as the newborn’s parent.

History

CR 03-010: cr. Register January 2004 No. 577, eff. 2-1-04.

Wis. Admin. Code § DCF 39.02 Initial applicability {#sec-dcf-39.02 omnilex-key=us-wi-regs-official--agency-dcf--DCF 39.02}

This rule applies to newborns relinquished on or after the effective date of this rule.

History

CR 03-010: cr. Register January 2004 No. 577, eff. 2-1-04.

Wis. Admin. Code § DCF 39.03 Definitions {#sec-dcf-39.03 omnilex-key=us-wi-regs-official--agency-dcf--DCF 39.03}

In this chapter:

(1) “Agent” means any person providing services under a contract with an emergency medical service provider.

(2) “Ambulance service provider” means a person licensed to engage in the business of transporting sick, disabled or injured individuals by ambulance to or from facilities or institutions providing health services.

(4) “Child” has the meaning given in s. 48.02 (2), Stats.

(5) “Coerce” means to force to act or think in a given manner or to compel by pressure or threat.

(6) “County department” means an agency under s. 46.22 or 46.23, Stats.

(7) “Custody” means having the physical person of a newborn in the absence of a court order granting physical or legal custody to a physical custodian.

(8) “Department” means the Wisconsin department of children and families.

(9) “Emergency medical service provider” means any one of the following:

(a) A hospital.

(b) A law enforcement agency.

(d) An ambulance service provider.

(e) A public agency.

(f) A public safety agency.

(10) “Emergency medical technician” means an individual who is licensed as any one of the following:

(a) An EMT-basic.

(b) An EMT-basic IV.

(d) An EMT-paramedic.

(11) “Fire department” has the meaning given in s. SPS 314.03 (1) (d).

(12) “Hospital” has the meaning given in s. 50.33 (2) (a) and (c), Stats., except for psychiatric hospitals or mental hospitals, approved to operate according to the provisions of s. DHS 124.03.

(13) “Hospital-provided emergency medical services” means services provided by a hospital that the department has identified as providing some category of emergency service.

(14) “Hospital staff member” means any of the following individuals employed by or under contract with a hospital:

(a) An emergency medical technician working in the hospital under the direction of a physician.

(b) A hospital social worker, case worker, or social work assistant.

(d) A physician, as defined in s. 448.01 (5), Stats.

(e) A physician assistant, as defined in s. 448.971 (2), Stats.

(f) A registered nurse licensed under s. 441.06, Stats.

(g) Any other employee or agent who is designated in a written hospital policy to take custody of a newborn under this chapter.

(h) An employee or agent who is designated in a written hospital policy to dispatch a law enforcement officer or emergency medical technician to meet a parent who wishes to relinquish a newborn.

(15) “Identifying information” means any information that would disclose the name, location, or identity of a parent or a person assisting a parent.

(16) “Induce” means to lead or move a parent relinquishing a newborn or a person assisting a parent relinquishing a newborn by influence or persuasion.

(17) “Intake worker” means any person who meets the requirements of s. 48.06 (1) (am) and (2) (b), Stats., and who provides intake services under ch. 48, Stats.

(18) “Law enforcement agency” has the meaning given in s. 165.83 (1) (b), Stats.

(19) “Law enforcement officer” has the meaning given in s. 165.85 (2) (c), Stats.

(20) “Maternal and child health hotline” means the 24-hour per day, 7-day per week information and referral toll-free telephone service administered by the department.

(21) “Newborn” means a person whom a law enforcement officer, emergency medical technician, or a hospital staff member reasonably believes to be 72 hours old or younger.

(22) “Parent” means one of the following:

(a) A biological mother or a biological father of a newborn.

(b) A male who is presumed to be the father of a newborn under s. 891.41, Stats.

(23) “Public agency” has the meaning given in s. 256.35 (1) (f), Stats.

(24) “Public safety agency” has the meaning given in s. 256.35 (1) (g), Stats.

(25) “Relinquish” means to voluntarily give the physical person of a newborn to a law enforcement officer, emergency medical technician, or hospital staff member.

History

CR 03-010: cr. Register January 2004 No. 577, eff. 2-1-04; corrections in (8), (11), (12), (14) (b), (23), and (24) made under s. 13.92 (4) (b) 6. and 7., Stats., Register November 2008 No. 635; correction in (11) made under s. 13.92 (4) (b) 7., Stats., Register December 2010 No. 660; correction in (11) made under s. 13.92 (4) (b) 7., Stats., Register February 2012 No. 674; correction in (14) (c) made under s. 13.92 (4) (b) 7., Stats., Register October 2015 No. 718; CR 21-107: r. (3), am. (14) (b) Register June 2022 No. 798, eff. 7-1-22; correction in (14) (e) made under s. 13.92 (4) (b) 7., Stats., Register January 2023 No. 805.

Wis. Admin. Code § DCF 39.04 Relinquishing custody of a newborn {#sec-dcf-39.04 omnilex-key=us-wi-regs-official--agency-dcf--DCF 39.04}

(1) Individuals who may relinquish a newborn. A newborn may only be relinquished under this chapter by a parent of the newborn.

(2) Participation of others during relinquishment. A parent may select any person to assist the parent in the relinquishment of a newborn.

History

CR 03-010: cr. Register January 2004 No. 577, eff. 2-1-04.

Wis. Admin. Code § DCF 39.05 Taking a newborn into custody {#sec-dcf-39.05 omnilex-key=us-wi-regs-official--agency-dcf--DCF 39.05}

(1) Who may take custody of a newborn. The following individuals may take custody of a newborn relinquished under this chapter:

(a) An emergency medical technician.

(b) A hospital staff member specified in s. DCF 39.03 (14) (a) to (g).

(2) Individuals required to take custody of a newborn. If a law enforcement officer or emergency medical technician is requested to meet a parent who wishes to relinquish a newborn, the law enforcement officer or emergency medical technician shall meet the parent and take custody of the newborn in the manner specified in s. DCF 39.09.

(3) Limitations on taking custody. The individuals specified in subs. (1) and (2) shall be actively employed by, or under contract with, an emergency medical service provider, and acting within the scope of the contract or employment during the act of relinquishment and until custody of the newborn is transferred to an intake worker as required in s. DCF 39.09 (3).

(4) Completion of responsibilities upon taking custody. If a person who takes custody of a newborn under this chapter cannot subsequently fulfil the requirements of s. DCF 39.09, the requirements of s. DCF 39.09 shall be fulfilled by any other person described in sub. (1).

History

CR 03-010: cr. Register January 2004 No. 577, eff. 2-1-04; corrections in (1) (b) and (2) to (4) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635.

Wis. Admin. Code § DCF 39.06 Court authority upon relinquishment {#sec-dcf-39.06 omnilex-key=us-wi-regs-official--agency-dcf--DCF 39.06}

Upon completion of the act of relinquishment, the court has exclusive original jurisdiction of a relinquished newborn as specified under s. 48.13 (2m), Stats. Custody of a relinquished newborn may not be returned to a parent or transferred to any other person, except as provided in ss. DCF 39.09 (3) and 39.05 (1), and s. 48.207, Stats., or by court order pursuant to ch. 48, Stats.

History

CR 03-010: cr. Register January 2004 No. 577, eff. 2-1-04; correction made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635.

Wis. Admin. Code § DCF 39.07 Health and safety of a newborn upon relinquishment {#sec-dcf-39.07 omnilex-key=us-wi-regs-official--agency-dcf--DCF 39.07}

(1) A law enforcement officer, emergency medical technician, or hospital staff member who takes a newborn into custody under this chapter shall take any action necessary to protect the health and safety of the newborn, including obtaining hospital-provided emergency medical services for each newborn taken into custody under this chapter.

(2) If the location of a relinquishment is not a hospital, an ambulance service provider shall transport the newborn to the nearest hospital.

(3) A hospital receiving a newborn under this chapter shall provide care for the newborn as provided in this chapter, ch. DHS 124, and s. 256.30, Stats.

(4) Within 5 days after taking or receiving custody of a newborn, a hospital staff member shall file a birth certificate for the newborn under s. 69.14 (3), Stats.

(5) The act of relinquishment shall be presumed to be parental consent for the purpose of providing medical treatment and care to a relinquished newborn until an appropriate court order is granted under s. 48.373 (1), Stats.

History

CR 03-010: cr. Register January 2004 No. 577, eff. 2-1-04; correction in (3) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635.

Wis. Admin. Code § DCF 39.08 Anonymity and confidentiality {#sec-dcf-39.08 omnilex-key=us-wi-regs-official--agency-dcf--DCF 39.08}

(1) A parent who relinquishes custody of a newborn, or a person assisting a parent in that relinquishment, may do so anonymously.

(2) A parent who relinquishes custody of a newborn or a person assisting the parent with the relinquishment, who chooses to relinquish a newborn anonymously under sub. (1) may refuse to provide identifying information to, and may, at any time, leave the presence of, the law enforcement officer, emergency medical technician, or hospital staff member who took custody of the newborn, unless the law enforcement officer, emergency medical technician, or hospital staff member reasonably believes that one of the following circumstances exists:

(a) The newborn has been abused or neglected, as defined in s. 48.02 (1) and (12g), Stats.

(b) The parent is being coerced or induced into relinquishing the newborn.

(3) No person, including an officer, employee, or agent of this state or a political subdivision of this state, may induce or coerce or attempt to induce or coerce a parent or a person assisting a parent in relinquishing a newborn under this chapter to provide identifying information or attempt to ascertain identifying information from, or follow, or pursue, or locate a parent who relinquishes a newborn under this chapter or a person that assisted a parent in relinquishing a newborn, unless the person reasonably believes that the circumstances in sub. (2) (a) or (b) exist.

(4) Any person who has or obtains information relating to the relinquishment of a newborn shall keep that information confidential and may not disclose that information, except to the persons specified in s. 48.195 (2) (d), Stats.

(5)

(a) A parent who chooses to be identified during the act of relinquishment may be asked all of the information specified in s. DCF 39.09 (1), and any other information deemed pertinent by the person taking custody of the newborn.

(b) A parent who anonymously relinquishes a newborn under sub. (1) may choose to be identified as a parent of the newborn subsequent to the relinquishment by following the procedures specified in s. DCF 39.11.

(6) Nothing in this chapter shall affect the manner in which a law enforcement officer, emergency medical technician, or hospital staff member performs the duties prescribed by law or under licensure or certification.

History

CR 03-010: cr. Register January 2004 No. 577, eff. 2-1-04; corrections in (5) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; correction in (2) (a) made under s. 13.92 (4) (b) 7., Stats., Register May 2010 No. 653; CR 21-107: am. (6) Register June 2022 No. 798, eff. 7-1-22.

Wis. Admin. Code § DCF 39.09 Responsibilities of a person taking custody of a newborn {#sec-dcf-39.09 omnilex-key=us-wi-regs-official--agency-dcf--DCF 39.09}

In addition to protecting the health and safety of the newborn as required under s. DCF 39.07, a person taking custody of a newborn under this chapter shall do all of the following:

(1) Inform the parent, and any person assisting the parent with the relinquishment, of the anonymity provisions in s. DCF 39.08. If the parent chooses under s. DCF 39.08 (5) to provide identifying information or be identified as a parent of the newborn, make a reasonable effort to obtain all of the following:

(a) Information regarding the social and health history of each parent of the newborn, and of the families of each parent as prescribed by the department.

(b) Information on the ethnicity and race of the newborn, including whether the newborn is of American Indian heritage and, if so, any tribal affiliation.

(c) The name, address, telephone number, and any other identifying information of each parent, and any person assisting a parent in the relinquishment.

(2) Offer the parent who relinquishes a newborn and any person present with a parent during the relinquishment the publication entitled Relinquishment Brochure and Questionnaire created by the department. If the parent or a person present with the parent refuses the information offered, document the refusal as prescribed in sub. (6).

Note: The documents comprising the Relinquishment Brochure and Questionnaire are available in the “forms and publications” section of the department website, dcf.wisconsin.gov, as “publication number 4073”.

(3)

(a) Within 24 hours after taking custody of the newborn, transfer custody of the newborn to the intake worker in the county where the relinquishment occurred and provide, as requested by the intake worker, all of the information relating to the relinquishment obtained before, during and after the act of relinquishment.

(b) Upon accepting custody of a relinquished newborn, the intake worker shall immediately request that the appropriate law enforcement agency investigate and determine, through the Wisconsin missing children information clearinghouse, the National Center for Missing and Exploited Children, and any other national and state resource, whether the newborn has been reported as a missing child. The intake worker shall document the request and results of the search in the usual and customary manner of performing intake services under ch. 48, Stats.

(4) Take custody of the newborn or child and immediately notify, as appropriate, a law enforcement agency or officer, if any of the following circumstances are believed to exist:

(a) The person attempting to relinquish the newborn or child is not the parent of the newborn or child.

(b) The child is more than 72 hours old.

(d) The parent who is relinquishing the newborn is being induced or coerced, or has been induced or coerced, into relinquishing the newborn.

(5) If required under s. 48.981 (3), Stats., a law enforcement officer notified under sub. (4) shall make a referral to a county department or the department in a county having a population of 750,000 or more.

(6) Document all of the non-identifying information observed or obtained during the relinquishment, including the information obtained from performing the responsibilities in subs. (1) to (5) and in s. DCF 39.07.

History

CR 03-010: cr. Register January 2004 No. 577, eff. 2-1-04; corrections in (intro.), (1) (intro.) and (6) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; correction in (4) (c) made under s. 13.92 (4) (b) 7., Stats., Register May 2010 No. 653; CR 21-107: r. and recr. (5) Register June 2022 No. 798, eff. 7-1-22.

Wis. Admin. Code § DCF 39.10 Responsibilities of emergency medical service providers {#sec-dcf-39.10 omnilex-key=us-wi-regs-official--agency-dcf--DCF 39.10}

An emergency medical service provider whose employee or agent takes custody of a newborn or who may be required to dispatch a law enforcement officer or emergency medical technician under this chapter shall do all of the following:

(1) Develop and implement written policies and procedures that set forth how the emergency medical service provider will cooperate with other emergency medical service providers to perform its responsibilities under this chapter.

(2) Develop and implement written policies and procedures to guide employees and agents in their activities performed under this chapter.

(3) Ensure that an employee or agent who takes custody of a newborn under this chapter is trained in the policies and procedures developed pursuant to subs. (1) and (2).

(4) Maintain a supply of the publication entitled Relinquishment Brochure and Questionnaire to be distributed by an employee or agent pursuant to s. DCF 39.09 (2).

(5) Maintain all of the following written documentation:

(a) Name and title of the employee or agent who took custody of the newborn and the name and title of any other employee or agent present during the act of relinquishment.

(b) Date and time of the relinquishment, and address where the relinquishment occurred. If the actual address cannot be ascertained, the nearest cross street to the location where the relinquishment occurred.

(d) Information on the general health of the newborn at the time of the relinquishment and during the transfer of custody of the newborn to an intake worker under s. DCF 39.09 (3).

(e) Any non-identifying observations concerning the relinquishment made by an employee or agent who took custody of a newborn and any employee or agent who was present during the relinquishment or was otherwise involved in the relinquishment.

(f) A description of all actions taken by an employee or agent after the newborn was taken into custody, including all locations that a newborn was taken and the reason the newborn was taken to any of the specified locations.

(g) The age or estimated age of the newborn.

(h) The name and address of the intake worker, and the date, time, and location that custody was transferred to the intake worker under s. DCF 39.09 (3).

(i) Whether the newborn is believed to have been abused or neglected, as defined in s. 48.02 (1) and (12g), Stats.

(j) The date on which a birth certificate for the newborn was filed as specified in s. DCF 39.07 (4).

(k) Whether the parent or person assisting with the parent during the relinquishment refused to accept any information offered.

(L) Whether the parent or person assisting the parent voluntarily provided any identifying information.

(m) Whether the employee or agent that took custody of the newborn informed the parent and the person assisting the parent during the relinquishment, of the anonymity and confidentiality provisions specified in s. DCF 39.08.

(n) Procedures that prescribe the transfer of responsibilities under s. DCF 39.05 (4) from an employee or agent who took custody of a newborn to a different employee or agent authorized under s. DCF 39.05 (1) or (2) to take custody of a newborn.

(6) Make available in a location conspicuous to an employee and agent a copy of this chapter and the policies and procedures developed and implemented under subs. (1) and (2).

(7) Develop and implement any other written policies and procedures that may be required by the department under this chapter.

History

CR 03-010: cr. Register January 2004 No. 577, eff. 2-1-04; corrections in (4), (5) (d), (h), (j), (m) and (n) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; correction in (5) (i) made under s. 13.92 (4) (b) 7., Stats., Register May 2010 No. 653.

Wis. Admin. Code § DCF 39.11 Procedures for being identified as a parent of a newborn {#sec-dcf-39.11 omnilex-key=us-wi-regs-official--agency-dcf--DCF 39.11}

(1) If a parent who relinquished a newborn anonymously under s. DCF 39.08 (1) later wishes to be identified as a parent of the newborn, or the other parent of the newborn wishes to be identified as a parent of the newborn, the parent shall contact the intake worker in the county in which the relinquishment occurred.

(2) An intake worker contacted by a parent under sub. (1) shall advise the parent of the procedures to be followed by the intake worker under ch. 48, Stats., concerning a newborn alleged to be in need of protection or services under s. 48.13 (2m), Stats.

(3) An intake worker contacted by a parent under this section, shall make a reasonable effort to obtain from the parent any identifying information about the parent, the other parent of the newborn, and any other information necessary for the performance of the intake worker’s responsibilities under ch. 48, Stats.

History

CR 03-010: cr. Register January 2004 No. 577, eff. 2-1-04; correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635.

Wis. Admin. Code § DCF 39.12 Immunity from liability {#sec-dcf-39.12 omnilex-key=us-wi-regs-official--agency-dcf--DCF 39.12}

Any parent who relinquishes custody of a newborn under this chapter and any person who assists a parent in that relinquishment, and any law enforcement officer, emergency medical technician, or hospital staff member who takes a newborn into custody under this chapter has the immunity and limitations on immunity as specified in s. 48.195 (4), Stats.

History

CR 03-010: cr. Register January 2004 No. 577, eff. 2-1-04.

Wis. Admin. Code § DCF 39.13 Medical assistance eligibility {#sec-dcf-39.13 omnilex-key=us-wi-regs-official--agency-dcf--DCF 39.13}

A newborn who is taken into custody under this chapter is presumed to be eligible for medical assistance as specified in s. 48.195 (5), Stats.

History

CR 03-010: cr. Register January 2004 No. 577, eff. 2-1-04.

Chapter DCF 40 REVIEW OF A DETERMINATION OF CHILD ABUSE OR NEGLECT

Wis. Admin. Code § DCF 40.01 Purpose {#sec-dcf-40.01 omnilex-key=us-wi-regs-official--agency-dcf--DCF 40.01}

This chapter specifies the procedures for review of a determination that a specific person has abused or neglected a child under s. 48.981 (3) (c) 5m., and 5p., Stats., and for ensuring that authorized information is available for background checks as provided in s. 48.981 (3) (c) 5r., Stats.

History

EmR1427: emerg. cr., eff. 1-1-15; CR 14-072: cr. Register June 2015 No. 714, eff. 7-1-15.

Wis. Admin. Code § DCF 40.02 Definitions {#sec-dcf-40.02 omnilex-key=us-wi-regs-official--agency-dcf--DCF 40.02}

In this chapter:

(1) “Abuse” has the meaning given in s. 48.02 (1), Stats., and as further defined in the standards established by the department for conducting child abuse and neglect investigations under s. 48.981 (3) (c) 1. a., Stats.

Note: The department’s Child Protective Services Access and Initial Assessment Standards are available on the department’s website, http://dcf.wisconsin.gov, by clicking on Child and Family Safety/Wisconsin’s Statewide Automated Child Welfare Information System (WiSACWIS)/Frequently Used Links/CPS, Safety, Ongoing Standards.

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

(3) “Agency” means a county department under s. 46.22 or 46.23, Stats., or in a county having a population of 750,000 or more, the department or a licensed child welfare agency that is under contract with the department to fulfill the department’s duties specified under s. 48.981 (3) (c) 5m., Stats.

(4) “Department” means the department of children and families.

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

(6) “Final determination” means an agency determination made under s. 48.981 (3) (c) 5m., Stats., that a specific person has abused or neglected a child.

(7) “Initial determination” means an agency determination made under s. 48.981 (3) (c) 4., Stats., that a specific person has abused or neglected a child.

(8) “Licensed child welfare agency” means a person licensed as required under s. 48.60, Stats.

(9) “Neglect” has the meaning given in s. 48.02 (12g), Stats., and as further defined in the standards established by the department for conducting child abuse and neglect investigations or unborn child abuse investigations under s. 48.981 (3) (c) 1. a., Stats.

History

EmR1427: emerg. cr., eff. 1-1-15; CR 14-072: cr. Register June 2015 No. 714, eff. 7-1-15; correction in (9) made under s. 13.92 (4) (b) 7., Stats., Register June 2015 No. 714; CR 21-107: am. (3) Register June 2022 No. 798, eff. 7-1-22.

Wis. Admin. Code § DCF 40.03 Review of an initial determination {#sec-dcf-40.03 omnilex-key=us-wi-regs-official--agency-dcf--DCF 40.03}

(1) Notice. If an agency makes an initial determination that a specific person has abused or neglected a child, the agency shall send by first class mail all of the following information to the person by the next working day:

(a) A summary of the initial determination that includes the name of the child involved in the alleged incident and the reasons for the agency’s determination that the person who is the subject of the initial determination has abused or neglected the child.

(b) Information on the administrative appeal process, including the procedures for review of an initial determination and a contested case hearing before the division of hearings and appeals if the final determination upholds the initial determination.

(2) Procedures for review of an initial determination.

(a) A person who is the subject of an initial determination may request a review of the initial determination by submitting a written request for review to the agency within 15 days after the date of the notice of initial determination.

(b) Within 15 days after receiving the review request, the agency shall send a written notice to the person who is the subject of the initial determination with the review date, time, and place. The notice shall be sent at least 7 days before the review.

(c) The agency shall appoint an individual or panel to conduct the review of the initial determination. A panel shall be comprised of at least 3 members, and the final determination shall be the decision of the majority of the panel. The individual or panel conducting the review of the initial determination shall have authority to make the final determination.

(d) Any person who conducts the review of the initial determination shall have knowledge of child protective services in Wisconsin.

(e) No person who conducts the review of the initial determination may have had any prior involvement in the investigation or determination for the case that is being reviewed.

(f) The review of the initial determination shall be held within 45 days after the agency receives a request for review from the person who is the subject of the initial determination.

(g) An agency may not hold the review of the initial determination in abeyance pending the outcome of any criminal proceedings or any proceedings under s. 48.13 or 938.12, Stats., based on the alleged abuse or neglect or the outcome of any investigation that may lead to the filing of a criminal complaint or petition under s. 48.13 or 938.12, Stats., based on the alleged abuse or neglect.

(h) The person who is the subject of the initial determination may request one rescheduling of the review date or time, and the agency shall grant the request if the review of the initial determination can be rescheduled within 45 days after the person’s initial request for review. The notice of the rescheduled review date may be sent less than 7 days before the review if that is necessary to complete the review within 45 days after the person’s request for review.

(i) The review of the initial determination shall be scheduled for at least one hour. When the review is scheduled, the agency shall provide the reviewing individual or panel with information related to the initial determination.

(j) The person who is the subject of the initial determination may be represented by an attorney at the review of the initial determination.

(k) The person who is the subject of the initial determination may present information that is relevant to whether the person has abused or neglected a child as specified in the initial determination. The person who is the subject of the initial determination may not present witnesses and does not have the right to question agency staff who may be present. Agency staff may allow questioning and respond to questions to facilitate the review. The agency is not required to present evidence or witnesses to support the determination beyond the materials provided under par. (i).

History

EmR1427: emerg. cr., eff. 1-1-15; CR 14-072: cr. Register June 2015 No. 714, eff. 7-1-15; EmR1918: emerg. am. (1) (c), eff. 1-30-19; CR 19-089: am. (1) (c) Register March 2020 No. 770, eff. 4-1-20.

Wis. Admin. Code § DCF 40.04 Final determination and hearing procedures {#sec-dcf-40.04 omnilex-key=us-wi-regs-official--agency-dcf--DCF 40.04}

(1) Within 10 days after the date of the review of the initial determination, the individual or panel conducting the review of the initial determination under s. DCF 40.03 shall make a final determination on whether the person who is the subject of the initial determination has abused or neglected a child. Within 5 days after the date of the final determination, the agency shall send a written notice of final determination to the person by first class mail.

(2) If the person who is the subject of the initial determination does not request a review of the determination within 15 days after the date of the notice of initial determination, the agency shall send a written notice of final determination to the person within 5 days after the deadline for requesting a review of the initial determination.

(3) If the final determination upholds the initial determination or the person who is the subject of the initial determination did not request a review of the determination, the notice of final determination shall include all of the following:

(a) A summary of the final determination that includes the name of the child involved in the alleged incident and the reasons for the agency’s determination that the person who is the subject of the final determination has abused or neglected the child.

(b) Information on appealing the final determination, including all of the following:

To receive a contested case hearing under ch. 227, Stats., the person shall file a request for a hearing with the division of hearings and appeals within 10 days after the date of the notice.
Materials may be submitted to the division of hearings and appeals by mail, personal service, inter-departmental mail, or fax. The date of filing shall be one of the following:

a. Materials mailed to the division of hearings and appeals shall be considered filed on the date of the postmark. If the postmark date is illegible or absent, the filing date shall be the date of receipt by the division of hearings and appeals.

b. Materials submitted by personal service or by inter-departmental mail shall be considered filed on the date they are received by the division of hearings and appeals.

c. Materials transmitted to the division of hearings and appeals by facsimile shall be considered filed or served on the division or the administrative law judge on the date and at the time that is imprinted by the division’s facsimile machine on the transaction report that accompanies the document. Documents received after midnight local time shall be deemed filed on the first following business day.

Note: The mailing address is Division of Hearings and Appeals, P.O. Box 7875, Madison, WI 53707-7875. The street address is 4822 Madison Yards Way, Madison, WI 53705. The fax number is (608) 264-9885.

A person who is the subject of a final determination may request that the division of hearings and appeals expedite the person’s appeal if any of the following apply:

a. The person currently has, or has applied for, a license, certification, certificate of approval, or registration that may be revoked or denied as provided in s. 48.685, 48.686, or 50.065, Stats.

b. The person is currently employed by or contracts with, or the person is actively engaged in seeking employment or a contract with, an entity or a child care program for duties subject to the background check requirements under s. 48.685, 48.686, or 50.065, Stats.

c. The person is enrolled in an academic program that leads to license, certification, or employment or contract position that will be subject to the background check requirements under s. 48.685 or 50.065, Stats., and the person can be expected to complete the academic program within 150 days after the date of the request for a hearing with the division of hearings and appeals.

A person who requests that the division of hearings and appeals expedite the appeal shall indicate the request on the request for a hearing and provide documentation that a qualifying condition under subd. 3. applies.
The division of hearings and appeals shall commence the hearing within 90 days after receipt of the request for hearing, unless any of the following apply:

a. The hearing is rescheduled on the request of the person requesting the hearing.

b. The contested case proceeding is held in abeyance pending the outcome of any criminal proceedings or any proceedings under s. 48.13, Stats., based on the alleged abuse or neglect or the outcome of any investigation that may lead to the filing of a criminal complaint or a petition under s. 48.13, Stats., based on the alleged abuse or neglect.

The division of hearings and appeals shall issue a final decision within 60 days after the close of the hearing.
Judicial review of the final decision following the hearing may be had by any party to the contested case proceeding as provided in ch. 227, Stats.

A final determination that the person abused or neglected a child is a bar to certain licenses, employment, residence, and other specified actions involving an entity, child care program, or person that is covered by the background check requirements in s. 48.685, 48.686, or 50.065, Stats.
The person may request a review to demonstrate that the person has been rehabilitated.
Rehabilitation may be denied, approved for all actions that would otherwise be barred by the final determination under s. 48.685, 48.686, or 50.065, Stats., or limited to approval for specified actions only.

Note: Chapter DCF 12 contains information on the rehabilitation review process under s. 48.685, Stats. Chapter DCF 13 contains information on the rehabilitation review process under s. 48.686, Stats. Chapter DHS 12 contains information on the rehabilitation review process under s. 50.065, Stats.

(4)

(a) The division of hearings and appeals shall consider the date of filing of a person’s request for a hearing to be the date determined under sub. (3) (b) 2.

(b) The division of hearings and appeals shall provide an expedited hearing and final decision for a person who meets a condition in sub. (3) (b) 3. as soon as practicable.

History

EmR1427: emerg. cr., eff. 1-1-15; CR 14-072: cr. Register June 2015 No. 714, eff. 7-1-15; EmR1918: emerg. am. (3) (b) 3. a. to c., (c) (intro.), 1., 3., eff. 1-30-19; CR 19-089: am. (3) (b) 3. a. to c., (c) (intro.), 1., 3. Register March 2020 No. 770, eff. 4-1-20; CR 21-107: am. (3) (b) 3. c., 4., (c) 2. Register June 2022 No. 798, eff. 7-1-22.

Wis. Admin. Code § DCF 40.05 Other requirements {#sec-dcf-40.05 omnilex-key=us-wi-regs-official--agency-dcf--DCF 40.05}

(1) The agency records related to an initial determination and the subsequent review and hearing shall be governed by the confidentiality provisions of s. 48.981 (7), Stats.

(2) An initial or final determination that a specific person has abused or neglected a child shall be based on a preponderance of the evidence.

(3) Any review or appeal of an initial or final determination shall be governed by the standards established by the department for conducting child abuse and neglect investigations under s. 48.981 (3) (c) 1. a., Stats.

History

EmR1427: emerg. cr., eff. 1-1-15; CR 14-072: cr. Register June 2015 No. 714, eff. 7-1-15; correction in (3) made under s. 13.92 (4) (b) 7., Stats., Register June 2015 No. 714.

Wis. Admin. Code § DCF 40.06 Background checks {#sec-dcf-40.06 omnilex-key=us-wi-regs-official--agency-dcf--DCF 40.06}

The agency shall ensure that authorized information regarding the final determination that a specific person has abused or neglected a child is available for background checks under ss. 48.685, 48.686, and 50.065, Stats., within 15 days after the agency’s final determination. If a contested case hearing under ch. 227, Stats., or judicial review overturns the agency’s final determination that a specific person has abused or neglected a child, the agency shall update the authorized information available for background checks within 15 days after the decision.

History

EmR1427: emerg. cr., eff. 1-1-15; CR 14-072: cr. Register June 2015 No. 714, eff. 7-1-15; EmR1918: emerg. am., eff. 1-30-19; CR 19-089: am. Register March 2020 No. 770, eff. 4-1-20.

Chapter DCF 43 TRAINING FOR CHILD PROTECTIVE SERVICES CASEWORKERS AND SUPERVISORS

Wis. Admin. Code § DCF 43.01 Authority and purpose {#sec-dcf-43.01 omnilex-key=us-wi-regs-official--agency-dcf--DCF 43.01}

This chapter is promulgated under the authority of s. 48.981 (8) (d) 1. and 2., Stats., to establish standards for pre-service, foundation, and in-service training for child protective services caseworkers and supervisors who provide child protective services to children, unborn children, and families in child abuse and neglect cases.

History

CR 06-081: cr. Register January 2008 No. 625, eff. 2-1-08.

Wis. Admin. Code § DCF 43.02 Applicability {#sec-dcf-43.02 omnilex-key=us-wi-regs-official--agency-dcf--DCF 43.02}

This chapter applies to the department; county departments under ss. 46.215, 46.22, and 46.23, Stats.; child welfare agencies licensed under s. 48.60, Stats., and under contract with the department or a county department to provide child protective services; and staff of those agencies who are child protective services caseworkers and child protective services supervisors hired to perform child protective services job functions.

History

CR 06-081: cr. Register January 2008 No. 625, eff. 2-1-08.

Wis. Admin. Code § DCF 43.03 Definitions {#sec-dcf-43.03 omnilex-key=us-wi-regs-official--agency-dcf--DCF 43.03}

In this chapter:

(1) “Access” means the function of the agency to gather information leading to a determination of the need for child protective services intervention.

(2) “Agency” means the department, a county department under s. 46.215, 46.22, or 46.23, Stats., or a child welfare agency licensed under s. 48.60, Stats., and under contract with the department or a county department to provide child protective services.

(3) “Child protective services” means specialized casework services provided to children and their families where there is abuse or neglect, or threatened abuse or neglect, or emotional damage to the child.

(4) “Child protective services caseworker” or “caseworker” means an employee of an agency whose primary job function is the provision of child protective services, including access, investigation/initial assessment, and ongoing child protective services.

(5) “Child protective services supervisor” “or supervisor” means a person who directly supervises a child protective services caseworker.

(6) “Child welfare agency” means a person licensed by the department under s. 48.60, Stats., and ch. DCF 54.

(7) “Continuing education” means training hours that can be met through attending one or more of the following:

(a) Formal presentations at seminars, workshops, programs, or institutes.

(b) A university, college, or vocational technical adult education course.

(d) Interactive internet learning courses approved by the department or offered by an accredited college or university.

(e) A self-study course approved by an accredited college or university school of social work or a local or national professional social work organization.

(8) “Department” means the Wisconsin department of children and families.

(8m) “Employing agency” means the department, a county department under s. 46.215, 46.22, or 46.23, Stats., or a child welfare agency licensed under s. 48.60, Stats., and under contract with the department or a county department to provide child protective services that employs a child protective services caseworker or supervisor.

(9) “Foundation training” means curriculum content approved by the department that provides essential skills and applications training. Foundation training may include information on subjects such as professionalism; the legal aspects of child welfare; case assessment and planning, including safety; effects of abuse and neglect on child development; separation, placement and unification.

(10) “Investigation/Initial assessment” means the process by which information about a family is gathered and analyzed in response to an indication that a child or unborn child may be in need of protection or services under ss. 48.13 or 48.133, Stats.

(11) “In-service training” means continuing education in child welfare approved by the department.

Note: In-service training may include information on subjects such as: adolescent drug and alcohol abuse in addictive families, effective case presentation and courtroom testimony, independent living, mental health issues in child welfare practice, or termination of parental rights training.

(12) “Pre-service training” means a curriculum approved by the department that provides beginning knowledge and awareness of areas essential to child welfare practice. This includes, but is not limited to, knowledge of the scope and philosophical base of child welfare services and the basic process and functions of providing those services.

(13) “Statewide automated child welfare information system” means Wisconsin’s computerized system under s. 48.47 (7g), Stats., that is designed to document and manage casework associated with public child welfare responsibilities.

History

CR 06-081: cr. Register January 2008 No. 625, eff. 2-1-08; correction in (13) made under s. 13.92 (4) (b) 7., Stats., Register January 2008 No. 625; corrections in (6), (8) and (13) made under s. 13.92 (4) (b) 6. and 7., Stats., Register November 2008 No. 635.

Wis. Admin. Code § DCF 43.04 Child protective services caseworker training {#sec-dcf-43.04 omnilex-key=us-wi-regs-official--agency-dcf--DCF 43.04}

(1) Pre-service training requirements.

(a) Except as specified in s. DCF 43.06 (1), each individual who is employed as a child protective services caseworker shall complete pre-service training. The web-based portion of the pre-service training shall not exceed 40 hours. The guided activities within the curriculum are not part of the web-based portion of pre-service training. If the caseworker receives pre-service training in a format that is approved by the department under par. (d), the caseworker may complete the curriculum in the time specified by his or her employing agency.

(b) The employing agency shall enter the date on which each caseworker completes pre-service training, or the date on which the employing agency exempts the caseworker from pre-service training under s. DCF 43.06 (1) in the training section of the statewide automated child welfare system within 5 working days after the training is completed or the exemption is granted.

(c) A child protective services caseworker who has completed pre-service training required under par. (a) may provide child protective services and be entered into the statewide automated child welfare information system as a primary caseworker. A child protective services caseworker who has not completed the training required under par. (a) may only provide child protective services under the direction of a child protective services supervisor or experienced child protective services worker, and only be entered in the statewide automated child welfare information system as a secondary caseworker.

(d) An agency may deliver pre-service training through a format, other than through the web-based delivery method if the agency receives prior approval from the department. An agency may request approval from the department to offer pre-service training in an alternative format by submitting a written proposal to the department that includes all of the following:

The name, phone number, and electronic mail address for a contact person in the agency who is responsible for the delivery of child protective services pre-service training.
A description of the format chosen to deliver the pre-service training curriculum and how training meets requirement of department training.
The maximum number of participants that will be accommodated using the alternative format.
The time within which the caseworker must begin and complete pre-service training.

(2) Foundation training requirements.

(a) Except as specified in s. DCF 43.06 (2), within 2 years after the effective date of employment, each individual who is employed as a child protective services caseworker shall complete foundation training. Foundation training shall not exceed 15 training days. A training day consists of 6 hours of training.

(b) The employing agency shall enter, in the training section of the statewide automated child welfare system, the date on which each caseworker completes foundation training, or the date on which the employing agency exempts the caseworker from foundation training under s. DCF 43.06 (2) within 30 working days after training is completed, or within 5 working days after the exemption is granted.

(3) Inservice training requirements.

(a) Each child protective services caseworker shall complete at least 30 hours of in-service training in each 2 year period that begins on the nearest future reporting deadline for certified or licensed social workers under s. MPSW 19.02 that occurs after the caseworker has completed 2 years of employment as a child protective services caseworker. The 2 year period for a child protective services caseworker who is employed longer than 2 years as of February 1, 2008, shall begin on the nearest future reporting deadline for certified or licensed social workers under s. MPSW 19.02 that occurs on or after February 1, 2008.

(b) The employing agency shall enter, in the training section of the statewide automated child welfare system, the date the caseworker completes in-service training within 30 working days after the caseworker completes in-service training.

(c) A caseworker may not receive in-service training before receiving the pre-service training required under par. (a), unless the caseworker received an exemption from pre-service training from the employing agency under s. DCF 43.06 (1).

History

CR 06-081: cr. Register January 2008 No. 625, eff. 2-1-08; corrections in (1) (b), (2) and (3) (c) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register April 2011 No. 664; correction in (3) (a) made under s. 13.92 (4) (b) 7., Stats., Register February 2015 No. 710.

Wis. Admin. Code § DCF 43.05 Child protective services supervisor training {#sec-dcf-43.05 omnilex-key=us-wi-regs-official--agency-dcf--DCF 43.05}

(1) Pre-service training requirements.

(a) Unless granted an exemption under s. DCF 43.06 (1), each individual who is employed as a child protective services supervisor shall complete pre-service training under s. DCF 43.04 (1) (a) before providing direct supervision to a child protective services caseworker.

(b) Unless the child protective services supervisor has already been entered in the statewide automated child welfare system under s. DCF 43.04 (1) (b), the employing agency shall enter the date on which the supervisor completes pre-service training or the date on which the employing agency exempts the supervisor from pre-service training under s. DCF 43.06 (1) within 5 working days after the training is completed or the exemption is granted.

(2) Foundation training requirements.

(a) Unless granted an exemption under s. DCF 43.06 (2), each individual who is employed as a child protective services supervisor shall complete foundation training under s. DCF 43.04 (2) (a), within 12 months after the effective date of the individual’s employment as a child protective services supervisor.

(b) Unless the child protective services supervisor has already been entered in the statewide automated child welfare system under s. DCF 43.04 (1) (b), the employing agency shall enter the date on which the supervisor completes foundation training or the date on which the employing agency exempts the supervisor from foundation training under s. DCF 43.06 (1) within 5 working days after the training is completed or the exemption is granted.

(3) Inservice training requirements. Each child protective services supervisor shall complete at least 30 hours of in-service training in each 2 year period that begins on the nearest future reporting deadline for certified or licensed social workers under s. MPSW 19.02 that occurs after the supervisor has completed 2 years of employment as a child protective services supervisor. The 2 year period, for a child protective services supervisor who is employed as a child protective service supervisor longer than 2 years as of February 1, 2008, shall begin on the nearest future reporting deadline for certified or licensed social workers under s. MPSW 19.02 that occurs on or after February 1, 2008.

History

CR 06-081: cr. Register January 2008 No. 625, eff. 2-1-08; corrections in (1) and (2) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; correction in (3) made under s. 13.92 (4) (b) 7., Stats., Register February 2015 No. 710.

Wis. Admin. Code § DCF 43.06 Training exemptions; child protective services caseworkers and supervisors {#sec-dcf-43.06 omnilex-key=us-wi-regs-official--agency-dcf--DCF 43.06}

(1) Pre-service training. At the discretion of the employing agency, the employing agency may exempt a child protective services caseworker or supervisor from pre-service training for any one of the following reasons:

(a) The caseworker or supervisor received pre-service training through employment at another agency as a child protective services caseworker or supervisor and the caseworker or supervisor provides the employing agency with documentation of that training or the employing agency can verify, from the statewide automated child welfare information system, or from other documentation, that the caseworker or supervisor received pre-service training, or an exemption from pre-service training. If the employing agency verifies pre-service training other than through the statewide automated child welfare information system, the employing agency shall ensure that documentation, including the criteria used to make the determination, to support its determination to exempt the caseworker or supervisor under this paragraph from pre-service training is maintained and readily available to the department.

(b) The caseworker or supervisor began employment as a child protective services caseworker before February 1, 2008 and the caseworker or supervisor provides the employing agency with documentation of training, work experience, or any combination thereof, that is equivalent to pre-service training. The employing agency shall determine whether the training, work experience, or a combination of training and work experience, is equivalent to pre-service training and ensure that documentation, including the criteria used to make the determination, to support its determination to exempt the caseworker or supervisor under this paragraph is maintained and readily available to the department.

(c) The caseworker or supervisor received a bachelor’s degree in social work or a master’s level social work degree from a council on social work education-accredited program that is approved by the department as having curriculum content that is equivalent to pre-service training. The employing agency shall determine whether the caseworker’s or supervisor’s undergraduate or graduate degree is from a council on social work education-accredited program and ensure that documentation to support its determination to exempt the caseworker or supervisor under this paragraph is maintained and readily available to the department.

Note: A council on social work education-accredited program can request department approval of its program by submitting a request to the department. For more information on how to request department approval of a program contact the department at 608-266-3036.

(2) Foundation training. At the discretion of the employing agency, a caseworker or supervisor may be exempt from foundation training for any one of following reasons:

(a) The caseworker or supervisor began employment as a child protective services caseworker before February 1, 2008 and provides the employing agency with documentation of training, work experience, or any combination thereof, that is equivalent to foundation training. The employing agency shall determine whether the training, work experience, or a combination of training and work experience, is equivalent to foundation training and ensure that documentation, including the criteria used to make the determination, to support its determination to exempt the caseworker or supervisor under this paragraph is maintained and readily available to the department.

(b) The caseworker or supervisor has completed caseworker core training or supervisor core training and the caseworker or supervisor provides the employing agency with documentation of having completed that training. The employing agency shall determine whether the caseworker or supervisor has completed caseworker core training or supervisor core training and ensure that documentation, including the criteria used to make the determination, to support its determination to exempt the caseworker or supervisor under this paragraph is maintained and readily available to the department.

(3) Inservice training. A caseworker or supervisor may not be exempt from in-service training.

History

CR 06-081: cr. Register January 2008 No. 625, eff. 2-1-08.

Wis. Admin. Code § DCF 43.07 Monitoring of compliance with the child protective service training requirements {#sec-dcf-43.07 omnilex-key=us-wi-regs-official--agency-dcf--DCF 43.07}

The employing agency shall enter the effective date of employment of each child protective services caseworker and supervisor in the training section of the statewide automated child welfare system within 5 working days after the caseworker or supervisor’s effective date of employment. If the individual is an existing employee on February 1, 2008, the employing agency shall enter the individual’s effective date of employment with the agency within 30 working days after February 1, 2008.

History

CR 06-081: cr. Register January 2008 No. 625, eff. 2-1-08.

Wis. Admin. Code § DCF 43.08 Agency initiated training {#sec-dcf-43.08 omnilex-key=us-wi-regs-official--agency-dcf--DCF 43.08}

Nothing in this chapter prevents an employing agency from requiring a child protective services caseworker or supervisor to complete training that is in addition to the training required under this chapter.

History

CR 06-081: cr. Register January 2008 No. 625, eff. 2-1-08.

Chapter DCF 49 STATE ADOPTION INFORMATION CENTER

Wis. Admin. Code § DCF 49.01 Authority and purpose {#sec-dcf-49.01 omnilex-key=us-wi-regs-official--agency-dcf--DCF 49.01}

These rules are promulgated under the authority of s. 48.55 (2), Stats., to specify functions of a state adoption information center which is established pursuant to s. 48.55, Stats., to increase public knowledge of adoption and to bring to the attention of adolescents and pregnant women the availability of adoption services.

History

Cr. Register, May, 1992, No. 437, eff. 6-1-92; corrections made under s. 13.93 (2m) (b) 7., Stats. Register December 2004 No. 588.

Wis. Admin. Code § DCF 49.02 Applicability {#sec-dcf-49.02 omnilex-key=us-wi-regs-official--agency-dcf--DCF 49.02}

This chapter applies to the department and to any individual or private agency operating the state adoption information center under contract with the department.

History

Cr. Register, May, 1992, No. 437, eff. 6-1-92.

Wis. Admin. Code § DCF 49.03 Definitions {#sec-dcf-49.03 omnilex-key=us-wi-regs-official--agency-dcf--DCF 49.03}

In this chapter:

(1) “Center” means the state adoption information center established by the department pursuant to s. 48.55, Stats.

(2) “Department” means the Wisconsin department of children and families.

History

Cr. Register, May, 1992, No. 437, eff. 6-1-92; correction in (1) made under s. 13.93 (2m) (b) 7., Stats. Register December 2004 No. 588; correction in (2) made under s. 13.92 (4) (b) 6., Stats., Register November 2008 No. 635.

Wis. Admin. Code § DCF 49.04 Establishment and operation of the center {#sec-dcf-49.04 omnilex-key=us-wi-regs-official--agency-dcf--DCF 49.04}

The department shall establish an adoption information center and shall operate the center or contract with a private individual or agency to operate the center.

History

Cr. Register, May, 1992, No. 437, eff. 6-1-92.

Wis. Admin. Code § DCF 49.05 Center functions {#sec-dcf-49.05 omnilex-key=us-wi-regs-official--agency-dcf--DCF 49.05}

The adoption information center shall carry out the following functions:

(1) Operate a toll-free telephone line to provide information and referral services, as follows:

(a) Provide coverage 24 hours a day by staff, trained volunteers, an answering service or an answering machine. When the center is operated under contract, the department shall specify in the contract an average number of hours a week that the toll-free line is to be answered by staff or trained volunteers;

(b) Respond within 2 working days to all requests for information or referral left with an answering machine or answering service. If center staff are unable to reach the caller within that period of time, they shall document attempts to reach the caller; and

(c) Recruit and train volunteers to provide telephone coverage. Ensure that each staff person or volunteer taking a toll-free call or responding to an inquiry is knowledgeable about adoption law, services and procedures and is capable of providing a helpful nonjudgmental response to a variety of issues raised by a caller;

(2) Refer expectant birthparents or their representatives who contact the center to a designated contact person in the county social services or human services department in that county or to a licensed adoption agency;

(3) Make available to inquirers a list of public adoption agencies and licensed private adoption agencies in Wisconsin with brief descriptions of their services. As appropriate to an inquirer’s request, the center may distribute promotional material supplied to it by these agencies;

(4) Maintain current information on adoption services and related services, which shall include:

(a) Statistical information on the number and types of adoptions occurring in Wisconsin;

(b) Accurate information on Wisconsin adoption laws;

(d) For each county, the name of a contact person who will, on request, arrange for local public agency support services for an adolescent or adult experiencing a problem pregnancy or considering options to parenting;

(5) Publish a directory of post-adoption services and support organizations available to assist birthparents who release their child for adoption;

(6) Seek out and provide training to persons who provide counseling to adolescents, including school counselors, county child welfare workers and family planning clinic employees, and to other helping professionals to develop an understanding that adoption is an option for an adolescent or an adult experiencing a problem pregnancy or considering options to parenting, to make people aware of the center’s toll free telephone service and to convey information about the variety of adoption-related services available in the state. The training shall include discussion of independent and agency adoption practices, the range of opportunities for contact between the birth parent and the adoptive parent and between the birth parent and the adopted person, adoption information search, and termination of parental rights (TPR) proceedings;

(7) Offer to make presentations on the services of the center and on the adoption option at Wisconsin professional association and statewide and community organization meetings;

(8) Develop publicity to inform Wisconsin adolescents about adoption and to promote the positive benefits of adoption;

(9) Offer to make presentations to youth and young adult groups and assemblies to inform youth and young adults about adoption procedures and related services;

(10) Disseminate information widely, including through the communications media, to make the public aware of the toll-free telephone number and services of the center; and

(11) Work with local counseling, social service, education, health care and other service providers to promote adoption as an option for adolescents and adults with problem pregnancies or who are considering options to parenting and increase public knowledge of adoption procedures and appreciation for adoptions.

History

Cr. Register, May, 1992, No. 437, eff. 6-1-92.

Wis. Admin. Code § DCF 49.06 Administration {#sec-dcf-49.06 omnilex-key=us-wi-regs-official--agency-dcf--DCF 49.06}

(1) Advisory board. If the center is not operated by the department, the center director shall appoint a board of volunteers to advise him or her in regard to the focus of center activities, response to department evaluations, and new or controversial program concerns.

(2) Records and reports.

(a) For each call received at the toll-free telephone number, the center shall maintain a record of the type of call, referrals provided and follow-up actions taken by center staff.

(b) The center shall prepare quarterly summary reports of all inquiries received as well as of other activities of the center, and, if the center is not operated by the department, shall submit these to the department for planning and evaluation purposes by the dates specified in the contract.

(3) Services needs. The center on an ongoing basis shall identify adoption service gaps at the local and state levels and bring these to the attention of local adoption services agencies and social services agencies and, if the center is not operated by the department, to the attention of the department.

(4) Acceptance of volunteer services and contributions. The center may seek volunteer services and contributions, provided that these do not conflict with the purpose or functions of the center or promote for-profit enterprises.

(5) Obtaining department approval and keeping the department informed. If the center is not operated by the department, the center shall obtain written approval from the department for all written press releases and publications and for visual media products.

(6) Contract requirements. If the center is being operated under contract with the department, the contract shall be an annual contract which shall include:

(a) Annual objectives for the center;

(b) An annual budget for the center; and

(7) Contract responsibility. If the center is being operated under contract with the department, the center director shall:

(a) Meet with the department’s contract administrator at least monthly for the first 3 months of the center’s contract to report on progress and confer on any problems in carrying out the terms of the contract and shall meet with the department’s contract administrator bimonthly for the next 6 months, and quarterly after that. At the meetings the center director shall present a written report of progress on the contract and other activities, review activities planned for the next quarter and assess the long range plans for the center and the effectiveness of the center’s activities;

(b) Prepare an annual report on the center’s activities and an assessment of the center’s effectiveness in meeting the annual objectives for the center agreed upon in the contract with the department and any other information requested by the department. The report shall be completed and submitted to the department within 30 days after the end of the state fiscal year; and

(c) Provide for an ongoing evaluation of the impact of the center’s activities to determine the usefulness and effectiveness of its services to professionals. The ongoing evaluation shall be based on the plan submitted by the center and approved by the department under sub. (6) (c).

History

Cr. Register, May, 1992, No. 437, eff. 6-1-92.

Chapter DCF 50 FACILITATING PUBLIC ADOPTIONS AND ADOPTION ASSISTANCE

Wis. Admin. Code § DCF 50.01 Authority and purpose {#sec-dcf-50.01 omnilex-key=us-wi-regs-official--agency-dcf--DCF 50.01}

(1) Facilitating public adoptions. Sections DCF 50.02 to 50.08 are promulgated under the authority of ss. 48.48 (1), (2), and (8), 48.55 (2), 48.88 (2), and 227.11 (2), Stats., to facilitate public adoptions by doing all of the following:

(a) Establishing criteria and procedures for determining if prospective adoptive parents are qualified to adopt a child who is under the guardianship of a public adoption agency in this state.

(b) Connecting children who are legally free for public adoption and children who are at legal risk with qualified prospective adoptive parents through a state adoption information exchange.

(2) Adoption assistance. Sections DCF 50.02 and 50.09 to 50.17 are promulgated under the authority of s. 48.975, Stats., to specify criteria and procedures necessary to implement the adoption assistance program, under which the department makes payments to adoptive or proposed adoptive parents of an eligible child with special needs when the department determines such assistance is necessary to assure the child’s adoption.

History

CR 18-001: cr. Register August 2018 No. 752, eff. 9-1-18; correction in (1) (intro.) under s. 35.17, Stats., Register August 2018 No. 752.

Wis. Admin. Code § DCF 50.02 Definitions {#sec-dcf-50.02 omnilex-key=us-wi-regs-official--agency-dcf--DCF 50.02}

In this chapter:

(1) “Adoption” means a process provided by law to establish the legal relationship of parent and child between persons who do not have that relationship by birth, with the same mutual rights, obligations, and legal consequences that exist between the child and the child’s biological parents.

(2) “Adoption agency” means a public or private adoption agency that is licensed to accept guardianship and to place children under its guardianship for adoption, to license and maintain foster homes for the purpose of placing children for adoption, or both.

(3) “Adoption assistance” means payments by the department to the adoptive or proposed adoptive parents of a child that are designed to assist in the cost of care of that child after an agreement under s. 48.975 (4), Stats., has been signed and the child has been placed for adoption with the adoptive or proposed adoptive parents. “Adoption assistance” may include monthly payments by the department under s. 48.975 (3) (a), Stats.; medical assistance under Title XIX of the Social Security Act of 1935, as amended, as provided under s. 48.975 (3) (b), Stats.; or reimbursement of nonrecurring adoption expenses as provided under s. 48.975 (3) (c), Stats.

(4) “Adoption information exchange” means a department program created to facilitate the adoption of children who are legally free for public adoption by promoting public adoptions and connecting children who are legally free for public adoption and children who are at legal risk with qualified prospective adoptive parents.

(5) “Bureau director” means the director of the division’s bureau of permanence and out-of-home care.

(6) “Child” means a person under 18 years of age.

Note: An adoptee who is 18 years of age or over, but under 21 years of age, may be eligible for adoption assistance under s. DCF 50.15 (3).

(7) “County department” means a county department of social services under s. 46.22, Stats.; a county department of human services under s. 46.23, Stats.; or, in a county having a population of 750,000 or more, the department.

(8) “Department” means the department of children and families.

(9) “Division” means the department’s division of safety and permanence.

(10) “Division of hearings and appeals” means the division of hearings and appeals in the department of administration.

(11) “Final substantiated finding” means all of the following:

(b) A determination made before January 1, 2015, that a person has abused or neglected a child under s. 48.981 (3) (c) 4., Stats., if the determination has not been reversed or modified on appeal.

(12) “Foster home” has the meaning given in s. 48.02 (6), Stats.

(12m) “Group home” has the meaning given in s. 48.02 (7), Stats.

(13) “Home study” means an investigation to determine whether the prospective adoptive parents’ home is suitable for placement of a child for the purpose of a public adoption.

(14) “Indian child” has the meaning given in s. 48.02 (8g), Stats.

(15) “Legal risk” means the status of a child who has a permanency plan that includes adoption when the parental rights of one or both of the child’s parents have not been not been terminated under the laws of a state or tribe or when a court order terminating parental rights is being appealed.

(16) “Legally free for public adoption” means the status of a child when the legal rights of the child’s parents have been severed through death or a termination of parental rights under ss. 48.40 to 48.437, Stats., the laws of another state, or the laws of a tribe in this state, and the court has transferred guardianship and custody of the child to a public adoption agency pending adoptive placement.

(16m) “Like-kin” has the meaning given in s. 48.02 (12c), Stats.

(17) “Nurse practitioner” has the same meaning as “advanced practice nurse” under s. N 8.02 (1).

(18) “Out−of−home care” means when a child is under the placement and care responsibility of the department or a county department in a foster home, group home, residential care center for children and youth, shelter care facility, in the home of a relative other than a parent, in the home of like-kin, in the home of a person not a relative or like-kin, or in a court-ordered supervised independent living arrangement.

(19) “Permanency plan” means a plan required under s. 48.38 (2), Stats., that is designed to ensure that a child is safely reunified with the child’s family whenever appropriate, or that the child quickly attains a safe placement or home providing long-term stability.

(20) “Photolisting” means publication of photos and descriptions of children who are or may be available for public adoption to assist prospective adoptive parents identify a child to adopt.

(21) “Physician” has the same meaning as in s. 448.01 (5), Stats.

(22) “Physician assistant” has the same meaning as in s. 448.971 (2), Stats.

(23) “Private adoption agency” means a child welfare agency with the powers and duties of an adoption agency under ss. 48.60 and 48.61 (5) and (7), Stats., or a comparable agency authorized under the laws of another state.

(24) “Proposed adoptive parents” means an individual or married couple that an adoption agency has identified as the prospective adoptive parents for a specific child.

(25) “Prospective adoptive parents” means an individual or married couple that is going through the process to become adoptive parents.

(26) “Public adoption” means the adoption of a child under the guardianship of the department, a county department, or a tribal child welfare department in this state if the adoption is under the laws of this state.

(27) “Public adoption agency” means the department, a county department, or a tribal child welfare department in this state.

(28) “Relative” has the meaning given in s. 48.02 (15), Stats., except that it does not include a parent.

(28g) “Residential care center for children and youth” has the meaning given in s. 48.02 (15d), Stats.

(28r) “Shelter care facility” has the meaning given in s. 48.02 (17), Stats.

(29) “Supplemental payment” means the portion of a monthly adoption assistance payment that is based on a child’s identified needs.

History

CR 18-001: cr. Register August 2018 No. 752, eff. 9-1-18; numbering correction in (24), (25) under s. 13.92 (4) (b) 1., Stats., Register August 2018 No. 752; CR 21-107: am. (11) (b) Register June 2022 No. 798, eff. 7-1-22; correction in (22) made under s. 13.92 (4) (b) 7., Stats., Register January 2023 No. 805; EmR2420: emerg. r. and recr. (12), cr. (12m), (16m), r. and recr. (18), am. (28), cr. (28g), (28r), eff. 1-1-25; CR 25-009: r. and recr. (12), cr. (12m), (16m), r. and recr. (18), am. (28), cr. (28g), (28r) Register August 2025 No. 836, eff. 9-1-25.

Wis. Admin. Code § DCF 50.03 Need for adoptive parents {#sec-dcf-50.03 omnilex-key=us-wi-regs-official--agency-dcf--DCF 50.03}

(1) Assessment. The department shall periodically determine the need to recruit prospective adoptive parents considering a public adoption by reviewing all of the following:

(a) Children who need or may need adoptive parents.

The number of children for whom any of the following conditions are met:

a. The children are legally free for public adoption and do not have proposed adoptive parents.

b. The children are at legal risk and do not have proposed adoptive parents.

The characteristics of the children who meet the conditions under subd. 1., including the children’s ages, race, ethnicity, sibling status, and level of special needs.

(b) Prospective adoptive parents.

The number of prospective adoptive parents whose home study has been approved for a public adoption that are searching for a child to adopt.
The characteristics of the prospective adoptive parents and the characteristics of the children these prospective adoptive parents are willing to adopt.

(2) Information for recruitment. After each assessment under sub. (1), the department shall provide updated information to the adoption information exchange, public adoption agencies, and persons making inquiries on the types of prospective adoptive parents considering a public adoption that are most needed for children who meet the conditions under sub. (1) (a) 1.

History

CR 18-001: cr. Register August 2018 No. 752, eff. 9-1-18.

Wis. Admin. Code § DCF 50.04 Screening for public adoption {#sec-dcf-50.04 omnilex-key=us-wi-regs-official--agency-dcf--DCF 50.04}

(1) Informational meetings.

(a) The department shall offer informational meetings for prospective adoptive parents considering a public adoption.

(b) The meetings shall include information on all of the following:

Adoption procedures and resources.
The general characteristics of children who need or may need adoptive parents under s. DCF 50.03 (1) (a).
The type of prospective adoptive parents that are most needed based on the most recent assessment under s. DCF 50.03.

(2) Screening form.

(a) The department shall provide a screening form to the prospective adoptive parents at the informational meeting.

(b) Prospective adoptive parents may only obtain a screening form at an informational meeting.

(3) Screening criteria. The department may limit the total number of prospective adoptive parents selected for an adoption home study and shall screen prospective adoptive parents based on the following criteria:

(a) The home study of the prospective adoptive parents is likely to be approved.

(b) The prospective adoptive parents would be a good match for the type of children who are legally free for public adoption or are at legal risk.

(d) Preference may be given to the following types of prospective adoptive parents:

Prospective adoptive parents with greater interest or experience in caring for children with special needs, including particular types of special needs, particular levels of special needs, or multiple types of special needs.
Prospective adoptive parents that will accept sibling groups for placement and encourage and support sibling contact when siblings must be separated.

(4) Additional information. The department may obtain additional information needed to make a screening decision by requesting additional written information or by conducting a screening interview.

(5) Screening determination.

(a) Deadline for determination. The department shall determine whether prospective adoptive parents meet the screening criteria in sub. (3) within 30 days after receiving all requested information under sub. (4).

(b) Approval. The department shall send an application for a home study to prospective adoptive parents that meet the screening criteria in sub. (3).

(c) Denial. The department shall send a written notice of denial to prospective adoptive parents that do not meet the screening criteria under sub. (3). The notice shall specify the reasons for the denial and include information on appeal rights under s. DCF 50.06.

History

CR 18-001: cr. Register August 2018 No. 752, eff. 9-1-18; correction in numbering in (3) made under s. 13.92 (4) (b) 1., Stats., Register August 2018 No. 752.

Wis. Admin. Code § DCF 50.05 Home study for public adoption {#sec-dcf-50.05 omnilex-key=us-wi-regs-official--agency-dcf--DCF 50.05}

(1) Definition. In this section “applicant” means prospective adoptive parents who apply for a home study under this section and are any of the following:

(a) An adult married couple who live together, have been married for at least one year on the date of application, and are applying for a home study jointly.

(b) An unmarried adult individual.

(2) Eligible to apply. Prospective adoptive parents may apply for a home study if any of the following conditions are met:

(a) Approved. The prospective adoptive parents completed the screening process in s. DCF 50.04, and the department determined that the prospective adoptive parents meet the screening criteria.

(b) Exempt. The prospective adoptive parents are not required to complete the screening process in s. DCF 50.04 because the prospective adoptive parents are any of the following:

Adult relatives of a child who is legally free for public adoption or a child who is at legal risk if the department determines that the child needs an adoptive placement.
Prospective adoptive parents that are seeking to adopt a child who is already placed in the prospective adoptive parents’ home.
Upon the request of a tribal child welfare department and at the discretion of the department, prospective adoptive parents that are seeking to adopt an Indian child.

(c) Expedited. The bureau director or a designee waived the screening process in s. DCF 50.04 and authorized the prospective adoptive parents to apply for a home study based on documentation that the prospective adoptive parents are expected to be the most suitable placement resource for a child who is legally free for public adoption or a child who is at legal risk.

(3) Application deadline. The public adoption agency may deny an application for a home study that is submitted more than 60 days after the prospective adoptive parents received the application.

(4) Incomplete application. The public adoption agency shall return an incomplete application to the applicant with a request for further information to complete the application. The public adoption agency may deny the application if the application is not complete within 60 days after the date on the notice from the public adoption agency requesting more information.

(5) Potential conflict of interest. A public adoption agency may not conduct a home study on an employee or a relative of an employee of the public adoption agency if the employee works in the area of the public adoption agency that issues foster home licenses or approves home studies.

(6) Elements of a home study. A home study of an applicant for a public adoption shall include all of the following:

(a) The use of all components of a standardized assessment tool prescribed by the department to assist in determining approval of a placement for adoption and issuance of a license to operate a foster home. Completion shall include dates and signatures where specified by the tool. If the applicant is licensed as a foster parent using the standardized assessment tool, use of the tool as necessary to update and supplement the assessment for the purpose of adoption and for the particular child if the approval is child specific.

Note: The standardized assessment tool prescribed by the department is the Structured Analysis Family Evaluation (SAFE) tool. Contact the department’s Division of Safety and Permanence for further information at P.O. Box 8916, Madison, WI 53708-8916.

(b) An assessment of current and potential parenting skills.

(d) An assessment of level of knowledge and awareness of adoption issues, including, if appropriate, matters relating to interracial, cross-cultural, and special needs adoptions.

(e) The evaluation of 3 written or verbal references.

(f) Verification of birth records for all individuals in the applicant’s household and verification of marriage, divorce, and naturalization records for the applicant, if applicable.

(g) Verification of compliance with background check requirements in s. 48.685, Stats., and s. DCF 56.055.

(h) The evaluation of a written statement from a physician, physician assistant, or nurse practitioner that indicates any physical or mental conditions of the applicant or any household member that may affect the ability of the applicant to provide care for a child or threaten the health or safety of a child. The statement shall be based upon a medical examination performed within the 6 months prior to the submission of the application. The public adoption agency may require any of the following:

An additional physical, mental health, or alcohol or drug abuse evaluation of the applicant or any other household member.
Authorization for the release of records relating to any physical, mental health, or alcohol or drug abuse evaluation or treatment regarding the applicant or any other household member.

(7) Qualifications for a home study approval. In determining whether an applicant’s home is suitable for placement of a child for the purpose of a public adoption, the public adoption agency shall consider s. 48.88, Stats., and all of the following:

(a) The applicant shall be motivated and able to meet the child’s needs, emotionally mature with healthy interpersonal relationships, in good physical and mental health, and able to adequately support and parent the child in a healthy and emotionally secure environment.

(b) The applicant shall have the capacity to accept and incorporate into the applicant’s family a child born to other parents and to assist the child in understanding the child’s genetic background and adoption.

(c) The applicant shall meet the requirements for a license to operate a foster home with a certification of Level 2 or above under ch. DCF 56.

(d) The number of individuals receiving care in the applicant’s home may not exceed 8 persons.

(e) The applicant shall demonstrate commitment and efforts to support any biological or adopted children, including any children who are in out-of-home care or in a state treatment facility under s. 51.01 (15), Stats.

(f) The applicant may not have had parental rights to a child terminated under the laws of a state or tribe.

(g) The applicant shall be a resident of this state.

(8) Exceptions.

(a) A public adoption agency may approve a home study for a public adoption for an applicant that does not meet a qualification in sub. (7) that is a nonstatutory requirement. If the public adoption agency approves such a home study, the agency shall include in the home study an explanation of how the exception to the qualification will not jeopardize the health, safety, or welfare of the child or other children in the home. If the home study is for a specific child’s adoption, the home study shall also include an explanation of why approving the home study is in the child’s best interest.

(b) For a department home study, an applicant may request an exception to a nonstatutory requirement in sub. (7) that the applicant does not meet. The request shall be submitted to the department on a form prescribed by the department. The bureau director or a designee may grant an exception to a requirement in sub. (7) if the exception will not jeopardize the health, safety, or welfare of the child or other children in the home and, for a child-specific home study, if approving the home study is in the child’s best interest.

Note: DCF-F-5227, Exceptions Form for Home Study Qualifications, is available in forms section of the department’s website, http://dcf.wisconsin.gov, or by writing the Division of Safety and Permanence, at P.O. Box 8916, Madison, WI 53708-8916.

(9) Decision.

(a) Deadline. The public adoption agency shall issue a written decision on a home study for a public adoption within 6 months after receiving a completed application.

(b) Deferral. Notwithstanding par. (a), the public adoption agency may defer a decision if the applicant fails to meet the qualifications in sub. (7) for a reason that is expected to be temporary. The public adoption agency shall issue a written notice that states the reason for the deferral and the date by which the qualifications must be met. A deferral of a decision shall toll the deadline in par. (a).

(c) Approval. The public adoption agency shall approve the applicant’s home study and determine that the applicant’s home is suitable for placement of a child for the purpose of adoption if the applicant meets all of the qualifications in sub. (7) or received an exception under sub. (8) to any qualification not met.

(d) Denial.

The public adoption agency shall deny the applicant’s home study and determine that the applicant’s home is not suitable for placement of a child for the purpose of adoption if the applicant does not meet the qualifications in sub. (7), unless an exception under sub. (8) is granted for any qualification not met.
The public adoption agency may deny the applicant’s home study if any of the following applies:

a. The applicant provided false information to the public adoption agency.

b. The public adoption agency has reason to believe that the applicant intends to use the home study decision to meet the requirements for an adoption that would not be a public adoption.

A notice of denial shall include the reason for the denial. A notice of denial by the department shall include a summary of appeal rights under s. DCF 50.06.

(10) Post-approval notification requirements.

(a) Prospective adoptive parents whose home study has been approved for public adoption shall notify the public adoption agency immediately if any of the following changes occur:

Change of household members, including death, a foster care placement, an adoptive placement, or a change in residence for a member of the household.
Change in residence.
Change in marital status.
Significant changes in health, income, or child care arrangements.
Any of the changes specified in the background check notification requirements in s. DCF 56.06 (4) for any household member.
If the prospective adoptive parents have a foster child placed in the home, any of the serious incidents specified in the notification requirements in s. DCF 56.06 (2) and (3).

(b) The public adoption agency shall consider any updated information and may revise the home study findings. Prospective adoptive parents shall be notified of any change in the findings and the reasons for the change.

(11) Updating. Every 6 months, the public adoption agency shall contact prospective adoptive parents who are waiting for placement of a child for the purpose of adoption to request updated information and revise the home study as appropriate.

History

CR 18-001: cr. Register August 2018 No. 752, eff. 9-1-18; correction in numbering in (2) (b) made under s. 13.92 (4) (b) 1., Stats., and correction in (7) (a), (9) (d) 2. made under s. 35.17, Stats., Register August 2018 No. 752; CR 25-043: am. (10) (a) 5., 6. Register November 2025 No. 839. eff. 12-1-25.

Wis. Admin. Code § DCF 50.06 Appeal of screening and home study denials {#sec-dcf-50.06 omnilex-key=us-wi-regs-official--agency-dcf--DCF 50.06}

(1) An individual who received a screening denial under s. DCF 50.04 (5) (c) or a home study denial under s. DCF 50.05 (9) (d) may send a written request for review by the bureau director or a designee within 30 days after the date of the notice of denial. No new information may be submitted. The bureau director shall make a determination and send a notice of decision within 30 days after receiving the request.

Note: Send a written request for a review to Director, Bureau of Permanence and Out-of-Home Care, P.O. Box 8916, Madison, WI 53708-8916.

(2) If the bureau director or designee upholds the screening or home study denial, the individual may send a written request for review to the division administrator within 30 days after the date of the notice of decision by the bureau director. The division administrator or a designee shall make a determination and send a notice of decision within 30 days after receiving the request. A finding by the division administrator or designee is final.

Note: Send a written request for a review by the division administrator to Administrator, Division of Safety and Permanence, P.O. Box 8916, Madison, WI 53708-8916.

History

CR 18-001: cr. Register August 2018 No. 752, eff. 9-1-18.

Wis. Admin. Code § DCF 50.07 Adoption information exchange {#sec-dcf-50.07 omnilex-key=us-wi-regs-official--agency-dcf--DCF 50.07}

(1) Services. The department shall establish or contract with an entity with expertise in adoption issues to establish an adoption information exchange that includes all of the following services:

(a) An Internet-based photolisting of children who are legally free for public adoption and children who are at legal risk.

(b) A register of prospective adoptive parents that meets all of the following conditions:

The register includes only prospective adoptive parents whose home study was approved by an adoption agency and was submitted to the adoption information exchange by the approving adoption agency.
The department has reviewed the home study of any prospective adoptive parents whose home study was approved by an adoption agency other than the department and determined that including the prospective adoptive parents on the register is appropriate.
The adoption information exchange removes a registration if any of the following conditions are met:

a. The individual’s or couple’s adoption agency notifies the adoption information exchange that the individual or couple is no longer interested in adopting a child.

b. The individual or couple listed on the register is not responding to inquiries from the adoption information exchange.

(c) A matching service that attempts to match children listed in the adoption photolisting under par. (a) and the prospective adoptive parents registered with the adoption information exchange under par. (b) by providing information about registered prospective adoptive parents to public adoption agencies with photolisted children.

(d) A public relations campaign that promotes public adoptions, provides information to the public, and increases public awareness of adoption and services available from the adoption information exchange by developing and distributing informational materials for the media, professional organizations, community support agencies, and the public.

(2) Photolisting. All of the following conditions apply to the Internet-based photolisting under sub. (1) (a):

(a) Children who are legally free for public adoption. The adoption information exchange shall photolist all children who are legally free for public adoption and do not have proposed adoptive parents, except those not submitted to the adoption information exchange under par. (d).

(b) Children who are at legal risk. The adoption information exchange may photolist children who are at legal risk if any of the following applies:

The court has authorized photolisting.
Written consent has been given by all of the following:

a. The child’s placing agency or adoption agency.

b. The child’s parent or guardian.

A child age 14 or over has given written consent.

The adoption information exchange may photolist a child with an out-of-state exchange and may use the resources of the out-of-state exchange for the child with written permission from the child’s guardian and the child’s placing agency and, if the child is age 14 or over, the child.
The child photolisted under subd. 1. may be a child who is legally free for public adoption or a child who is at legal risk.

(d) Deferral.

If a child is legally free for public adoption, a public adoption agency may defer submitting the information required for a photolisting of the child to the adoption information exchange if any of the following circumstances applies:

a. The child is in an adoptive placement pursuant to a written placement agreement.

b. The child’s foster parent or another individual is considering adoption of the child.

c. The child is 14 years of age or older and does not consent to photolisting.

d. The child is under the guardianship of a tribal child welfare department.

A deferral is valid until the reason for the deferral no longer exists.

(e) Child information. A photolisting shall include a photo and information about a child relevant to matching the child to prospective adoptive parents.

(f) Updating. The adoption information exchange shall keep the photolisting current by doing all of the following:

Reviewing and updating a child’s photograph and information every 6 months.
Updating information about a child as it is received from the child’s placing agency.
Removing a child from the photolisting when the child no longer meets the requirements to be photolisted.

(g) Records. The adoption information exchange shall destroy all records relating to a child in a confidential manner within one year after the child’s photolisting is withdrawn or the child is adopted.

Note: Information for families interested in adoption, including the photolisting of Wisconsin children waiting for adoption, is at http://wiadopt.org.

History

CR 18-001: cr. Register August 2018 No. 752, eff. 9-1-18; correction in (2) (b) (intro.), (d) (1) (intro.) made under s. 35.17, Stats., Register August 2018 No. 752.

Wis. Admin. Code § DCF 50.08 Placement for the purpose of a public adoption {#sec-dcf-50.08 omnilex-key=us-wi-regs-official--agency-dcf--DCF 50.08}

(1) Best interest of the child.

(a) The public adoption agency that is responsible for placing a child for adoption or, if the child is at legal risk, the placing agency, shall determine if placement with specific prospective adoptive parents whose home study has been approved is in the best interest of the child.

(b) A public adoption agency shall consider the availability of a placement for adoption with a relative of the child who is identified in the child’s permanency plan or is otherwise known to the public adoption agency, as required under s. 48.834 (1), Stats.

(c) If a child has one or more siblings who have been adopted or have been placed for adoption, the public adoption agency shall make reasonable efforts to place the child with an adoptive parent or proposed adoptive parent of such a sibling who is identified in the child’s permanency plan or otherwise known to the public adoption agency, unless the public adoption agency determines that a joint placement would be contrary to the safety or well-being of the child or the sibling, as required under s. 48.834 (2), Stats.

(d) If the child is an Indian child, the public adoption agency shall comply with the order of placement preference under s. 48.028 (7), Stats., unless there is good cause as described in s. 48.028 (7) (e), Stats., for departing from that order.

(2) Removal from foster home. Before the adoption is final, an agency appointed as guardian of the child under s. 48.427 (3m) (a) 1. to 4., (am), or (b), Stats., may remove the child from the child’s placement under s. 48.437, Stats.

(3) Placement not guaranteed. Prospective adoptive parents whose home study has been approved are not guaranteed placement or continued placement of a child.

History

CR 18-001: cr. Register August 2018 No. 752, eff. 9-1-18.

Wis. Admin. Code § DCF 50.09 Eligibility for adoption assistance {#sec-dcf-50.09 omnilex-key=us-wi-regs-official--agency-dcf--DCF 50.09}

The department shall determine if all of the following conditions are met before entering into an agreement to provide adoption assistance for a child:

(1) Eligibility criteria for the child.

(a) Age. The child is under 18 years of age at the time of adoption.

(b) Special needs. The child has any of the following special needs at the time of the adoptive placement:

The child is 7 years of age or older if age is the only factor in determining eligibility.
The child is a member of a sibling group of 2 or more children that must be placed together.

a. For an adoption assistance agreement entered into before July 1, 2011, the child exhibits special need characteristics judged to be moderate or intensive under the schedule of difficulty-of-care levels specified in s. DCF 50.12 (3).

b. For an adoption assistance agreement entered into on or after July 1, 2011, the child has a total of 5 or more needs that have been identified as moderate or intensive in the areas listed in s. DCF 56.23 (2) (a) 1. a. to e. in the rate schedule under s. DCF 56.23 (2) (a).

The child belongs to a minority race and children of that minority race cannot be readily placed due to a lack of appropriate placement resources.
The child is an Indian child.
The child does not have a documented special need under subds. 1. to 5. but is a child at high risk of developing a moderate or intensive level of special needs described in subd. 3. based on any of the following:

a. Either or both of the child’s birth parents have a documented medical diagnosis or medical history that could result in a condition for the child described in subd. 3. at a later time.

b. The child’s birth mother received inappropriate prenatal care that could later result in the child developing special needs described in subd. 3., and the inappropriate care is documented in medical or hospital records.

c. The child’s birth mother used harmful drugs or alcohol during pregnancy that could later result in the child developing special needs described in subd. 3., and the birth mother’s use of the harmful drugs or alcohol during pregnancy is documented in medical, hospital, law enforcement, or court records; the records of a county department or the department; or the records of an agency under contract with a county department or the department to provide child welfare services.

d. The child has experienced 4 or more placements with extended family or in foster homes that could affect the normal attachment process.

e. The child experienced neglect in the first 3 years of life or sustained physical injury or physical disease that could have a long-term effect on physical, emotional, or intellectual development.

The child is under the guardianship of an adoption agency or in a subsidized guardianship under s. 48.623, Stats., if guardianship is transferred to a public or private adoption agency before the child is placed under s. 48.833, Stats.
The court, department, county department, tribal child welfare department, or the child’s adoption agency has determined that the child cannot or should not return to the child’s parents.

(d) Wisconsin responsibility.

‘Interstate adoptions.’ Adoption assistance may be provided for a child brought to Wisconsin for adoption from another state under ss. 48.98 and 48.99, Stats., if the public child welfare agency in the child’s previous state of residence does not have responsibility for placement and care of the child under applicable federal law regarding Title IV-E of the Social Security Act, as amended.
‘Intercountry adoptions.’

a. No adoption assistance may be provided for a child that was adopted outside of the United States or was brought to the United States for the purpose of being adopted.

b. Notwithstanding subd. 2. a., adoption assistance may be provided for an otherwise eligible child that is placed in out-of-home care subsequent to the failure, as determined by the department, of the initial adoption.

(2) Reasonable efforts to assure adoption.

(a) Documented search for suitable adoptive placement.

The adoption agency shall make reasonable efforts to place the child with the best available prospective adoptive parents without providing adoption assistance. The agency shall document the search efforts in the child’s record.
The adoption agency’s search efforts shall include consideration of a number of prospective adoptive parents, including all of the following:

a. Relatives of the child.

b. The adoptive parents of a sibling or the proposed adoptive parents of a sibling placed with the proposed adoptive parents as required under s. 48.834 (2), Stats.

c. A review of approved prospective adoptive parents associated with the adoption agency.

d. If the child is an Indian child, the order of placement preference under s. 48.028 (7) (a), Stats., unless there is good cause as described in s. 48.028 (7) (e), Stats., for departing from that order.

If 2 or more appropriate prospective adoptive parents are not available, the adoption agency shall make a timely effort to locate additional prospective adoptive parents by doing any of the following:

a. Contacting other adoption agencies.

b. Photolisting the child with the adoption information exchange.

c. Working through the adoption information exchange to photolist the child with a national adoption exchange.

(b) Disclosure. Once the adoption agency determines that placement with specific prospective adoptive parents would be the most suitable for the child, the agency shall give the identified prospective adoptive parents all relevant information about the child known to the agency, including information on any existing or potential special need described under sub. (1) (b) and a copy of the completed forms for the child that are required under ch. DCF 37.

(c) Adoption assistance necessary to assure adoption. If the child has a special need described under sub. (1) (b) and the requirements of this subsection are met, the adoption agency shall inform the identified prospective adoptive parents of the adoption assistance program and ask if they are willing to adopt the child without receiving adoption assistance. If the identified prospective adoptive parents are unwilling to adopt the child without receiving adoption assistance, the requirement of reasonable, but unsuccessful, efforts to place the child with appropriate adoptive parents without providing adoption assistance is met. A request for adoption assistance may not be a basis for removing a child from a current adoptive placement.

(d) Exceptions. The requirements of this subsection do not apply if any of the following conditions is met:

The child has developed significant emotional ties with the child’s foster family and all of the following conditions are met:

a. The child identifies as a member of the family.

b. The child’s foster parents, foster siblings, community, and school consider the child to be a member of that family.

c. If denied permanence with the foster family, the child has a diminished probability of forming new attachments due to the child’s attachment to the foster family and other factors, such as age and number of previous placements.

Proposed adoptive parents request adoption assistance for a child placed in the proposed adoptive parents’ home for adoption without adoption assistance if the child demonstrates a special need that meets the standard in sub. (1) (b) 3. before the adoption is finalized.

History

CR 18-001: cr. Register August 2018 No. 752, eff. 9-1-18; correction in (1) (b) 6. c., (2) (d) (intro.) made under s. 35.17, Stats., Register August 2018 No. 752; 2019 Wis. Act 92: am. (1) (b) 1., 2. Register February 2020 No. 770, eff. 3-1-20.

Wis. Admin. Code § DCF 50.10 Application for adoption assistance {#sec-dcf-50.10 omnilex-key=us-wi-regs-official--agency-dcf--DCF 50.10}

(1) Timing. An application for adoption assistance shall be completed on forms prescribed by the department and a written, signed agreement to provide adoption assistance shall be made prior to the adoption.

(2) Extenuating circumstances. Notwithstanding sub. (1), an application for adoption assistance may be accepted after an adoption order is entered under the conditions specified in s. DCF 50.17 (3).

Note: The application for adoption assistance for a public adoption is in the department’s automated child welfare system eWISACWIS. For a private domestic adoption or a tribal or customary adoption, the forms required to apply for adoption assistance are listed in a forms checklist. The forms checklist and all of the forms specified on the checklist are part of the application.

DCF-F-5259, Adoption Assistance Forms Checklist/Routing Instructions Private Domestic Adoptions.

DCF-F-5159, Adoption Assistance Forms Checklist/Routing Instructions Tribal or Customary Adoptions.

The forms are available in the forms section of the department website, http://dcf.wisconsin.gov, or by writing the Division of Safety and Permanence, at P.O. Box 8916, Madison, WI 53708-8916.

History

CR 18-001: cr. Register August 2018 No. 752, eff. 9-1-18; correction in numbering in (1) made under s. 13.92 (4) (b) 1., Stats., Register August 2018 No. 752.

Wis. Admin. Code § DCF 50.11 Amount of adoption assistance {#sec-dcf-50.11 omnilex-key=us-wi-regs-official--agency-dcf--DCF 50.11}

(1) Monthly adoption assistance payment.

(a) The amount of a monthly adoption assistance payment is as indicated in the initial adoption assistance agreement or in an amendment to the agreement signed by the adoptive parent and the department.

(b) In determining the amount of a monthly adoption assistance payment, each situation shall be considered individually based on the needs of the child and the circumstances of the family. A monthly payment may include any of the following:

A basic maintenance payment specified in s. 48.62 (4), Stats.
A supplemental payment based on the child’s difficulty-of-care levels or identified special needs specified in one of the following:

a. For an adoption assistance agreement entered into before July 1, 2011, the rate schedule under s. DCF 50.12.

b. For an adoption assistance agreement entered into on or after July 1, 2011, the rate schedule under s. DCF 56.23 (2) (a) if the child has needs that have been identified as moderate or intensive in the areas listed in s. DCF 56.23 (2) (a) 1. a. to e.

a. An exceptional payment determined under s. DCF 50.12 for an adoption assistance agreement entered into before July 1, 2011, except that an exceptional payment cannot be established or increased in an amendment to the adoption assistance agreement.

b. An exceptional payment determined under s. DCF 56.23 (3) for an adoption assistance agreement entered into on or after July 1, 2011, except that an exceptional payment cannot be established or increased in an amendment to the adoption assistance agreement.

(c) The rate in the initial adoption assistance agreement for a child at high risk of developing a moderate or intensive level of special needs under s. DCF 50.09 (1) (b) 6. is $0. The rate may be adjusted in an amendment to the agreement under s. DCF 50.14.

(d) The effective date for a rate increase in an amendment is the first day of the month that the department received the request to amend the adoption assistance agreement, except that no increase shall be made prior to 12 months after a previous rate increase.

(e) The effective date for a rate decrease in an amendment is the first day of the month following the month that the amended agreement expires.

(f) The effective date for the termination of adoption assistance for any reason shall be the last day of the month that eligibility for benefits ends.

(2) Medical assistance.

(a) Medical assistance under title XIX of the Social Security Act of 1935, as amended, will be provided for the adoptee in accordance with the procedures of the state in which the adoptee resides, except if an adoptee receiving Wisconsin adoption assistance moves out of the state and is not eligible in the new state of residence, the adoptee is eligible for Wisconsin’s medical assistance under ss. 49.43 to 49.498, Stats.

(b) Adoptive parents shall complete a form prescribed by the department of health services to provide information on any private health insurance.

Note: Form HCF-10115, BadgerCare Plus/Medicaid Health Insurance Information, is available in the forms section of the Department of Health Services website, http://www.dhs.wisconsin.gov, or from the Division of Medicaid Services, P.O. Box 309 Madison, WI 53701-0309.

(3) Nonrecurring adoption expenses.

(a) In this subsection, “nonrecurring adoption expenses” means reasonable and necessary adoption fees, court costs, attorney fees, and other expenses that are directly related to the legal adoption of a child with special needs under s. DCF 50.09 (1) (b) if the expenses are not incurred in violation of state or federal laws.

(b) If a child is adopted with an approved adoption assistance agreement, the department shall reimburse the adoptive parents for nonrecurring adoption expenses up to $2,000. An adoptive parent shall use a form prescribed by the department to request reimbursement. A request for reimbursement may only be submitted after the adoption order is entered and shall be submitted no more than 2 years after the entry of the adoption order.

Note: DCF-F-S0459-E, Adoption of Children with Special Needs One Time Expense Reimbursement, is available in the forms section of the department website, http://dcf.wisconsin.gov/ or by writing the Division of Safety and Permanence, at P.O. Box 8916, Madison, WI 53708-8916.

History

CR 18-001: cr. Register August 2018 No. 752, eff. 9-1-18; correction in (3) (a) made under s. 35.17, Stats., Register August 2018 No. 752; correction in (1) (b) 3. b. made under s. 35.17, Stats., Register May No. 821; EmR2403: emerg. am. (1) (b) 2. b., eff. 2-20-24: CR 24-014: am. (1) (b) 2. b. Register July 2024 No. 823, eff. 8-1-24.

Wis. Admin. Code § DCF 50.12 Supplemental payments under adoption assistance agreements entered into before July 1, 2011 {#sec-dcf-50.12 omnilex-key=us-wi-regs-official--agency-dcf--DCF 50.12}

(1) Coverage. This section applies to supplemental payments provided under adoption assistance agreements entered into before July 1, 2011.

(2) Supplemental payments.

(a) The department may make supplemental payments to the prospective or adoptive parents of a child in an amount to be determined by the department if the child requires more than the usual amount of care and supervision for the child’s age because of special emotional, behavioral, or physical and personal needs.

(b) If a child does not exhibit characteristics commensurate with a moderate or intensive level of emotional, behavioral, or physical and personal special needs categories described in sub. (3), no supplemental payment may be made. If the child exhibits characteristics commensurate within a moderate or intensive level of one or more of the emotional, behavioral, or physical and personal special need categories under sub. (3), a supplemental payment in an amount to be determined by the department shall be paid.

(3) Schedule of difficulty-of-care levels.

(a) Emotional.

“Level A, not applicable” children do not exhibit unusual emotional characteristics for foster children in their age group.
“Level B, minimal” children exhibit behavior that includes or corresponds in extent or degree with at least 2 of the following characteristics:

a. Demanding excessive attention from others.

b. Nervous, high-strung, impulsive and displaying temper tantrums.

c. Restless and hyperactive, having a short attention span and occasionally wetting during the night.

d. Exhibiting low self-esteem and lacking confidence in their ability to deal with the world.

e. Periodically withdrawn and unresponsive.

“Level C, moderate” children exhibit behavior that includes or corresponds in extent or degree with at least 2 of the following characteristics:

a. Habitually resistive and having difficulty communicating with others, often failing to do what is expected of them.

b. Typically respond to situations with apathy, showing a lack of any interest.

c. Have difficulty in establishing relationships and set up others for rejection.

d. Display cultural and social conflicts.

e. Frequent night bed-wetters or occasionally defecate in bed clothes or both.

f. Display over-activity and over-excitedness, necessitating close supervision.

“Level D, intensive” children exhibit behavior that includes or corresponds in extent or degree with one or more of the following characteristics, and the characteristics are severe:

a. Infantile personalities.

b. Wet or defecate in clothing during daytime hours several times a week.

c. Severe hyperactivity to the point of frequent destructiveness or sleeplessness.

d. Chronically withdrawn, depressed or anxious.

e. Self-injurious, require constant and intensive supervision and may be involved in behavioral management programs or show bizarre or severely disturbed behavior.

f. Display anorexia nervosa.

(b) Behavioral.

“Level A, not applicable” children do not exhibit unusual behavioral characteristics for foster children in their age group.
“Level B, minimal” children exhibit behavior that includes or corresponds in extent or degree with at least 2 of the following characteristics:

a. Run away infrequently for up to 2 days with the intention of returning.

b. Occasionally skip classes or an entire day of school, affecting class achievement and requiring make-up school work and parent contact with the school.

c. Use sexual acting-out or language as an attention-getting mechanism and occasionally experiment with alcohol, drugs or both.

d. Infrequent conflicts with parents or community authorities, including displays of hostility and occasional petty theft, vandalism or both.

e. Exhibit occasional aggressive behavior such as biting, scratching or throwing objects at another person.

“Level C, moderate” children exhibit behavior that includes or corresponds in extent or degree with at least 2 of the following characteristics:

a. Run away 4 to 7 times a year for 3 or 4 days at a time and requires encouragement to return.

b. Truant from school one to 2 times a month for more than one day, resulting in delayed academic progress including performance below their ability that may lead to class failure, possible suspension and frequent parent contact with the school.

c. Exhibit sexual activity harmful to themselves and disruptive to their family and community relationships.

d. Occasionally have been involved in non-violent crimes such as burglary, which caused conflict with authority.

e. Exhibit frequent aggressive behavior such as biting, scratching or throwing objects at another person.

f. Exhibit occasional self-abusive behavior such as banging their heads, poking their eyes, kicking themselves or biting themselves.

“Level D, intensive” children exhibit behavior that includes or corresponds in extent or degree with one or more of the following characteristics, and the characteristics are severe:

a. Runs away 8 or more times a year for 5 or more days at a time, returning only on the initiative of others.

b. Habitually create a disturbance in the classroom or be habitually truant from school resulting in class failure, frequent suspension or expulsion, and requiring frequent parent contact with the school.

c. Exhibit sexual deviancy, including that of a violent nature or nonconsenting involvement of others.

d. Habitually use alcohol, drugs or both.

e. Exhibit uncontrollable behavior, be involved in property offenses repeatedly with adjudication on more than one property offense that is as serious as burglary, and have committed acts such as arson, physical assault or armed robbery.

f. Exhibit aggressive behavior on a daily basis, such as biting, scratching or throwing objects at another person.

g. Exhibit frequent self-abusive behavior such as banging their heads, poking their eyes, kicking themselves or biting themselves. These children may eat inappropriate items such as rubber or metal.

“Level A, not applicable” children do not exhibit unusual physical or personal characteristics for foster children in their age group.
“Level B, minimal” children exhibit physical or personal characteristics that include or correspond in extent or degree with one or more of the following:

a. Needs some help with putting on braces or prosthetic devices and help with buttons or laces but basically care for themselves and are able to maintain their own physical assisting devices.

b. Seizures or motor dysfunctions that are controlled by medication. Therapy for gross or fine motor skills can be done with supervision for children to achieve normal conditions. These children may require special diet preparation.

“Level C, moderate” children exhibit physical or personal characteristics that include or correspond in extent or degree with one or more of the following:

a. Needs help with dressing, bathing and general toilet needs, including maintenance procedures such as diapering and applying catheters, and requires the help of a person or a device to walk or get around.

b. Needs assistance to care for and maintain physical assisting devices.

c. Has feeding problems such as excessive intake, extreme messiness or extremely slow eating requiring help, supervision or both.

d. Needs tube or gavage feeding.

e. Requires special care to prevent or remedy skin conditions such as decubiti and severe eczema.

Note: The administration of medications and preparation of special diets are demanding, and prescribed physical therapies such as those for vision, hearing, speech or gross or fine motor skills require one to 2 hours a day.

“Level D, intensive” children exhibit physical or personal characteristics that include or correspond in extent or degree with one or more of the following:

a. Non-ambulatory, may have uncontrollable seizures and need appliances for drainage, colostomy, aspiration or suctioning.

b. Even with proper medical attention, vision, speech or hearing functions are impaired and may require foster parent training.

c. Need daily prescribed exercise routines to improve or maintain gross or fine motor skills that require home administration.

d. Require prevention procedures such as daily irrigation.

e. Require extra cleaning and laundry to maintain body hygiene and control of the child’s body waste.

f. Orthotics care.

g. Prescribed physical therapies taking 2 to 3 hours a day.

(4) Exceptional payment. An exceptional payment in an amount to be determined by the department pursuant to the department’s uniform foster care rate policy may be made in addition to the age-related rates and special needs payment when the additional payment will accomplish any of the following:

(a) Enable the child to be placed in a foster home instead of being placed or remaining in a more restrictive setting.

(b) Replace a child’s basic wardrobe that has been lost or destroyed through other than normal wear and tear.

History

CR 18-001: cr. Register August 2018 No. 752, eff. 9-1-18; correction in (2) (b) under s. 35.17, Stats., Register August 2018 No. 752.

Wis. Admin. Code § DCF 50.13 Adoption assistance agreement {#sec-dcf-50.13 omnilex-key=us-wi-regs-official--agency-dcf--DCF 50.13}

(1) The department shall enter into a written adoption assistance agreement with the proposed adoptive parents of a child eligible for assistance under s. DCF 50.09 prior to the adoption. The agreement shall be signed by the proposed adoptive parents, the adoption agency, and the department. The agreement shall specify all of the following:

(a) The amount of the adoption assistance under s. DCF 50.11.

(b) The responsibilities of the adoptive parent, including the requirements in s. DCF 50.15 (1).

(d) Circumstances under which the adoption assistance may be increased, decreased, terminated, or suspended, including the circumstances in ss. DCF 50.14 and 50.15.

(e) That the agreement will remain in effect regardless of the state of residence of the adoptive parents and the child.

(2) If at any time prior to the adoption, the proposed adoptive parents believe there has been a substantial change in circumstances under s. DCF 50.14 (1), the proposed adoptive parents may request a review of the amount of adoption assistance under s. DCF 50.14. The department shall determine whether a new amount is justified. The new agreement shall be agreed to and signed by the proposed adoptive parent, the adoption agency, and the department prior to the adoption.

History

CR 18-001: cr. Register August 2018 No. 752, eff. 9-1-18.

Wis. Admin. Code § DCF 50.14 Amendment to adjust payment amount {#sec-dcf-50.14 omnilex-key=us-wi-regs-official--agency-dcf--DCF 50.14}

(1) Definition. In this section, “substantial change in circumstances” means a change that has occurred to the child in one or more areas of special needs, including physical, behavioral, or emotional special needs, that would result in a change in the amount of a supplemental payment determined under one of the following:

(a) For an adoption assistance agreement entered into before July 1, 2011, the rate schedule under s. DCF 50.12.

(b) For an adoption assistance agreement entered into on or after July 1, 2011, the rate schedule under s. DCF 56.23 (2) (a) if the child has a total of 5 or more needs that have been identified as moderate or intensive in the areas listed in s. DCF 56.23 (2) (a) 1. a. to e.

(2) Timing of request. Adoptive parents that have entered into an initial or amended adoption assistance agreement may request that the agreement be amended to begin monthly payments or to increase the amount of monthly payments if the adoptive parent believes that there has been a substantial change in circumstances and the timing of the request is any of the following:

(a) Not less than 12 months after any of the following occurred:

The adoption order was entered.
A previous request for an amendment to the adoption assistance agreement was denied.

(b) Within 120 days before the expiration date of an amendment to the adoption assistance agreement.

(3) Request by the adoptive parents. To request an amendment to the adoption assistance agreement, the adoptive parents shall do all of the following:

(a) Complete and return the request for adoption assistance amendment forms prescribed by the department to document the adoptive parents’ observations of the child’s physical, behavioral, and emotional needs.

Note: When the adoptive parents contact the department about a possible amendment, the department sends the parents a form for the adoptive parents to complete and the forms for the parents to take to the appropriate professionals under par. (b).

For adoption assistance agreements entered into before July 1, 2011, the adoptive parents complete DCF-F-CFS2092, Adoption Assistance Amendment Request.

For adoption assistance agreements entered into on or after July 1, 2011, the form is DCF-F-5230-E, Adoption Assistance Amendment Request – Age Birth to 5 Child and Adolescent Needs and Strengths (CANS) Version or DCF-F-5231-E, Adoption Assistance Amendment Request – Age 5 - 21 Child and Adolescent Needs and Strengths (CANS) Version, as applicable.

(b) Submit documentation by appropriate professionals regarding the child’s current needs to the department with the amendment request. The documentation shall be on a form prescribed by the department and dated not more than 6 months before the request.

Note: For an adoption assistance agreement entered into before July 1, 2011, the appropriate professionals complete all of the following regarding the child’s needs:

DCF-F-CFS2411, Adoption Assistance Amendment Request — Confirmation of Needs Behavioral Characteristics.

DCF-F-CFS2412, Adoption Assistance Amendment Request — Confirmation of Needs Emotional Characteristics.

DCF-F-CFS2413, Adoption Assistance Amendment Request — Confirmation of Needs Physical/Personal Care Characteristics.

For an adoption assistance agreement entered into on or after July 1, 2011, the department sends the following forms that apply to the child’s age, and the professionals complete the forms that apply to the child’s needs:

DCF-F-2677, Adoption Assistance Amendment Confirmation of Needs Behavioral Characteristics (Age 5-21).

DCF-F-2678, Adoption Assistance Amendment Confirmation of Needs Emotional Characteristics (Age 5-21).

DCF-F-2679, Adoption Assistance Amendment Confirmation of Needs Physical/Personal Care Characteristics (Age 5-21).

DCF-F-2680, Adoption Assistance Amendment Confirmation of Needs Behavioral Characteristics (Birth to 5).

DCF-F-2681, Adoption Assistance Amendment Confirmation of Needs Emotional Characteristics (Birth to 5).

DCF-F-2682, Adoption Assistance Amendment Confirmation of Needs Physical/Personal Care Characteristics (Birth to 5).

(d) If requested by the department, have the child evaluated by a specialist to provide information necessary in making a determination.

(e) If the adoptive parents accept the adjusted payment amount offered by the department, sign and return the amendment to the department within 30 days.

(4) Department response. If the department receives a request to amend an adoption assistance agreement under sub. (3), the department shall do all of the following:

(a) Substantial change in circumstances. Determine whether there has been a substantial change in circumstances regarding the child’s special needs. The department shall review the documentation submitted under sub. (3) and may do any of the following if the department decides that additional information is needed before the determination can be made:

Obtain technical assistance from a specialist.
Request that the adoptive parents have the child evaluated by a specialist.
Request more information about the child’s current functioning from the adoptive parents.
Notify the adoptive parents that failure to provide the requested information within 90 days may result in a denial of the amendment request.
Make a decision on the adoptive parents’ request following receipt of the additional information.

(b) Abuse or neglect.

Determine whether any of the following applies to the adoptive parents:

a. A final substantiated finding has been made that an adoptive parent abused or neglected the child.

b. A finding that is comparable to a final substantiated finding of the child has been made in any other jurisdiction where an adoptive parent has resided.

If a finding under subd. 1. is overturned, the department shall reconsider an amendment request that was denied based on the finding.

‘Department offer.’ If the department determines that there has been a substantial change in circumstances that establishes that a child previously determined to be at high risk under s. DCF 50.09 (1) (b) 6. now meets the conditions of s. DCF 50.09 (1) (b) 3., and there is not a final substantiated finding of abuse or neglect of the child by an adoptive parent as provided in par. (b), offer to begin monthly adoption assistance payments for up to one year.
‘Monthly amount for adoptive parents that are beginning to receive payments.’ Determine the monthly amount of the monthly adoption assistance payments for a child that was previously determined to be at high risk under s. DCF 50.09 (1) (b) 6. and now meets the conditions of s. DCF 50.09 (1) (b) 3., based on all of the following:

a. The basic maintenance payment specified in s. 48.62 (4), Stats., in effect at the time the request for adoption assistance amendment form was received by the department.

b. For an adoption assistance agreement entered into before July 1, 2011, a supplemental payment determined under the rate schedule under s. DCF 50.12 (2) and (3). For an adoption assistance agreement entered into on or after July 1, 2011, a supplemental payment determined under the rate schedule under s. DCF 56.23 (2) (a) if the child has a total of 5 or more needs that have been identified as moderate or intensive in the areas listed in s. DCF 56.23 (2) (a) 1. a. to e.

‘No exceptional payments.’ No exceptional payment under s. DCF 50.12 (4) or 56.23 (3) may be established.

(d) Adoptive parents that have been receiving monthly payments.

‘Department offer.’ If the department determines that there has been a substantial change in circumstances that establishes that a child that has identified special needs has had an increase in special needs in one or more categories of the supplemental payment schedule and there has not been a final substantiated finding of abuse or neglect of the child by an adoptive parent as provided in par. (b), offer to adjust the amount of the monthly adoption assistance payments for up to one year. The department may not increase the amount in the agreement above the amount allowed under 42 USC 673 or any other federal law.
‘Monthly amount for adoptive parents who have been receiving payments.’ Determine the monthly amount of the monthly adoption assistance payments for a child who had identified special needs and has had an increase in the special needs in one or more categories of the supplemental payment schedule, based on all of the following:

a. The basic maintenance payment specified in s. 48.62 (4), Stats., in the existing adoption assistance agreement.

b. For an adoption assistance agreement entered into before July 1, 2011, an adjusted supplemental payment determined under the rate schedule under s. DCF 50.12 (2) and (3). For an adoption assistance agreement entered into on or after July 1, 2011, the rate schedule under s. DCF 56.23 (2) (a) if the child has a total of 5 or more needs that have been identified as moderate or intensive in the areas listed in s. DCF 56.23 (2) (a) 1. a. to e.

c. Notwithstanding subd. 2. b., if the level of points in an established supplemental payment category is at the highest number of points in an intensive level of need category, no increase in payment may be offered in that category.

d. Any exceptional payment in the existing adoption assistance agreement. No adjustment may be made to an existing exceptional payment and no new exceptional payment may be established under s. DCF 50.12 (4) or 56.23 (3).

(e) Amended agreement. Offer to amend the agreement in writing for up to one year to specify the new amount of the monthly payments if the adoptive parents agree with the proposed amount of the payments and return the signed amendment within 30 days after the date of the notice of the decision.

(f) Review amendment. Review an amended adoption assistance agreement, as follows:

Prior to the expiration of the amended agreement and annually thereafter for the duration of the adoption assistance agreement, the department shall contact the adoptive parents to request information concerning the circumstances of the child. The department shall notify the adoptive parents, in writing, at least 120 days before the expiration of the amended adoption assistance agreement and provide the adoptive parents with the expiration date, a request for an adoption assistance amendment form, and instructions for completing the form.
The department may require that the adoptive parents provide documentation of the current circumstances of the child. The department shall review the information to determine whether the reasons for the change in circumstances continue to exist or not and shall notify the adoptive parents if the amount of adoption assistance will be continued, reduced, or returned to the amount in the original agreement or previous amended agreement. The amount of the decrease offered by the department may not result in an amount of adoption assistance for maintenance that is less than the initial amount of adoption assistance for maintenance provided for the child under s. 48.975 (3) (a) 1., 2., or 3., Stats.

History

CR 18-001: cr. Register August 2018 No. 752, eff. 9-1-18; (3) (c) 3. (title) created under s. 13.92 (4) (b) 2., correction in (4) (b) (intro.), (c) 3., (f) 1. made under s. 35.17, Stats., Register August 2018 No. 752.

Wis. Admin. Code § DCF 50.15 Notification and review requirements {#sec-dcf-50.15 omnilex-key=us-wi-regs-official--agency-dcf--DCF 50.15}

(1) Post-agreement and placement.

(a) Family notification requirements. After the department has signed and approved the adoption assistance agreement and the child has been placed in the home, the adoptive or proposed adoptive parents shall notify the department no later than 30 days after any of the following occur:

The adoptive or proposed adoptive parents’ address changes.
The child is no longer living with the adoptive or proposed adoptive parents.
The child is no longer receiving any support from the adoptive or proposed adoptive parents.
The parental rights of the adoptive parents have been terminated and they are no longer legally responsible for support of the child.
The child is married.
The child enlists in the military.
The death of the child.
The child attains 18 years of age.
The child completes high school after attaining 18 years of age.
The child is determined eligible for adoption assistance under sub. (3) (a) 3. and no longer has an individualized education program under s. 115.787, Stats., in effect.

Note: Notice may be delivered in person or by mail to the Division of Safety and Permanence, Bureau of Permanence and Out-of-Home Care, 201 W. Washington Avenue, P.O. Box 8916, Madison, WI 53708-8916.

(b) Medical assistance notification requirements. Adoptive or proposed adoptive parents shall comply with notification requirements of the department of health services regarding medical assistance for the child, including a change in health insurance benefits or coverage.

(c) Verification of individualized education program. The adoptive parents shall provide a copy of the child’s individualized education program under s. 115.787, Stats., before the department may determine that the child is eligible for adoption assistance to continue under sub. (3) (a) 3.

(2) Department actions.

(a) Advance notice of termination and potential eligibility after adoptee attains 18 years of age.

Six months before the adoptee attains 18 years of age, the department shall notify the adoptive parents that adoption assistance will terminate when the adoptee turns 18 years old, unless the adoptive parents provide information regarding potential eligibility for the payments to continue under sub. (3).
The department shall determine an adoptee’s eligibility under sub. (3) if the adoptive parents provide all required information.

(b) Termination. The department shall terminate adoption assistance for a reason specified in sub. (1) (a) 3. to 10. or if the adoptive parents submit a written request for termination of the adoption assistance agreement, unless the department suspends monthly adoption assistance payments under par. (c) or the adoptee is 18 years of age or over and is eligible under sub. (3).

(c) Suspension. The department may suspend monthly adoption assistance payments if the adoptee is temporarily not being supported by the adoptive parents.

(3) Adoption assistance eligibility after adoptee attains 18 years of age.

(a) Parents of an adoptee who is 18 years of age or older may continue to receive monthly adoption assistance payments if no change specified in sub. (1) (a) 3. to 10. affecting eligibility has occurred and any of the following conditions is met:

The adoptee is under 19 years of age, 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.
The adoptee is under 21 years of age and all of the following conditions are met:

a. The adoptee is a full-time student at a secondary school or its vocational or technical equivalent.

b. The department determines that the adoptee has a mental or physical disability that warrants the continuation of adoption assistance.

c. The adoptee is not eligible for social security disability insurance under 42 USC 401 to 433 or supplemental security income under 42 USC 1381 to 1385 based on disability.

d. The adoptee otherwise lacks adequate resources to continue in secondary school or its vocational or technical equivalent.

The adoptee is 18 years of age or over, but is under 21 years of age and all of the following conditions are met:

a. The adoptee is a full-time student at a secondary school or its vocational or technical equivalent.

b. There is an individualized education program under s. 115.787, Stats., in effect for the adoptee.

c. The adoption assistance agreement for the adoptee became effective on or after the adoptee attained 16 years of age.

(b) Adoption assistance may be reinstated following termination of assistance by adoptive parents when the adoptee was 18 years of age or over if the adoptee will be eligible under par. (a) 3.

History

CR 18-001: cr. Register August 2018 No. 752, eff. 9-1-18; correction in (3) (a) (intro.) made under s. 35.17, Stats., Register August 2018 No. 752.

Wis. Admin. Code § DCF 50.16 Adoption assistance overpayments {#sec-dcf-50.16 omnilex-key=us-wi-regs-official--agency-dcf--DCF 50.16}

The department may recover an overpayment of adoption assistance from adoptive parents by any of the following means:

(1) Reducing the amount of the monthly adoption assistance payments by an amount agreed to by the adoptive parents and the department.

(2) Requesting payment within a specified time period or negotiating a payment plan.

(3) Certifying the debt for collection by the department of revenue under s. 71.93, Stats.

History

CR 18-001: cr. Register August 2018 No. 752, eff. 9-1-18; correction in numbering in (1) to (3) made under s. 13.92 (4) (b) 1., Stats., Register August 2018 No. 752.

Wis. Admin. Code § DCF 50.17 Adoption assistance reviews and appeals {#sec-dcf-50.17 omnilex-key=us-wi-regs-official--agency-dcf--DCF 50.17}

(1) Before adoption is final.

(a) Prior to the entry of the adoption order, proposed adoptive parents may contest a department action by requesting any of the following:

A review by the division administrator or designee.
A hearing before the division of hearings and appeals under ch. 227, Stats., and ch. HA 3.

(b) Any of the following department actions may be contested under par. (a):

Denial of eligibility for adoption assistance.
The amount of the monthly adoption assistance payment that the department offered.

(2) After adoption is final.

(a) After the adoption is final, adoptive parents may request a hearing with the division of hearings and appeals under ch. 227, Stats., and ch. HA 3 to appeal any of the following actions:

Denial of an amendment request under s. DCF 50.14 or approval of an amount that is less than the adoptive parents consider appropriate.
Amendment or termination of the adoption assistance agreement without the concurrence of the adoptive parents.
Suspension of monthly adoption assistance payments without the concurrence of the adoptive parents.
Failure of the department to comply with a condition of the adoption assistance agreement.
A determination that the adoptive parents received an overpayment or the amount of the overpayment.

(b) Adoptive parents may request a hearing no later than 30 days after the date of the department’s notice of the action or the date of the inaction.

(3) After adoption is final with extenuating circumstances. After the adoption is final, adoptive parents may request a hearing with the division of hearings and appeals under ch. 227, Stats., and ch. HA 3 if all of the following conditions are met:

(a) The adoptive parents are appealing any of the following:

A department decision after the adoption became final that the conditions of eligibility in s. DCF 50.09 are not met.
A department decision before the adoption became final relating to the amount of adoption assistance under s. DCF 50.11.

(b) The conditions for eligibility for adoption assistance in s. DCF 50.09 existed at the time the adoption became final.

Facts regarding the child, the child’s biological family, or the child’s background that were relevant to the proposed adoption were known to the adoption worker who served as the child’s guardian and who represented the adoption agency that placed the child for adoption, but were not presented to the adoptive parents by the adoption agency or by another source, such as the child’s physician or the agency that originally placed the child for foster care, before the adoption became final.
Adoption assistance was denied based upon a means test of the adoptive family.
The department’s determination that the child was ineligible for adoption assistance was erroneous.
The adoptive parents were not advised by the adoption agency or by another source, such as a social worker or another adoptive parent, about the availability of adoption assistance and had not previously adopted with adoption assistance.

(d) It has been less than 90 days since the adoptive parents knew or reasonably should have known of the extenuating circumstance under par. (c) that is the basis for the hearing request.

Note: A request for review of a decision may be addressed to the Administrator, Division of Safety and Permanence, P.O. Box 8916, Madison, WI 53708-8916.

A request for a hearing may be addressed to the Division of Hearings and Appeals, P.O. Box 7875, Madison, WI 53707.

History

CR 18-001: cr. Register August 2018 No. 752, eff. 9-1-18.

Chapter DCF 51 PREADOPTION TRAINING

Wis. Admin. Code § DCF 51.01 Authority and purpose {#sec-dcf-51.01 omnilex-key=us-wi-regs-official--agency-dcf--DCF 51.01}

This chapter is promulgated under the authority of ss. 48.84 and 227.11 (2), Stats., to establish the topics and procedures for the preadoption training required for prospective adoptive parents who have not previously adopted a child.

History

CR 18-001: cr. Register August 2018 No. 752, eff. 9-1-18.

Wis. Admin. Code § DCF 51.02 Definitions {#sec-dcf-51.02 omnilex-key=us-wi-regs-official--agency-dcf--DCF 51.02}

In this chapter:

(1) “Adoption” means a process provided by law to establish the legal relationship of parent and child between persons who do not have that relationship by birth, with the same mutual rights and obligations that exist between the child and the child’s birth parents.

(2) “Adoption agency” means the department of children and families; a county department under s. 46.22 or 46.23, Stats.; a tribal child welfare department in this state; or a licensed child welfare agency with powers and duties under ss. 48.60 and 48.61 (5) and (7), Stats.

(3) “Foster parent” means a person licensed under s. 48.62 (1), Stats., and ch. DCF 56.

(4) “Preadoption training” means the preadoption preparation required under s. 48.84 (1), (2), and (2g), Stats.

(5) “Proposed adoptive parent” means an individual that an adoption agency has identified as the prospective adoptive parent for a specific child.

(6) “Prospective adoptive parent” means an individual who is going through the process to become an adoptive parent for a child.

History

CR 18-001: cr. Register August 2018 No. 752, eff. 9-1-18; correction in numbering under s. 13.92 (4) (b) 1., Stats., Register August 2018 No. 752.

Wis. Admin. Code § DCF 51.03 When preadoption training is required {#sec-dcf-51.03 omnilex-key=us-wi-regs-official--agency-dcf--DCF 51.03}

A prospective adoptive parent who has not previously adopted a child shall complete preadoption training before any of the following:

(1) A child may be placed under s. 48.833, Stats., for adoption by the proposed adoptive parent.

(2) The proposed adoptive parent may petition for placement of a child for adoption under s. 48.837, Stats.

(3) The proposed adoptive parent may bring a child into this state for adoption under s. 48.839, Stats.

History

CR 18-001: cr. Register August 2018 No. 752, eff. 9-1-18.

Wis. Admin. Code § DCF 51.04 Who may provide training {#sec-dcf-51.04 omnilex-key=us-wi-regs-official--agency-dcf--DCF 51.04}

Only an entity authorized under s. 48.84 (1), Stats., may provide preadoption training.

History

CR 18-001: cr. Register August 2018 No. 752, eff. 9-1-18.

Wis. Admin. Code § DCF 51.05 Content and number of hours {#sec-dcf-51.05 omnilex-key=us-wi-regs-official--agency-dcf--DCF 51.05}

(1) A prospective adoptive parent shall complete at least 25 hours of preadoption training that includes all of the following topics:

(a) Adoption and its impact on parenting and family dynamics.

(b) The issues for a child in an adoptive placement.

(d) Attachment issues in adoptive placements.

(e) Support and resources for adopted children and adoptive families.

(f) Cultural sensitivity in adoption.

(g) Effects of abuse and neglect in adoption, including sexual abuse.

(h) Legal issues relating to adoption.

(i) Issues of children being adopted from an institutionalized care setting.

(j) Educational issues in adoption.

(k) Childhood developmental stages.

(L) Trauma issues related to adoption.

(2) The content of the preadoption training shall be current and relevant to the type of adoption that the prospective adoptive parent is seeking.

History

CR 18-001: cr. Register August 2018 No. 752, eff. 9-1-18.

Wis. Admin. Code § DCF 51.06 Format of training {#sec-dcf-51.06 omnilex-key=us-wi-regs-official--agency-dcf--DCF 51.06}

(1) Preadoption training shall include all of the following:

(a) At least 6 hours of training that is provided in person, either individually or in a group.

(b) At least 6 hours of training that is appropriate to the specific needs of the child to be adopted.

(2) The credit given for training using books or periodicals may not exceed 5 hours of the required hours of preadoption training.

(3) A prospective adoptive parent shall have the opportunity to ask questions and discuss all of the topics required under s. DCF 51.05.

History

CR 18-001: cr. Register August 2018 No. 752, eff. 9-1-18.

Wis. Admin. Code § DCF 51.07 Credit for foster parent training {#sec-dcf-51.07 omnilex-key=us-wi-regs-official--agency-dcf--DCF 51.07}

(1) Completion of the standardized curriculum. Notwithstanding s. DCF 51.05, a prospective adoptive parent that has completed the foster parent training under s. DCF 56.14 (6d) or (7) may receive credit as appropriate toward the 25 hours of preadoption training under ss. DCF 51.05 and 51.06. The adoption agency shall ensure that the prospective adoptive parent completes in-person training sufficient to cover the required topics in s. DCF 51.05 (1) as they relate to adoption.

(2) Partial completion of the standardized curriculum. If a prospective adoptive parent has partially completed the foster parent training under s. DCF 56.14 (6d) or (7), the adoption agency shall determine the amount of credit to allow for the foster parent training that was completed and what additional training is needed for the adoptive parent to comply with ss. DCF 51.05 and 51.06.

History

CR 18-001: cr. Register August 2018 No. 752, eff. 9-1-18; correction in numbering in (1) made under s. 13.92 (4) (b) 1., Stats., Register August 2018 No. 752; CR 25-043: am. Register November 2025 No. 839, eff. 12-1-25; correction in (2) made under s. 35.17, Stats., November 2025 No. 839.

Wis. Admin. Code § DCF 51.08 Competency in the required training topics {#sec-dcf-51.08 omnilex-key=us-wi-regs-official--agency-dcf--DCF 51.08}

The adoption agency shall determine whether prospective adoptive parents are competent in the required topics under s. DCF 51.05 and may require a prospective adoptive parent to complete additional training if the prospective adoptive parent has not attained basic competency in the required topics.

History

CR 18-001: cr. Register August 2018 No. 752, eff. 9-1-18.

Wis. Admin. Code § DCF 51.09 Training documentation {#sec-dcf-51.09 omnilex-key=us-wi-regs-official--agency-dcf--DCF 51.09}

The adoption agency shall maintain documentation that each prospective adoptive parent completed the required preadoption training in the agency’s record on the parent.

History

CR 18-001: cr. Register August 2018 No. 752, eff. 9-1-18.

Wis. Admin. Code § DCF 51.10 Postadoption training {#sec-dcf-51.10 omnilex-key=us-wi-regs-official--agency-dcf--DCF 51.10}

The entity that provides the required preadoption training shall refer adoptive parents with postadoption needs to resources appropriate to the specific needs of the family or offer to provide at least 6 hours of training if the entity has sufficient expertise with the family’s specific needs.

History

CR 18-001: cr. Register August 2018 No. 752, eff. 9-1-18.

Chapter DCF 52 RESIDENTIAL CARE CENTERS FOR CHILDREN AND YOUTH

Subchapter I General Provisions

Wis. Admin. Code § DCF 52.01 Authority and purpose {#sec-dcf-52.01 omnilex-key=us-wi-regs-official--agency-dcf--DCF 52.01}

This chapter is promulgated under the authority of s. 48.67, Stats., to ensure that residential care centers for children and youth protect and promote the health, safety and welfare of residents, respect the rights of individual residents, provide the most appropriate conditions possible for each resident, help each resident develop socially acceptable patterns of behavior, develop resident treatment plans consistent with the state’s permanency planning policy to support the integrity of the family, and help each resident return as quickly as possible to the resident’s family or achieve permanency through adoption or guardianship. This chapter is also promulgated under the authority of s. 49.343, Stats., to establish the rate that a residential care center may charge for its services and to promote efficient provision of services.

History

Cr. Register, February, 2000, No. 530, eff. 9-1-00; EmR1106: emerg. am., eff. 9-16-11; CR 11-026: am. Register December 2011 No. 672, eff. 1-1-12; CR 21-107: am. Register June 2022 No. 798, eff. 7-1-22.

Wis. Admin. Code § DCF 52.02 Applicability {#sec-dcf-52.02 omnilex-key=us-wi-regs-official--agency-dcf--DCF 52.02}

(1) Scope. This chapter applies to the department, to applicants for a license to operate a residential care center for children and youth and to all licensed residential care centers for children and youth, except as provided in s. DCF 52.57 for type 2 residential care center programs, in s. DCF 52.58 for short-term programs and in s. DCF 52.59 for respite care services programs.

(2) Exceptions.

(a) The department may grant an exception to a nonstatutory requirement of this chapter if the department determines that the exception will not jeopardize the health, safety or welfare of any child served by the center. A request for an exception shall be made on a form prescribed by the department. The request shall justify the exception and describe the alternative provision that meets the intent of the requirement.

Note: Form DCF-F-5023-E, Child Welfare Request for Exception, is available in the forms section of the department website, http://dcf.wisconsin.gov, or from a department field office. A request for an exception to a requirement of this chapter should be sent to the licensing representative of the department’s Division of Safety and Permanence. See Appendix D for the address of the field office for your area.

(b) The department may impose one or more specific conditions on any exception granted under this subsection to protect the health, safety or welfare of residents. Violation of a condition is a violation of this chapter.

History

Cr. Register, February, 2000, No. 530, eff. 9-1-00; correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; EmR1414: emerg. am. (2) (a), eff. 8-1-14; CR 14-054: am. (2) (a) Register April 2015 No. 712, eff. 5-1-15.

Wis. Admin. Code § DCF 52.03 Definitions {#sec-dcf-52.03 omnilex-key=us-wi-regs-official--agency-dcf--DCF 52.03}

In this chapter:

(1) “Aftercare” means follow-up services provided to a young person after the young person is discharged from a center.

(1m) “Age or developmentally appropriate activities” means activities that are generally accepted as suitable for children of a given chronological age or level of maturity or that are determined to be developmentally appropriate for a child based on the cognitive, emotional, physical, and behavioral capacities that are typical for children of a given age or age group or, in the case of a specific resident, activities that are suitable for the resident based on the cognitive, emotional, physical, and behavioral capacities of that resident.

(2) “Center” means a residential care center for children and youth.

Note: Residential care centers for children and youth were formerly called child care institutions (CCIs) and in ch. 48, Stats., are referred to as child welfare agencies.

(2m) “Child” is a person who is under 21 years of age and is under juvenile court jurisdiction or other court order, is being provided services by a child welfare or juvenile justice agency, or is placed under a contract or agreement.

(3) “Child-placing agency” or “placing agency” means any agency that is required to be licensed under s. 48.60, Stats., and ch. DCF 54, to place children into adoptive homes, foster homes or group homes, to accept guardianship of children or to license foster homes, or a county department with powers and duties as defined under s. 48.57, Stats., the department or the Wisconsin department of corrections or any other lawful placement authority.

(4) “County department” or “county” means a county department of social services under s. 46.215 or 46.22, Stats.; a county department of human services under s. 46.23, Stats.; or a county department under s. 51.42 or 51.437, Stats.

(5) “Department” means the Wisconsin department of children and families.

(5m) “Family interaction plan” means a plan developed by a placing agency to promote a resident’s interaction with members of the resident’s family and includes interaction by face-to-face contact; telephone calls; letters; emails; and attendance at routine activities, such as counseling sessions, medical appointments, school events, and faith-related activities.

(6) “Full-time staff” means a center staff member who works 40 or more hours per week in the same staff position or 2 or more part-time staff members who together work in the same staff position 40 or more hours per week.

(7) “Guardian” means a person appointed by a court under s. 48.9795, Stats., to have the duties and authority of guardianship described under s. 48.023 or 48.9795, Stats., or as defined under s. 938.02 (8), Stats.

(8) “HealthCheck provider” means a provider of health assessment and evaluation services certified under s. DHS 105.37 (1) (a).

(9) “Informed consent” or “consent” means signed written consent which is voluntary and based on understanding by a person 18 years of age or older or a minor resident as provided under law who is competent and who understands the terms of the consent, and as otherwise provided under law by the resident’s parent, guardian or legal custodian or as provided under a court order or other lawful authority.

(10) “Legal custodian” has the meaning specified in s. 48.02 (11), Stats., or in s. 938.02 (11), Stats.

(11) “Legal custody” has the meaning specified in s. 48.02 (12), Stats., or in s. 938.02 (12), Stats.

(12) “License” means written permission of the department for a center to operate, consisting of a license certificate which shows the location of the center, identifies the licensed premises and lists licensing provisions, and a licensing letter of transmittal that includes any special conditions.

(13) “Licensee” means the person, partnership, sole proprietorship, corporation or other legal entity to which a license is issued under this chapter and which has final responsibility and authority to operate the center.

(14) “Licensing representative” means a department employee responsible for licensing residential care centers.

(15) “Medical assistance” means the assistance program operated by the department of health services under ss. 49.43 to 49.497, Stats., and chs. DHS 101 to 108.

(16) “NFPA” means the National Fire Protection Association.

(16m) “Normalcy” means a resident’s ability to easily engage in healthy and age or developmentally appropriate activities that promote his or her well-being, such as participation in social, scholastic, and enrichment activities.

(17) “Parent” has the meaning specified in s. 48.02 (13), Stats., or in s. 938.02 (13), Stats.

(18) “Permanency plan” means a plan required under s. 48.38 (2), Stats., that is designed to ensure that a child placed in a residential care center is reunified with his or her family whenever appropriate, or that the child quickly attains a placement or home providing long-term stability.

(19) “Physician” has the meaning prescribed in s. 448.01 (5), Stats.

(19m) “Placing agency” means a licensed private child-placing agency; county department with powers and duties under ss. 48.57 and 938.57, Stats.; the department; the Wisconsin department of corrections; or a licensed child welfare agency from another state authorized to place children in residential care centers.

(20) “Professional” means a person who is a Wisconsin certified alcohol or drug abuse counselor or a person with at least a bachelor’s degree from an accredited college or university who has specialized training to do therapy or counseling or to provide other treatment services or a social worker licensed under s. 457.08, Stats.

(21) “Psychiatrist” means a physician licensed under ch. 448, Stats., to practice medicine and surgery who has satisfactorily completed 3 years of residency training in psychiatry or child psychiatry in a program approved by the accreditation council for graduate medical education and is either certified or eligible for certification by the American board of psychiatry and neurology.

(21g) “Reasonable and prudent parent standard” means a standard for use in making decisions concerning a resident’s participation in age or developmentally appropriate extracurricular, enrichment, cultural, and social activities that is characterized by careful and sensible parental decisions that maintain the health, safety, best interests, and cultural, religious, and tribal values of the resident while at the same time encouraging the emotional and developmental growth of the resident.

(22) “Resident” means a child who is admitted to and resides in a residential care center for children and youth.

(22m) “Resident care worker” means a staff person specified in s. DCF 52.12 (1) (a) 5.

(23) “Residential care center for children and youth” or “residential care center”, “center”, or “RCC” means a residential facility required to be licensed as a child welfare agency under s. 48.60, Stats., that provides treatment and custodial services for children under 21 years of age.

(23m) “RPPS decision maker” means an individual who has successfully completed training on the application of the reasonable and prudent parent standard and makes reasonable and prudent parenting decisions under s. DCF 52.415.

(24) “Staff person” means a person who is either employed by a center or under contract for a center to perform the functions identified in s. DCF 52.12 (1) (a) or (2) (i).

(25) “Treatment plan” means a written plan of services to meet the specific treatment goals and needs of an individual resident.

(26) “Type 2 residential care center” means a center designated by the department of corrections as a type 2 child caring institution that is approved by the department to operate under its residential care center license to provide care and maintenance for juveniles who have been placed in the residential care center under the supervision of the department of corrections or a county department under s. 938.34 (4d), Stats.

(27) “Type 2 status” has the meaning specified under s. 938.539, Stats., and includes the status given by the court to a youth who is placed by the court in a type 2 residential care center.

(28) “Wisconsin public purchaser” means a county department, the department, or the Wisconsin department of corrections.

History

Cr. Register, February, 2000, No. 530, eff. 9-1-00; corrections in (3), (5), (7), (8), (15) and (24) made under s. 13.92 (4) (b) 6. and 7., Stats., Register November 2008 No. 635; EmR1106: emerg. r. and recr. (4), am. (23), cr. (19m), (28), eff. 9-16-11; CR 11-026: r. and recr. (4), am. (23), cr. (19m), (28) Register December 2011 No. 672, eff. 1-1-12; EmR1414: emerg r. and recr. (22), am. (23), eff. 8-1-14; CR 14-054: cr. (2m), r. and recr. (22), am. (23) Register April 2015 No. 712, eff. 5-1-15; EmR1633: emerg. cr. (1m), (5m), (16m), (21g), (22m), (23m), eff. 11-18-16; CR 16-051: cr. (1m), (5m), (16m), (21g), (22m), (23m) Register July 2017 No. 739, eff. 8-1-17; correction in (7) made under ss. 13.92 (4) (b) 7. and 35.17, Stats., Register September 2020 No. 777; CR 21-107: am. (1) Register June 2022 No. 798, eff. 7-1-22.

Subchapter II Administration

Wis. Admin. Code § DCF 52.11 Licensee responsibilities {#sec-dcf-52.11 omnilex-key=us-wi-regs-official--agency-dcf--DCF 52.11}

A licensee shall protect and promote the health, safety and welfare of children served and meet all applicable requirements under this chapter. If this chapter does not specify who should complete a task or function, the licensee shall make the necessary arrangements to achieve and maintain compliance. The licensee shall do all of the following:

(1) Table of organization. Maintain an up-to-date table of organization showing the center’s administrative and staffing structure with position titles and lines of authority.

(2) Documentation of staffing.

(a) Maintain all of the following records:

Written schedules of staff coverage that document the specific resident care workers and resident services case managers that worked each shift to meet the applicable staff-to-resident ratios in s. DCF 52.41 (3).
Staff payroll records.

(b) Retain records under par. (a) for 5 years and make all records immediately available upon request of the department.

(3) Operation of center.

(a) Operate the center in accordance with the provisions of the center’s license and in compliance with this chapter.

(b) Comply with all applicable federal, state and local laws as determined by those authorities.

(4) Notification of department.

(a) Notify the department in writing within one week after there is a change in the person filling the center director position.

(b) Notify the department in writing before making any general change affecting center organization, administration or operation or in the center’s treatment program as described in the center’s program statement and operating plan under s. DCF 52.41 (1). A general change is one that affects the overall structure of how a center is organized, administered or operated or in how a treatment program or approach is delivered.

(c) Notify the department in writing and receive approval from the department before serving a resident population that has different needs or disabilities than the resident population described in the agency plan under s. DCF 52.41 (1) (a) 3.

(5) Bonding of certain employees. Carry a bond on any staff person who has access to the center’s financial accounts and on persons permitted to sign checks or manage funds.

(6) Financial records and audits.

(a) Arrange for an annual audit report by a certified public accountant in accordance with department guidelines.

Note: For further information, contact the Department of Children and Families, Bureau of Finance, 201 W. Washington Avenue, P.O. Box 8916, Madison WI 53708-8916 or 608-422-7000.

(b) Establish and maintain an accounting system that enables a residential care center program to accurately report income and disbursements by the cost categories in the cost and service report in s. DCF 52.66 (1) (a).

(c) Be responsible for the secure and judicious use of the funds of the residential care center. Policies and practices shall be in accord with sound budgeting, disbursement, and audit control procedures.

(d) Maintain a system of business management and staffing to ensure complete and accurate accounts, books, and records are maintained.

(e) Provide the department with financial information about the residential care center upon request.

(7) Community advisory committee. Make a “good faith effort” to establish and maintain a community advisory committee, pursuant to s. 48.68 (4), Stats.

(8) Meeting with the department. Meet with the department at the department’s request.

(9) Keeping copies of written complaints, grievances. Keep copies of all written complaints and grievances received under ss. 48.745 and 51.61, Stats., and reports of investigations made and of resolutions of complaints and grievances.

(10) Notification of parents and department related to residents.

(a) Notify a resident’s parent or guardian, legal custodian, placing person or placing agency and the department as soon as possible of any injury requiring the resident’s hospitalization or causing the death of the resident or relocation of the resident off center licensed premises or any reported incident of abuse or neglect under s. 48.981, Stats.

(b) Report to the department on a form prescribed by the department within 24 hours after the death of a resident when reasonable cause exists to believe that the death was related to the use of a physical restraint or a psychotropic medication or was a suicide, as required under s. 48.60 (5) (a), Stats.

Note: The required forms are available in the forms section of the department website at http://dcf.wisconsin.gov or by writing or calling any field office listed in Appendix D.

Form number CFS2091, Child’s Death, Serious Injury or Egregious Incident Notification Form number CFS2146, Serious Incident Report Form number CFS2183, Residential Care Center Statutorily Reportable Death

(11) Fire reporting. Notify the department as soon as possible of any fire that requires the services of the fire department or incidents which require police intervention.

(12) Incident reporting. Provide a report in writing to the department describing the events leading up to and including the occurrence of any incident under sub. (10) (a) or (11), within 48 hours after occurrence of the incident. The center shall retain a copy of the report.

(13) Filing plan with department before closing. When the center is being closed, notify and file a plan with the department at least 60 days before the closing date for the placement of center residents. The plan shall include procedures for terminating operations and time limits for notifying parents or guardians and county departments or other agencies responsible for the residents in care.

(14) Other notifications and reporting required by department. Comply with all other notifications and reporting the department determines appropriate such as for an incident involving the death or serious injury of a resident, a serious incident involving law enforcement, a reported incident of child abuse or neglect, a suicide attempt by a resident or a medication error adversely affecting a resident.

(15) Liability insurance coverage. Carry general and professional liability insurance coverage with limits of not less than $250,000 per person, $500,000 per occurrence for bodily injury and $100,000 for property damage.

(16) Compliance with program statement and operating plan. Follow all policies and procedures in the center’s program statement and operating plan under s. DCF 52.41 (1) and as otherwise required in this chapter or required by the department to fulfill the intent of this chapter.

(17) Compliance with caregiver background check law. Ensure that the center complies with ch. DCF 12, relating to background information checks on persons who will have access to center residents, and not hire, contract with or otherwise retain a person to work in any position where the person would have direct, regular contact with residents, if the person because of a specified past action is prohibited from working with residents.

Note: Caregiver background check requirements are also in s. 48.685, Stats.

Note: Make all notifications to the department required under this subsection and send all reports and plans required under this subsection to the appropriate field office of the Division of Safety and Permanence listed in Appendix D.

(18) Inspections. Allow the department to visit and inspect the center and be given unrestricted access to the premises. During this inspection, a licensee shall provide all of the following:

(a) Any documentation of center operations requested by the department.

(b) Any resident records requested by the department.

(19) Requests for information. Respond promptly to requests for information from the department, a placing agency, or any other governmental agency with statutory authority to see the information.

(20) Current and accurate. Ensure that information that the licensee or center staff submits to or shares with the department, a placing agency, or any other governmental agency is current and accurate.

(21) Emergency procedures. Have written procedures for handling an emergency including all of the following:

(a) Calling in extra staff.

(b) Securing the assistance of law enforcement or emergency medical personnel.

(22) Disaster plan.

(a) File a disaster plan with the department and any placing agency that has placed a child in the center that would allow the department or placing agency to identify, locate, and ensure continuity of services to residents under the placement and care responsibility or supervision of the placing agency who are displaced or adversely affected by a disaster. The disaster plan shall include all of the following information:

Where a licensee, center staff, and residents would go in an evacuation, including one location in the nearby area and one location out of the area.
Phone numbers, electronic mail addresses, and other contact information for the licensee.
A list of items that the licensee or center staff will take if evacuated, including any medication and medical equipment for residents.
Phone numbers the licensee will call to check in with the department and placing agency.

(b) Review the disaster plan on a quarterly basis to ensure it is current and accurate. Document the quarterly review and provide the documentation to the department upon request.

(23) Department memos. Register to receive department memos on child welfare licensing and child welfare policy by electronic mail. A licensee shall submit a new registration if the licensee’s electronic mail address changes.

Note: Sign up for Child Welfare Licensing Memos at https://dcf.wisconsin.gov/cwlicensing/signup. Sign up for Child Welfare Policy Memos at https://dcf.wisconsin.gov/cwportal/sign-up.

(24) Non-discrimination. Ensure that the residential care center does not discriminate against a resident based on the resident’s race or cultural identification, sex, sexual orientation, age, color, creed, ancestry, national origin, disability, political affiliations, or religious beliefs.

History

Cr. Register, February, 2000, No. 530, eff. 9-1-00; corrections in (4) (b), (c), (16) and (17) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; EmR1106: emerg. r. and recr. (2), (6), cr. (18) to (24), eff. 9-16-11; CR 11-026: r. and recr. (2), (6), cr. (18) to (24) Register December 2011 No. 672, eff. 1-1-12; CR 14-054: am. (intro.) Register April 2015 No. 712, eff. 5-1-15; correction in (17) made under s. 13.92 (4) (b) 7., Stats., Register March 2018 No. 747.

Wis. Admin. Code § DCF 52.12 Personnel {#sec-dcf-52.12 omnilex-key=us-wi-regs-official--agency-dcf--DCF 52.12}

(1) Staffing.

(a) A center shall have all of the following personnel:

A director employed by the center who is responsible for center operations.
One or more social work case work supervisors responsible for assessment and supervision of case work, service coordination and case management activities of resident services case managers through resident treatment planning reviews, case staffings and treatment record reviews.
One or more resident services case managers responsible for individual and group counseling of residents and individual counseling of residents and their families along with case work efforts involving residents and their families in planning, implementing and coordinating services and resources.
One or more resident care worker supervisors responsible for supervising and assessing resident care workers as they interact with residents and provide for the day-to-day care and supervision of residents.
One or more resident care workers responsible for direct care, nurturing and supervision of the residents.
Staff responsible for the center’s recreation program.
Staff responsible for educational services when the center has an on-grounds education program.

(b) A center shall have the following services available for residents, either provided by professionals on staff or under agreement with professionals who are consultants for the center:

Health care needs assessment and supervision of the delivery of center health care services by a physician.
Dental care needs assessment by a dentist.
Services of a psychologist licensed under ch. 455, Stats., or a psychiatrist.
Services of other appropriately qualified professionals such as speech communication or hearing impairment specialists or occupational or physical therapists as necessary to carry out resident treatment plans.

Specify the worker’s routine and regular hours.
Not allow for the regular scheduling of more than 40 hours of direct care responsibilities with residents each week, exclusive of resident sleeping time, or more than 50 hours per week exclusive of resident sleeping time when the resident care worker is covering for sick leave, vacations, resignations or terminations of other staff.
Allow each resident care worker working longer than an 8 hour shift to have at least 15 minutes of free time during each additional 2 hour period.

(2) Staff qualifications. Staff hired or contracted for on or after September 1, 2000, to carry out the responsibilities under sub. (1) (a) shall have the following qualifications:

(a) The center director under sub. (1) (a) 1. shall be an employee of the center, have a bachelor’s degree from a college or university in business or public administration or a social or behavioral science or in a social services or human services field and have 2 years of successful related work experience in administration or supervision.

(b) The social work case work supervisor under sub. (1) (a) 2. shall be an employee of the center, have a master’s degree in social work from a school of social work or in a behavioral science with 2 years of supervised work experience in a family or child welfare agency, have experience in working with the kind of populations the center serves and provide evidence of supervisory knowledge and skills.

(c) The resident services case manager under sub. (1) (a) 3. shall have education and experience which are specifically related to the client population to be served. That education and experience shall consist of the following for the type of population served:

Under this subdivision social or behavioral science field includes a degree in social work, sociology, psychology, speech communication or special education with certification for emotional disturbance or learning disabilities. For work with residents who are receiving services primarily for correctional aftercare or emotional disturbance, the resident services case manager shall have one of the following qualifications:

a. A master’s degree in a social or behavioral science field with field work experience or employment experience working with children or families.

b. A bachelor’s degree in a social or behavioral science field and either 2 years of employment experience in human services counseling involving children and families or at least 500 hours of supervised family or child contact therapy hours.

Under this subdivision a social or behavioral science field includes a degree in those fields specified under subd. 1. For work with residents who are receiving services primarily for alcohol or drug problems, the resident services case manager shall have one of the following qualifications:

a. A bachelor’s degree in a social or behavioral science field and Wisconsin certification as an alcohol and drug counselor or meeting the qualifications of a registered alcohol and drug counselor I from the Wisconsin alcohol council certification board.

b. An advanced professional degree in a social or behavioral science field from a college or university with at least 6 credits in courses offering content in alcohol and drug abuse treatment and counseling practicum or field experience.

c. A bachelor’s degree in a social or behavioral science field from a college or university and 6 credits in courses offering content in alcohol and drug abuse treatment and counseling practicum or field experience.

d. A bachelor’s degree in a social or behavioral science field from a college or university and 2 years of experience working with children in alcohol and drug abuse counseling.

For work with residents who are receiving services primarily for a developmental disability, the resident services case manager shall have the following education and experience qualifications:

a. A degree in a social or behavioral science field. Under this subd. 3. a. a social or behavioral science field includes a degree in social work, sociology, psychology, speech communication, special education, physical therapy or occupational therapy.

b. Specialized training or one year of employment experience in treating or working with developmentally disabled persons.

(d) The resident care worker supervisor under sub. (1) (a) 4. shall be an employee of the center and meet one of the following qualifications:

Possess the qualifications described under par. (c) for working with the type of population served.
Have 3 years of experience in public or private institutional child care for the type of population the center serves, and have one year of experience as a supervisor or satisfactory completion of at least one course for credit in supervisory skill development and personnel management or have 40 hours of documented in-service training involving supervisory skill development and personnel management.
Have 2 years of experience in licensed institutional child care and be certified as a child and youth care worker meeting standards of the national organization of child and youth care workers association.

(e) A resident care worker under sub. (1) (a) 5. shall be an employee of the center, have a high school diploma or equivalent and be at least 18 years old and at least 2 years older than the oldest resident. The resident care worker shall also meet one of the following qualifications:

Have a bachelor’s or associate degree from a college or university with a focus on child and youth care work or in a social or behavioral science field.
Have at least one year of successful experience working in a recognized child welfare residential setting for the type of resident population served by the center.
Be certified as a child and youth care worker under the standards of the national organization of child and youth care workers association or other department-recognized certifying authority.
Have completed a supervised traineeship program under sub. (5) (g).

(f) A person under sub. (1) (a) 6. responsible for center recreational programming under s. DCF 52.41 (4) shall meet the qualifications of a resident care worker under par. (e) and have demonstrated proficiency and at least 3 months experience conducting activities in one or more recreational program areas appropriate for populations served by the center.

(g) Education staff under sub. (1) (a) 7., shall meet Wisconsin department of public instruction qualifications for the students served.

(h) Each staff person working for a center shall, where a college or university degree is required under this subsection, have the degree from an accredited college or university.

Note: For a list of accredited institutions of higher education in the Midwest, see “NCA Quarterly - Accredited Institutions of Post-Secondary Education” available from the North Central Associates of Colleges and Schools, 159 North Dearborn St., Chicago, Illinois 60601.

(i) A center that hires or contracts for staff not identified under sub. (1) (a) having direct care or service involvement with residents shall, for those staff, also meet the requirements for employment applications under sub. (3), job descriptions and standards and confidentiality notification under sub. (4), staff training under sub. (5), staff supervision under sub. (6), child abuse and neglect reporting under sub. (9) and personnel records under sub. (10).

(3) Employment applications and general qualifications.

(a) Before a center hires or contracts for any new staff, the center shall verify and document the qualifications of applicants considered for employment or service.

(b) A center shall require an applicant for employment to complete and sign an application form. From the required application materials, the center shall obtain:

The names of 2 persons not related to the prospective staff person who can vouch for the good character of the prospective staff person.
Employment references. The center shall verify that the applicant was employed by persons listed as employers during the past 5 years.
A completed background information disclosure form and background record checks as required under s. 48.685, Stats., and ch. DCF 12.

Note: DCF-F-2978-E, Background Information Disclosure, is available in the forms section of the department’s website at https://dcf.wisconsin.gov/ or by writing or telephoning any field office listed in Appendix D.

Educational background information.

(c) Upon receipt of an application, a center shall check references either by letter or phone and shall document the date of contact, the person making the contact and the person contacted and shall summarize the conversation concerning the character and experience of the person that would permit a judgment to be made about hiring or contracting, and what the relationship of the reference is to the prospective staff person or how the reference knows that person.

(d) The center shall comply with the background records check provisions under ch. DCF 12 for the hiring or contracting of center staff who will have access to residents, including, as applicable, not hiring or contracting with a person to work in any position where the person would have direct, regular contact with residents if the person answers “yes” to any question on the DCF-F-2978-E background information form which would bar that person.

Note: Caregiver background check requirements are also in s. 48.685, Stats.

Note: Refer to s. DCF 52.62 (1), General Conditions for Approval of License, with regard to the applicant or licensee being found fit and qualified to provide care to children.

(e) A center shall require that each staff person before working with residents present a statement from a physician covering at least the areas included in a form prescribed by the department indicating that the staff person does not have a communicable disease, illness or disability that would interfere with the staff person’s ability to work with or care for residents.

Note: Form CFS0384, Child Welfare Facility Staff Health Report, is available in the forms section of the department website at http://dcf.wisconsin.gov or by writing or calling any field office listed in Appendix D.

(f) All staff shall have the ability and emotional stability to carry out their assigned functions and duties. Center staff whose behavior or mental or physical condition gives reasonable concern for safety of residents may not be in contact with residents in care. If, at any time, a center suspects or has reason to believe that the physical or mental health of a center employee or other person on the premises may pose a threat to the health, safety, or welfare of a resident in care, the center shall require an alcohol or drug abuse assessment or a physical or mental health evaluation of the person.

(4) Job descriptions and standards. A center shall provide each new staff member under sub. (1) (a) or (2) (i) with all of the following materials and place copies dated and signed by the staff member in the staff member’s personnel record:

(a) A job description specifying the staff member’s roles and responsibilities.

(b) Individual performance standards, including expected staff conduct toward residents.

(d) A statement calling attention to requirements under s. 48.78 or 938.78, Stats., and s. 51.30, Stats., for maintaining resident confidentiality.

(5) Staff training.

(a) Approved by department. At the time of initial licensure and every 2 years thereafter, a center, prior to implementing training required under this subsection, shall submit to the department, for approval, a description of the process and content of orientation and initial training, including the number of training hours for all new staff who work with residents and a plan for establishing and meeting ongoing training needs for all staff who work with residents.

(b) Orientation. Before a new staff member is permitted to work independently with residents, the center shall provide orientation training for the new staff member covering at least all of the following areas:

Overall center philosophy and program goals.
Organization and management of the center, including administrative procedures.
The nature of residents’ emotional and physical needs.
Expected staff conduct toward residents, expected resident conduct, the center’s house rules for residents required under s. DCF 52.42 (3) (f) and center behavior management techniques.
Observing and reporting resident behavior.
Resident rights and grievance procedures.
Identification and reporting of child abuse and neglect.
Laws on confidentiality of personally identifiable information.
Center procedures for reporting missing persons.
Fire safety and evacuation procedures.
Emergency medical procedures and center emergency security measures and procedures.
Sanitation and hygiene practices including the nature, causes, transmission and prevention of hepatitis B, human immunodeficiency virus (HIV) and acquired immunodeficiency syndrome (AIDS) and the legal, social and psychological aspects of those conditions.

(c) Initial training. A center shall document that a new staff member who works with residents has already received training in the following areas or the center shall provide at least 40 hours of training covering those subjects within 6 months after the staff member begins work at the center:

Developmental care.
Creating a therapeutic milieu.
Human sexuality.
Teamwork.
Working with groups.
Emergency safety intervention.
Family relationships and the impact of separation from the family.
Suicide prevention, including identification of signs and center response measures.
Fire safety and evacuation, with training provided by a Wisconsin vocational, technical and adult education college.
Sensitivity to racial and cultural differences among residents.

(cm) Automated external defibrillator training. A residential care center for children and youth shall have in each building housing residents when those residents are present at least one staff member who has current proficiency in the use of an automated external defibrillator, as defined in s. 256.15 (1) (cr), Stats., achieved through instruction provided by an individual, organization, or institution of higher education that is approved under s. 46.03 (38), Stats., to provide such instruction.

(d) Working with monitor. A newly hired resident care worker who meets one of the qualifications under sub. (2) (e) 1. to 3. may not assume independent responsibility for residents until completing 80 hours of work with residents during which assistance and guidance is provided by an experienced center resident care worker.

(e) Educational program orientation. A center shall provide orientation training on the center’s educational program required under s. DCF 52.41 (1) (b) to center staff responsible for resident educational services before staff provide those services to residents.

(f) Continuing training. A center shall provide or arrange for continuing training for staff so that staff competencies necessary to meet the needs of residents are maintained and enhanced. The center shall do all of the following:

Determine continuing training needs through staff performance reviews and assessments.
Provide or arrange for at least 24 hours of continuing training annually for every staff member working with residents. Training provided or arranged by the center under pars. (b) and (c) may be counted towards the required 24 hours of annual training but not training received by a staff member from a previous employer.

(g) Traineeship.

The center shall establish a traineeship for a new resident care worker who is not otherwise qualified under sub. (2) (e) 1. to 3. The trainee shall be required to work with an experienced resident care worker for at least the first 160 hours of work with residents.
When a traineeship program required under sub. (2) (e) 4. has been completed, the center shall note this in the resident care worker’s personnel record. Documentation shall include the beginning and ending dates of the traineeship, the name of the experienced staff member who worked with the trainee and assessment of the strengths and competencies of the resident care worker by the resident care worker supervisor.
If, as part of the traineeship, the topics under par. (c) are covered, this training may be counted towards meeting the requirement under par. (c).

(gm) RPPS decision makers. A center shall ensure that an individual specified in s. DCF 52.415 (2) (b) successfully completes training on the application of the reasonable and prudent parent standard prior to making reasonable and prudent parenting decisions.

(h) Documentation of training. A center shall document in each staff member’s personnel record all orientation and training received by the staff member. Documentation shall include dates of training and who provided the training.

(6) Staff supervision.

(a) A center shall provide for appropriate supervision of staff as follows:

There shall be at least one full-time equivalent social work case work supervisor as described under sub. (1) (a) 2. for no more than 8 full-time resident services case manager staff under sub. (1) (a) 3.
There shall be at least one full-time equivalent resident care worker supervisor as described under sub. (1) (a) 4. for no more than 8 full-time equivalent resident care workers under sub. (1) (a) 5.
The center director or professional designee shall supervise the remaining staff and consultant and service staff under subs. (1) and (2) (i).
The center director shall ensure that when a supervisor is absent, each staff member supervised by that person knows to whom the staff member reports.

(b) Staff supervision shall include both of the following:

A written performance review and assessment of a staff member at least once in the staff person’s first 6 months with the center and annually thereafter.
Filing a copy of the performance review and assessment and any written response of the staff person to it in the staff person’s personnel record.

(7) Volunteers and student interns. A center that accepts unpaid college students on field placement or volunteers to provide services to residents shall do all of the following:

(a) Verify the individual’s qualifications to work with residents through character reference checks and background verification and a signed statement under sub. (3) (b) and (c), a caregiver background records check under sub. (3) (d) and a physician’s statement under sub. (3) (e).

(b) Maintain a list of volunteers and students on field placement working in the center and have a written description of the job responsibilities of each. The center shall provide a copy of a particular student’s or volunteer’s job responsibilities to the student or volunteer. The description shall include the following:

A statement of the purpose of the student’s or volunteer’s involvement, role and responsibilities.
Identification of a staff member meeting, at minimum, the requirements under sub. (2) for a resident care worker who will supervise the student or volunteer.
An indication of the extent to which the student or volunteer will be able to contribute to development of a resident’s service plan or plan progress reviews.

(d) Have each student or volunteer sign a department-provided statement acknowledging the student or volunteer’s responsibility for reporting any suspected child abuse and neglect under sub. (9) and for maintaining confidentiality of resident record information in accordance with s. 48.78 or 938.78, Stats., and s. 51.30, Stats.

(e) Maintain a personnel record on each student and volunteer. The record shall contain the documentation required in this subsection. The center shall maintain the record for 5 years after last date of service.

(f) Follow a policy of not using volunteers or students to replace staff required under sub. (1).

(8) External professional services.

(a) A center may contract for or otherwise arrange for professional services not provided by the center when necessary for implementation of a resident’s treatment plan. If a center does contract for or otherwise arrange for external professional services, the center shall do all of the following:

Maintain a list of all external professional service providers.
Require that each external professional service provider have the appropriate license or certification.
Require that each external professional service provider provide written reports to the center on the resident’s progress.

(b) A center arranging for an outside specialist or consultant to treat or advise about treating a dysfunctional behavior or condition of a resident shall notify the resident’s placing person or agency in writing if the outside specialist or consultant states that the resident needs follow-along and support services. The center shall inform the placing person or agency of specialist or consultant recommendations for the resident including the needs, types of follow-along or support services and the amount of recommended time needed for those efforts. Center staff shall document the recommendations and notification in the resident’s treatment record.

(9) Child abuse and neglect reporting.

(a) A center shall at all times protect residents from abuse or neglect.

(b) A center shall require each staff member, student intern and volunteer to read and sign a statement provided by the department which describes the individual’s responsibility to report suspected child abuse or neglect as required under s. 48.981 (2) and (3), Stats.

Note: Form number CFS2172, Residential Care Center Child Abuse and Neglect Reporting and Confidentiality Responsibilities, is available in the forms section of the department website at http://dcf.wisconsin.gov or by writing or calling any field office listed in Appendix D.

(c) A center shall have written policies and procedures for reporting to the appropriate local county social or human services department or law enforcement agency when there is reasonable cause to suspect that a child has been abused or neglected. The policies and procedures shall include:

Notifying the child’s placing person or agency and the department licensing representative of possible abuse or neglect and the basis for that suspicion.
Meeting reporting requirements in s. 48.981 (2) and (3), Stats.
Prohibiting imposition of a sanction or any reprisal against a person for reporting suspicion of child abuse or neglect.

(d) When child abuse or neglect is reported, the center shall take necessary steps to protect the resident until a finding is made.

(10) Personnel records.

(a) General personnel records. A center shall maintain a personnel record for each staff member under subs. (1) (a) and (2) (i). The record shall contain, at minimum, the following information:

The staff member’s application for employment under sub. (3) (b).
Copies of the staff member’s job description and the performance standards and conduct expectations relating to that job required under sub. (4) (a) and (b).
Documentation of information obtained from a staff member’s references required under sub. (3) (c).
The department-prescribed background information disclosure form, signed as required under sub. (3) (d).
A history of the staff member’s employment at the center, with starting and ending dates for each position.
A copy of the signed department form under sub. (4) (c) for reporting suspected child abuse and neglect.
A copy of the background records checks required under sub. (3) (d).
A copy of the statement under sub. (4) (d), signed by the staff member, about the need to maintain confidentiality of personally identifiable information about residents.
Copies of completed performance reviews and assessments under sub. (6) (b).
A description of training received under sub. (5) (h).
Authorization to administer medications, if applicable, as required under s. DCF 52.46 (2) (a) 3.
For RPPS decision makers, documentation of the training under sub. (5) (gm).

(b) Health record. A center shall separately maintain a health record for each staff member containing health history, any physical or mental health evaluation under sub. (3) (f) and the physician’s statement required under sub. (3) (e).

(c) Retention. A center shall maintain the personnel file of each staff member for 5 years after the date on which the staff member terminates employment with the center.

(11) Staff housing. A residential care center may not house children of staff with residents.

History

Cr. Register, February, 2000, No. 530, eff. 9-1-00; corrections in (2) (f), (3) (b) 3., (d), (5) (b) 4., (e) and (10) (a) 11. made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; EmR1106: emerg. cr. (5) (cm), (11), eff. 9-16-11; CR 11-026: am. (3) (e), (5) (c) 6., cr. (5) (cm), (11) Register December 2011 No. 672, eff. 1-1-12; CR 14-054: am. (8) (b) Register April 2015 No. 712, eff. 5-1-15; EmR1633: emerg. cr. (5) (gm), (10) (a) 12., eff. 11-18-16; CR 16-051: cr. (5) (gm), (10) (a) 2. Register July 2017 No. 739, eff. 8-1-17; correction in (12) (c) 3. a. made under s. 35.17, Stats., Register September 2017 No. 741; correction in (3) (b) 3., (d) made under s. 13.92 (4) (b) 7., Stats., Register March 2018 No. 747; CR 21-107: am. (6) (a) 4. Register June 2022 No. 798, eff. 7-1-22.

Wis. Admin. Code § DCF 52.13 Administrative records {#sec-dcf-52.13 omnilex-key=us-wi-regs-official--agency-dcf--DCF 52.13}

(1) Types of records. A licensee shall assemble and maintain all of the following administrative records:

(a) A document describing the governing structure of the center and, if they exist, the charter, articles of incorporation and by-laws of the governing body.

(b) The names and positions of persons authorized to sign agreements and submit official documentation concerning the center to the department.

(d) Audit reports required under s. DCF 52.11 (6), retained for 5 years.

(e) Incident reports under s. DCF 52.11 (12) of a fire or other disaster, retained for 5 years.

(f) Copies of general and professional liability insurance policies required under s. DCF 52.11 (15).

(g) The list required under s. DCF 52.12 (8) (a) 1. of all external professional service providers the center uses.

(h) Personnel records under s. DCF 52.12 (10), retained for 5 years after the employee leaves the center.

(i) The center’s program statement and operating plan and updates to it required under s. DCF 52.41 (1), and as otherwise required under s. DCF 52.58 (3) or 52.59 (4), as well as copies of current written policies and procedures otherwise required by this chapter.

(j) Menus for the last 30 days as required under s. DCF 52.44 (3) (b).

(k) Driver records required under s. DCF 52.47 (4) for center drivers.

(L) Documentation required under s. DCF 52.44 (4) (d) of annual in-service training of food service personnel.

(m) Copy of vehicle insurance liability policy required under s. DCF 52.47 (6) (a) 1. and vehicle safety inspection forms required under s. DCF 52.47 (6) (a) 1.

(n) Police accident reports under s. DCF 52.47 (7).

(o) Reports of building inspections required under s. DCF 52.51 (1) (b) and construction approvals required under s. DCF 52.51 (1) (c), retained for 5 years.

(p) Records of fire drills, center fire inspections, smoke detector tests and sprinkler system inspections required under s. DCF 52.55 (2) (b), (3), (4) (c) and (7) and annual heating system inspection and service reports required under s. DCF 52.56 (2) (b), retained for 5 years.

(q) Water sample test results under s. DCF 52.56 (1) and records of tornado practice exercises required under s. DCF 52.56 (23) (c), retained for 5 years.

(r) Copies of all need determination documentation and approvals within the past 5 years under s. DCF 52.61.

(2) Records maintained on-site. The administrative records listed under sub. (1) (c), (e), (g) to (k), (n), (p) and (q) shall be maintained on-site at the center location to which they apply.

History

Cr. Register, February, 2000, No. 530, eff. 9-1-00; corrections in (1) (c) to (r) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635.

Subchapter III Admission, Treatment and Planning and Discharge

Wis. Admin. Code § DCF 52.21 Admission {#sec-dcf-52.21 omnilex-key=us-wi-regs-official--agency-dcf--DCF 52.21}

(1) Policies and procedures. A center shall have written resident admission policies and procedures that describe the primary presenting problems and range of behaviors of residents which the center will treat and center procedures for admitting a resident. Before a prospective resident is admitted to a center, center professional staff shall evaluate the needs of the prospective resident using information and procedures described in the agency program statement and operating plan and determine whether the center is able to meet the identified needs of the prospective resident.

(2) Admission screening report. Center professional staff shall complete a written, dated and signed admission screening report on a resident which includes a preadmission review and identification of the prospective resident’s primary presenting problems and a statement recommending reasons for or against admission based on the ability of the center to meet the prospective resident’s needs.

(3) Conditions. A center may admit a prospective resident if the center can meet the prospective resident’s needs, as determined by the admission screening report under sub. (2) and if the following conditions are met:

(a) Interstate placements. In accepting a prospective resident from outside the state of Wisconsin, the center has received prior written approval under the interstate compact on the placement of children under s. 48.988, Stats., and has received information on the prospective resident’s social, medical and educational history.

(b) Child under age 7. In admitting a child age 6 or under, the center has received prior written approval from the department. A center shall meet any additional requirements determined appropriate by the department for the care and treatment of a child age 6 or under.

(d) Serving children 18 years of age or over, but under 21 years of age. In admitting residents age 18 or over:

The center has a license to provide care and maintenance to a resident of that age, sex, and population type.

Note: A current licensee may request an amendment to serve a resident population that is 18 years of age or over, but under 21 years of age, and is transitioning to independence under s. DCF 52.62 (4) (d).

The center program statement under s. DCF 52.41 (1) describes how all of the following are achieved:

a. Center program compatibility among residents.

b. Age appropriate grouping in center activities and living arrangements.

c. Transition-to-independence planning.

(4) Service contracts. As permitted under s. 48.61 (2), Stats., a center may enter into a contract with a prospective resident’s parent or guardian or a contract or other agreement with the prospective resident’s legal custodian or placing person or agency, if not the same, for the center to provide services for a person admitted to the center. The center shall maintain all service contracts and agreements for a resident either in the resident’s treatment record or in an administrative record. A contract or other agreement shall include all of the following:

(a) Expectations and responsibilities of both parties, including a clear division of responsibility and authority between the center and the parent or guardian, legal custodian and placing person or agency, if not the same, for decisions on resident treatment plan services and activities, including any changes in them, both inside and outside the center, as described in the resident’s treatment plan under s. DCF 52.22 (2) (b).

(b) The financial arrangements for the resident, and provision for periodic review of case plan progress under s. DCF 52.22 (3).

(5) Informed consent for medical and dental services.

(a) Before a center may admit a prospective resident, the center shall obtain written, signed informed consent that gives the center health care consultant or resident’s physician the following authority:

Authority to order or provide to the resident routine medical services and procedures, including scheduled immunizations and dental services and non-prescription and prescription medications.
Authority to delegate and supervise administration of medications by center-authorized staff and for staff to handle and provide the medication to the resident and observe self-administration of the medication by the resident.
Authority to obtain other medical information on the resident.
Authority to provide or order when there is a life-threatening situation, emergency medical procedures, including surgery, when it is not possible to immediately reach the person or authority authorized to give signed written specific informed consent.

(b) The consent under par. (a) does not cover administration of psychotropic medications, major surgery not of an emergency nature or major dental work. Consent for these shall be obtained in accordance with the provisions of this chapter.

(6) Pre-placement visit. A center shall arrange, whenever possible, with the placing person or agency for a pre-placement visit for the prospective resident and, whenever possible, shall invite the parent or guardian to participate. During a pre-placement visit, center staff shall provide the prospective resident and the prospective resident’s parent or guardian with an orientation to the center’s program.

(7) Adjustment facilitation. At the time of admission, center staff shall do all of the following:

(a) Orient the new resident and the resident’s parent or guardian and legal custodian to the center’s facilities and program, if this was not done under sub. (6).

(b) Help the new resident to adjust to the effects of separation from family and to center placement.

(c) Give the new resident and the resident’s parent or guardian and legal custodian copies of the house rules, including rules on visiting, expected behavior and sanctions for misbehaving and resident rights and grievance and complaint procedures, with explanations of them.

(8) Health screening.

(a) Examination. Upon admission of a new resident, a center shall do one of the following:

Obtain either from a certified HealthCheck provider or licensed physician the results of a physical examination of the young person comparable to a comprehensive HealthCheck screening, that has taken place within one year before admission, and from a licensed dentist the results of a dental examination of the young person that was done within one year before admission.
Arrange for a health examination of the new resident to take place within 2 working days after admission, and a dental examination to take place within 90 days after admission. The health examination shall cover the areas prescribed in a form provided by the department.

Note: Copies of the Department’s age-appropriate HealthCheck examination forms can be obtained from any local public health agency, from the Department’s website at http://dhs.wisconsin.gov/forms/FtoM.asp or by writing or telephoning any field office listed in Appendix D.

(b) Observation. An observation shall be made on each person at the time of admission to the center by a person capable of recognizing common signs of communicable disease or other evidence of ill health. If the person admitted shows overt signs of communicable disease or other evidence of ill health, the center shall make arrangements for immediate examination by a physician. If the person admitted has a risk of having a sexually transmitted disease because of recent sexual abuse history or sexual activity, the center shall immediately consult with a physician and follow whatever precautionary measures are recommended by the physician and shall make arrangements for examination by a physician to take place as soon as possible.

(9) Register. The center shall maintain a register of all residents. The register shall contain the date of admission and resident identifying information including name, birthdate, sex, the name and address of the placing person or agency and the name and address of a parent or guardian and legal custodian or, if the resident is 18 years of age or over, the name and address of the lawful placing authority and the name of the resident’s guardian, if applicable. If the resident is from another state, the register shall also identify the state.

History

Cr. Register, February, 2000, No. 530, eff. 9-1-00; corrections in (3) (d) 1., 2., (4) (a) and (b) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; EmR1414: r. and recr. (3) (d) (title), 1., am. (3) (d) 2. a., r. and recr. (3) (d) 2. c., am. (9), eff. 8-1-14; CR 14-054: r. and recr. (3) (d) (title), 1., am. (3) (d) 2. a., r. and recr. (3) (d) 2. c., am. (9) Register April 2015 No. 712, eff. 5-1-15; correction in (1) made under s. 13.92 (4) (b) 1., Stats., Register March 2018 No. 747; CR 21-107: am. (6), (7) (a) to (c), (8) (b) Register June 2022 No. 798, eff. 7-1-22.

Wis. Admin. Code § DCF 52.22 Assessment and treatment planning and review {#sec-dcf-52.22 omnilex-key=us-wi-regs-official--agency-dcf--DCF 52.22}

(1) Timeliness. Within 30 days after resident center admission, center professional staff and, as necessary, outside consultants, shall conduct an initial assessment of the resident’s treatment and service needs and, based on that assessment, shall develop for the resident a written treatment plan. In developing the treatment plan, center staff shall, if possible, involve all of the following:

(a) The placing person or agency.

(b) Resident care worker staff who work with the resident.

(d)

If the resident is under age 18, the resident’s parents or guardian and legal custodian, if any, and other persons important to the resident.
If the resident is 18 years of age or over, other authorities or agencies involved in the resident’s placement; the resident’s guardian, if any; and, with the resident’s consent, other persons important to the resident.

(2) Assessment and treatment plan development.

(ag) The treatment plan for a new resident shall be based on the initial assessment under sub. (1) (intro.) and incorporate information documented on the forms required under ch. DCF 37.

Note: The forms required under ch. DCF 37 are DCF-F-872A-E, Information for Out-of-Home Care Providers, Part A and DCF-F-872B-E, Information for Out-of-Home Care Providers, Part B. Both forms are available in the forms section of the department website at http://dcf.wisconsin.gov or by writing the Division of Safety and Permanence, P.O. Box 8916, Madison, WI 53708−8916.

(am) The treatment plan for a new resident shall address all of the following:

Behavioral functioning.
Psychological or emotional adjustment.
Personal and social development.
Familial relationships and family history.
Medical and health needs as indicated by the health screening under s. DCF 52.21 (8).
Educational and vocational needs.
Independent living skills and adaptive functioning.
Recreational interests and abilities.

(b) The treatment plan shall be time-limited, goal-oriented and individualized to meet the specific needs of the resident as identified from the assessment and shall include all of the following components:

The resident’s treatment goals and permanency planning goals which specify whether the resident is to return as quickly as possible to the resident’s family or attain another placement providing long-term stability.
A statement of behavioral or functional objectives that specifies behaviors to be changed, eliminated or modified, and includes projected achievement dates, with measurable indicators or criteria for monitoring progress and assessing achievement of treatment goals. The statement shall identify all staff responsible for working with the resident in achieving the objectives.
Conditions for discharge of the resident.
When applicable, a description of any specialized service contracted by the center for the resident under s. DCF 52.12 (8).
Identification of services and their arrangements on behalf of the resident and the resident’s family.

(c)

A treatment plan shall be dated and signed by center staff who participated and by the placing person or agency when participating.
A copy of the center’s dated and signed treatment plan shall be provided to the resident’s placing person or agency and upon request, anyone else participating in the treatment planning process.

(3) Implementation and review.

(a) A resident’s services case manager shall coordinate, monitor and document the following in the resident’s treatment record during implementation of the resident’s treatment plan:

Assessment of the resident’s progress in response to treatment, in dated summary form, using criteria found in the resident’s treatment plan.
Significant events relating to implementation of the resident’s treatment plan.

(b) At least once every 3 months, the center shall conduct a treatment plan review that includes a review of reasonable and prudent parenting requests and decisions made for a resident and the resident’s progress toward meeting treatment plan goals. If available, the individuals who participated in the development of the resident’s assessment and treatment plan shall be invited to participate in the review.

(bm) The center shall conduct a treatment plan review and revise the treatment plan as needed, consistent with the resident’s needs, treatment plan goals, and the permanency planning goals of the placing person or agency.

(c) Center staff shall record in the resident’s treatment record the results of all treatment plan reviews, the date of each review and the names of participants.

History

Cr. Register, February, 2000, No. 530, eff. 9-1-00; corrections in (2) (a) 5. and (b) 4. made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; EmR1414: emerg. renum. (1) (d) to (1) (d) 1., 2. and am., eff. 8-1-14; CR 14-054: renum. (1) (d) to (1) (d) 1., 2. and am. Register April 2015 No. 712, eff. 5-1-15; EmR1633: emerg. renum. (2) (a) to (2) (am) and am. (2) (am) (intro.), cr. (2) (ag), r. and recr. (3) (b), cr. (3) (bm), eff. 11-18-16; CR 16-051: renum. (2) (a) to (2) (am) and am. (2) (am) (intro.), cr. (2) (ag), r. and recr. (3) (b), cr. (3) (bm) Register July 2017 No. 739, eff. 8-1-17; CR 21-107: am. (2) (b) 1., 5. Register June 2022 No. 798, eff. 7-1-22.

Wis. Admin. Code § DCF 52.23 Discharge and aftercare {#sec-dcf-52.23 omnilex-key=us-wi-regs-official--agency-dcf--DCF 52.23}

(1) Policies and procedures. A center shall have written policies and procedures which explain the process for discharge of a resident. Those policies and procedures shall ensure that center professional staff document and date in the resident’s treatment record all of the following:

(a) That center professional staff have attempted involvement of the resident, if able to understand, and the resident’s parents or guardian and legal custodian, if any, and placing person or agency, if different, in developing the plan for aftercare.

(b) That center professional staff have prepared in writing, at least 30 days before the planned discharge of the resident, an aftercare plan for the resident that includes all of the following:

Identification of persons and agencies participating in development of the aftercare plan.
Recommendations for continuing or additional services and identification of service providers.
The name, address and telephone number of the person or agency to receive the former resident upon discharge and the relationship, if any, of the former resident to that person or the head of that agency.

(c) That center professional staff have provided copies of the aftercare plan to the resident, if able to understand, and the resident’s parents, guardian and legal custodian and placing person or agency if not the same.

(2) Preparation for discharge.

(a) The center shall document in the resident’s treatment record efforts made by center staff to prepare the resident and the resident’s family for discharge including but not limited to, discussing with them their feelings about becoming a family unit again or, where applicable, efforts to help the resident and resident’s family adjust to a different placement or living arrangement.

(b) Each resident who has not had a health examination within the periodicity schedule of the medical assistance HealthCheck program shall have a complete health examination before discharge.

(3) Discharge summary. The center shall send to the placing person or agency within 30 days following the resident’s discharge a copy of the former resident’s discharge summary and place a copy in the former resident’s treatment record. The discharge summary shall include all of the following:

(a) The date and reason for discharge.

(b) A summary of services provided during care.

(d) A description of remaining needs.

(4) Additional provisions for residents from out-of-state. The center shall notify the department’s interstate compact office at the end of each month of all out-of-state resident discharges from the center for that month, who received each resident at discharge and the destination of the resident at discharge.

Note: Mail or fax written information of the above to: Department of Children and Families, Interstate Compact on Placement of Children, Division of Safety and Permanence, 201 W. Washington Avenue, P.O. Box 8916, Madison, WI 53708-8916. The fax number is (608) 422-7170 - attn. ICPC.

History

Cr. Register, February, 2000, No. 530, eff. 9-1-00; CR 21-107: am. (2) (c) Register June 2022 No. 798, eff. 7-1-22.

Subchapter IV Resident Rights

Wis. Admin. Code § DCF 52.31 Resident rights and grievance procedure {#sec-dcf-52.31 omnilex-key=us-wi-regs-official--agency-dcf--DCF 52.31}

(1) Applicability.

(a) Residents receiving services for a mental illness, alcohol or drug abuse or a developmental disability have the patient rights under s. 51.61, Stats., and ch. DHS 94 and shall have access to grievance resolution procedures that meet standards set out in subch. III of ch. DHS 94. Other residents receiving treatment services under this chapter who are not specifically identified as coming under s. 51.61, Stats., and ch. DHS 94 shall have rights that are comparable and access to grievance resolution procedures that are comparable.

(b) A resident’s rights under this section are subject to the rights, duties and responsibilities of the resident’s parent or guardian and legal custodian, if any. A resident’s rights are also subject to the terms and conditions of any court order or other lawful authority governing the conduct of the resident and subject to any limitations or denial of a right allowed under s. 51.61, Stats., ch. DHS 94 and this section.

(c) Center staff at the time of a resident’s admission or within 48 hours after admission shall give the resident, if able to understand, and the resident’s parents or guardian and legal custodian, if any, an explanation, both orally and in writing, of resident rights under s. 51.61, Stats., ch. DHS 94 and this section.

(2) Compliance assurance. The center director shall ensure that all staff who work with residents are aware of the requirements of this section. The director shall also ensure that staff are aware of the requirements of s. 48.78 or 938.78, Stats., s. 51.30, Stats., and ch. DHS 92 on confidentiality and s. 51.61, Stats., and ch. DHS 94 on patient rights and the rights otherwise accorded under this section and the criminal and civil penalties for violating those statutes and rules. The rights and grievance procedures shall be posted in a conspicuous location in each living unit in the center.

History

Cr. Register, February, 2000, No. 530, eff. 9-1-00; corrections made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635.

Subchapter V Program Operation

Wis. Admin. Code § DCF 52.41 Center program {#sec-dcf-52.41 omnilex-key=us-wi-regs-official--agency-dcf--DCF 52.41}

(1) Program statement and operating plan. Each center shall have a written program statement describing center treatment purpose, philosophy, approach and methods used, and services available, as well as a written operating plan describing available treatment and services as specified under pars. (a) to (d). A center shall give a copy of the current center program statement and, upon request, the center operating plan, and all updates, to each resident’s placing person or agency and, if not the same, the resident’s parents or guardian and legal custodian, if any. A center’s operating plan shall describe all of the following:

(a) Treatment. Treatment program policies and procedures covering all of the following:

Treatment purpose, philosophy and services.
Qualifications of staff responsible for planning and carrying out treatment procedures.
The population served by age and sex and by type, such as developmentally disabled, emotionally disturbed, alcohol or drug abusing, transitioning to independence, juvenile delinquent or correctional aftercare, and the range or types of behaviors or conditions for which the center’s treatment procedures and techniques are appropriate.
Pre-screening procedures used for determining appropriateness of admission.
Procedures used to involve the resident and the resident’s parents or guardian and legal custodian, if any, in resident assessment and treatment planning including identification of the means used to foster positive relationships between the resident and the resident’s family or guardian that are supportive of the resident in reaching treatment plan and permanency plan goals.
How the center will implement and review specific provisions of the resident’s treatment plan, court order and permanency plan developed under s. 48.38, Stats., including how the center will coordinate efforts with the placing person or agency and other involved persons or agencies.
Methods used by the center for determining when treatment goals are achieved, or that treatment is ineffective or detrimental for a particular resident.
Resident conduct as governed by center behavior management and control procedures or measures including house rules covering policies on resident overnight visits outside the center and off-grounds privileges and any resident rights limitations under s. DCF 52.31 prohibiting such things as gang-related clothing or therapeutically contraindicated items.
A list of daily activities available to residents including educational and recreational activities.
Procedures which ensure clear communication between resident care workers on one shift and the resident care workers on the next shift regarding any significant incident involving a resident they supervise in common such as running away, an incident of abuse or neglect pursuant to s. 48.981, Stats., a behavior that injures the resident or others, an accident requiring medical attention, intentional property damage, any emergency safety intervention physical hold restraint or physically enforced separation as defined under s. DCF 52.42 (1) or any other incident of a serious nature. The procedures shall include documenting any incident involving a resident and the date and time it occurred in the resident’s case record and, if pertinent to resident treatment, in the resident’s treatment record progress notes.
Methods used by the center to evaluate its treatment program.

(b) Educational program services. Educational program services that coordinate a resident’s educational programming with the school from which the resident came upon admission and the school which will receive the resident after center discharge and that cover all of the following:

Procedures for referring residents to public schools when not part of an on-grounds program.
Procedures for relating each resident’s treatment plan goals under s. DCF 52.22 (2) (b) to educational goals and services based on the resident’s needs.
Identification of all center staff, schools and agencies responsible for resident education.
Provision for either the center case work supervisor or a resident’s services case manager to coordinate efforts with persons responsible for the resident’s education. This shall include arranging, where possible, for educational personnel to participate in assessment of a new resident’s needs and development of the resident’s treatment plan under s. DCF 52.22 (2) and treatment plan implementation and review conferences under s. DCF 52.22 (3) (b). Center staff identified under subd. 3., shall ensure that a report of the resident’s educational assessment and progress is given to the school or persons responsible for the individual’s education following discharge from the center.
Procedures and timelines for assessing the educational progress of each resident. The procedures shall identify center staff involved in educational assessment, and how assessment information will be used in the review, implementation and revision of a particular resident’s treatment plan and educational services.
Arrangements for provision of vocational training opportunities under s. 118.15 (1) (b), Stats.
Compliance with applicable parts of ss. 115.77, 115.81 and 118.165, Stats., and cooperation with the Wisconsin department of public instruction in providing regular or exceptional educational services to residents.

(c) Health care services. Health care services provided to residents that include needed preventive, routine and emergency medical and dental care through all of the following:

Assessment on a regular basis of the general health and dental needs of each resident.
Education of residents by someone medically knowledgeable about the hazards of tobacco use, drugs and alcohol abuse and, where appropriate, about human sexuality, family planning materials and services, sexually transmitted diseases and how the human immunodeficiency virus (HIV) is transmitted.
Immunization of residents, unless otherwise directed in writing by a physician, according to ch. DHS 144.
Arrangement with a physician or a clinic employing a physician to serve as consultant for health care arranged by the center for residents.
Provision for psychological testing, psychiatric examination and treatment as necessary to meet a resident’s needs by having consultation and services available from a psychiatrist licensed as a physician under ch. 448, Stats., or a psychologist licensed under ch. 455, Stats.
Provision for at least 2 dental examinations and cleanings for each resident each year and for other dental examinations and services for residents, as needed, from a dentist licensed under ch. 447, Stats., or a clinic employing dentists licensed under ch. 447, Stats.
Availability of emergency medical services 24 hours a day, 7 days a week.
An explanation of any medical treatment that a resident will receive that is provided to the resident in language that is suitable to the resident’s age and developmental level.
Policies and procedures for hospitalizing a resident, for providing first aid to a resident and for administration of medications in accordance with s. DCF 52.46 (2).
Identification of the circumstances that constitute a medical emergency, and instructions to staff on action to take when suspecting the existence of a medical emergency.
Compliance with ch. DHS 145 for the control and reporting of communicable diseases.
Arrangements for the center’s health care consultant under subd. 4. to annually document and date a review of the adequacy of center health care service delivery including center procedures for administration, storage and disposal of medications as provided under s. DCF 52.46 (3).

(d) Reasonable and prudent parent standard. Policies and procedures on how the center complies with the requirements of the reasonable and prudent parent standard, including all of the following:

How the communication log under sub. (1m) will be used to inform different shifts of resident care workers and RPPS decision makers of reasonable and prudent parenting requests and decisions made for a resident under s. DCF 52.415 for activities that do not take place in the residential care center and are not supervised by a staff person.
How the information on the forms required under ch. DCF 37 will be incorporated into a new resident’s treatment plan, as required under s. DCF 52.22 (2) (ag).
How the center will ensure the presence on-site of at least one RPPS decision maker at all times.
A process for annually reviewing the parameters and requirements of the reasonable and prudent parent standard in conjunction with the center’s corresponding policies and procedures.

Note: DCF-F-5123-E, Reasonable and Prudent Parent Standard Review, is an optional form that a center may use to assist with the annual review. The form is available in the forms section of the department website at http://dcf.wisconsin.gov or by writing the Division of Safety and Permanence, P.O. Box 8916, Madison, WI 53708−8916.

(1m) Communication log.

(a) A residential care center shall require each shift of resident care workers and RPPS decision makers to use a communication log to document and communicate with other resident care workers and RPPS decision makers about residents whom they supervise in common. The communication log shall include all of the following for each shift:

Each resident’s location, behavior, and program participation.
Significant incidents involving a resident as provided in sub. (1) (a) 10. and the center’s corresponding policy.
Reasonable and prudent parenting requests and decisions made for residents under s. DCF 52.415 for activities that do not take place in the residential care center and are not supervised by a staff person.
Staff arrival and departure times.

(b) A residential care center may designate units within the center and require resident care staff and RPPS decision makers to use a separate communication log in each unit.

(2) Program planning and scheduling.

(a) A center shall have a written daily program of general activities which meet the developmental needs of the residents.

(b) The program of activities shall provide each resident with experiences which encourage self-esteem and a positive self-image through:

Leisure-time activities.
Social interaction within the center and, if appropriate, the community.
Self-expression and communication.
Gross and fine motor development.
Daily living activities, including but not limited to, grooming and hygiene, toileting and common household chores such as making beds, cooking and washing clothes.
Interpersonal relations with peers, family, friends, staff and where possible and as appropriate, members of the opposite sex.
Opportunity for paid work within the constraints of child labor laws, resident rights and the resident’s treatment plan.

(c) A center shall make maximum use of small groups to aid individual residents in preserving or attaining a sense of personal identity in daily living. The center shall:

Group residents according to age, developmental levels and social needs, with the ages of residents being primarily within a 4 year age range but not to exceed a 6 year age range.
Group residents under supervision of their own resident care worker and give a group opportunities to form and attain group self-identity in daily living and social activities.

(d) A center shall ensure that nonambulatory residents:

Spend a major portion of the daytime hours out of bed.
Spend a portion of the daytime hours out of their bedroom area.
Have planned daily activity and exercise periods.
Are able to move around by various methods and devices whenever possible.

(3) Staff-to-resident ratio.

(a) In this subsection, “supervision” means guidance of the behavior and activities of a resident by a staff member to ensure the safety and well-being of the resident.

(b) The staff-to-resident ratios for staff providing supervision of residents shall be as follows:

‘1:8 during waking hours.’ A residential care center shall have at least one staff member awake and providing supervision for every 8 or fewer residents present in a program unit during waking hours.
‘1:15 during sleeping hours.’ A residential care center shall have at least one staff member awake and providing supervision for every 15 or fewer residents present in the program unit during sleeping hours. Each staff member shall be within hearing or call of residents being supervised without reliance on the use of electronic monitoring devices.
‘Congregate living area.’ A licensee shall ensure that a staff member provides sight and sound supervision at all times in each congregate living area of the center when residents are present. In this subdivision, “congregate living area” means any area in a center used for living or recreation except a bedroom, bathroom, or hallway.

(c) The staff-to-resident ratios in par. (b) are the minimal staffing requirements for resident care staff. The number of resident care staff providing supervision shall be increased as necessary to meet the needs of residents and to ensure their safety and welfare.

Note: Section DCF 52.55 (1) (b) 1. requires that staff can safely evacuate all residents from the center in one trip for fire safety.

(d) No resident may be in a residential care center without supervision by a staff member.

(e) A licensee shall ensure that supervision is provided for each resident appropriate to the resident’s age, maturity, behavior, and developmental level and sufficient to ensure the safety of all residents in the residential care center.

(f) Supervision of residents shall be by a staff member who meets or exceeds the qualifications of a resident care worker under s. DCF 52.12 (2) (e).

(g) An inexperienced resident care worker who is required to take the traineeship program s. DCF 52.12 (5) (g) may only be counted in the ratios in par. (b) if the trainee is working with an experienced resident care worker who meets the qualifications in s. DCF 52.12 (2) (e).

(h) A residential care center shall have at least one full-time equivalent resident services case manager under s. DCF 52.12 (1) (a) 3. for every 16 or fewer residents. A residential services case manager who is working less than full-time may have a maximum caseload that is the equivalent of 2.5 hours per week for each resident.

(4) Recreation.

(a) A center shall provide leisure and recreational programming suitable for the ages, abilities and interests of the center’s residents. This programming shall be consistent with the center’s overall program goals and shall offer residents a variety of indoor and outdoor recreational activities.

(b) A center shall have well drained outdoor recreation areas that are free of hazards.

(5) Religious practices. A center shall provide residents with opportunities for voluntary religious expression and participation. The center shall:

(a) Have written policies on religious training.

(b) Obtain the written consent of the resident’s parent or guardian for church attendance and religious instruction when agency practice varies from that of the resident or the resident’s family.

(6) Center applied policies and procedures. Center policies and procedures affecting residents and their interests shall be applied in a consistent and fair manner.

(7) Other services.

(a) A center may operate on the center grounds other services or enterprises not governed by the center’s license only if the center obtains the written consent of the department. Examples of other center nonresident services that may be allowed by the department to operate on center grounds are shelter care services, outpatient counseling services, day treatment services and day student educational services.

(b) A center which provides temporary shelter care services need not obtain a separate shelter care license under ch. DCF 59 if the personnel requirements in s. DCF 52.12 or 59.04, the child care requirements found in s. DCF 59.05, the requirements for records and reports found in s. DCF 59.07 and the physical plant standards in subch. VI of this chapter or in s. DCF 59.06 are met.

(8) Resident accounts and restitution plan.

(a) The center shall have procedures for maintaining and managing a separate account for each resident’s money and as applicable, shall comply with the provisions under s. 51.61 (1) (v), Stats.

(b) The center shall, as applicable, have in place a restitution plan for a resident and as applicable, that is coordinated with any other restitution ordered by a court or as part of an agreement under ch. 938, Stats., that describes procedures for deducting sums from a resident’s account or earnings as restitution for damages done by the resident. Deductions made for restitution shall be in accordance with a restitution plan as follows:

Before a center may withhold a part of a resident’s earnings or account balance, a restitution plan shall be made a part of the resident’s treatment record.
The restitution plan shall take into consideration the resident’s ability to pay or be as prescribed under court order.

History

Cr. Register, February, 2000, No. 530, eff. 9-1-00; correction in (1) (b) 7. made under s. 13.93 (2m) (b) 7., Stats., Register, June, 2001, No. 546; corrections in (1) (a) 8., 10., (b) 2., 4., (c) 3., 9., 11., 12., (3) (a), (c) and (7) (b) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; EmR1106: emerg. r. and recr. (3), eff. 9-16-11; CR 11-026: am. (1) (a) 10., r. and recr. (3) Register December 2011 No. 672, eff. 1-1-12; EmR1414: emerg. am. (1) (a) 3., eff. 8-1-14; CR 14-054: am. (1) (a) 3. Register April 2015 No. 712, eff. 5-1-15; EmR1633: emerg. am. (1) (intro.), cr. (1) (d), (1m), eff. 11-18-16; CR 16-051: am. (1) (intro.), cr. (1) (d), (1m) Register July 2017 No. 739, eff. 8-1-17; CR 21-107: r. and recr. (1) (c) 8. Register June 2022 No. 798, eff. 7-1-22.

Wis. Admin. Code § DCF 52.415 Promoting normalcy {#sec-dcf-52.415 omnilex-key=us-wi-regs-official--agency-dcf--DCF 52.415}

(1) Similar to peers. A residential care center shall promote normalcy and the healthy development of a resident by supporting the resident’s right to participate in extracurricular, enrichment, cultural, and social activities and have experiences that are similar to peers of the same age, maturity, or development.

(2) RPPS decision maker.

(a) A residential care center shall ensure the presence on-site of at least one RPPS decision maker at all times to make decisions regarding the participation of a resident in age or developmentally appropriate extracurricular, enrichment, cultural, and social activities.

(b) An RPPS decision maker may be a licensee, authorized representative of the licensee, or any staff person specified in s. DCF 52.12 (1) (a) 1. to 5.

(c) An RPPS decision maker shall have knowledge of a resident and access to the resident’s treatment plan and other resident case records under s. DCF 52.49 related to the decision-making factors in sub. (4).

(d) An RPPS decision maker shall document in the communication log under s. DCF 52.41 (1m) decisions made under this section for activities that do not take place in the residential care center and are not supervised by a staff person.

(e) An RPPS decision maker shall document on a form prescribed by the department any decision made under this section that requires written permission from the center in lieu of the resident’s parent or guardian. The completed form shall be placed in the resident’s case record under s. DCF 52.49 (2) (b).

Note: DCF-F-5124-E, Reasonable and Prudent Parent Decision Record, is available in the forms section of the department website at http://dcf.wisconsin.gov or by writing the Division of Safety and Permanence, P.O. Box 8916, Madison, WI 53708−8916.

(3) Reasonable and prudent parent standard. When an RPPS decision maker is making a decision regarding a resident’s participation in activities, the RPPS decision maker shall use a decision-making standard that is characterized by careful and sensible parental decisions that maintain the health, safety, best interests, and cultural, religious, and tribal values of the resident while at the same time encouraging the emotional and developmental growth of the resident, if the activities meet the conditions in pars. (a) and (b) as follows:

(a) Areas covered by the standard. The resident is participating or wants to participate in extracurricular, enrichment, cultural, or social activities, including all of the following.

Activities related to transportation, such as obtaining a driver’s license, driving, or carpooling with peers and other adults.
Formal or informal employment and related activities, such as opening an account in a bank or credit union.
Activities related to peer relationships, such as visiting with friends, staying overnight at a friend’s house, or dating.
Activities related to personal expression, such as haircuts; hair dying; clothing choices; or sources of entertainment, including games and music.

(b) Age or developmentally appropriate activities. The resident is participating or wants to participate in activities that are suitable based on any of the following criteria:

Activities that are generally accepted as suitable for children of the same chronological age or level of maturity or that are determined to be developmentally appropriate for a child based on the cognitive, emotional, physical, and behavioral capacities that are typical for children of the same age or age group.
Activities that are suitable based on this resident’s cognitive, emotional, physical, and behavioral capacities.

Note: The reasonable and prudent parent standard does not apply to a child receiving respite care services.

(4) Decision-making factors. When applying the reasonable and prudent parent standard to a decision regarding a resident’s participation in an extracurricular, enrichment, cultural, or social activity, an RPPS decision maker shall consider all of the following:

(a) Child-specific factors, including all of the following:

The resident’s treatment plan.
The resident’s wishes, as gathered by engaging the resident in an age-appropriate discussion about participation in the activity.
The age, maturity, and development of the resident.
Whether participating in the activity is in the best interest of the resident.
The resident’s behavioral history.
Court orders and other legal considerations affecting the resident, including the prohibitions in sub. (5).
Cultural, religious, and tribal values of the resident and the resident’s family. If the resident and the resident’s family have different cultural, religious, or tribal values, then the placing agency, or the department if the department is the resident’s guardian, is ultimately responsible for decisions concerning the resident’s care.

(b) Activity-specific factors, including all of the following:

Potential risk factors of the situation, including whether the resident has the necessary training and safety equipment to safely participate in the activity under consideration.
How the activity will help the resident grow.
Whether participating in the activity will provide experiences that are similar to the experiences of other residents of the same age, maturity, or development.
Other information regarding the parent’s or guardian’s wishes and values, as obtained during the development and review of the resident’s treatment plan under s. DCF 52.22 (1) and (3) and other discussions with the resident’s parent or guardian.

(c) Any other concerns regarding the safety of the resident, other residents in the residential care center, or the community.

(d) Information on the forms required under ch. DCF 37.

(5) Prohibitions. An RPPS decision maker may not do any of the following:

(a) Permit a resident to participate in an activity that would violate a court order or any federal or state statute, rule, or regulation.

(b) Make a decision that conflicts with the resident’s permanency plan or family interaction plan.

(d) Authorize the resident’s enlistment in the U.S. armed forces.

(e) Authorize medical, psychiatric, or surgical treatment for the resident beyond the terms of the consent for medical services authorized by the resident’s parent or guardian.

(f) Represent the resident in a legal action or make a decision of substantial legal significance.

(g) Determine which school the resident attends or make a decision for the resident regarding an educational right or requirement that is provided in federal or state law.

Note: For example, only a parent or guardian can make decisions about a resident’s individualized educational program under s. 115.787, Stats.

(h) Require or prohibit a resident’s participation in an age or developmentally appropriate activity solely for convenience or a personal reason not applicable to the decision-making factors in sub. (4).

History

EmR1633: emerg. cr., eff. 11-18-16: CR 16-051: cr. Register July 2017 No. 739, eff. 8-1-17.

Wis. Admin. Code § DCF 52.42 Behavior management and control {#sec-dcf-52.42 omnilex-key=us-wi-regs-official--agency-dcf--DCF 52.42}

(1) Definitions. In this section:

(a) “Behavior management and control” means techniques, measures, interventions and procedures applied in a systematic fashion to prevent or interrupt a resident’s behavior which threatens harm to the resident or others or to property and which promote positive behavioral or functional change fostering resident self-control.

(b) “Informed consent document” means a document signed by a resident’s parent or guardian and legal custodian or under a court order or under another lawful authority which gives written informed consent for use of a locked unit for a resident based on the following:

Stated reasons why the intervention is necessary and why less restrictive alternatives are ineffective or inappropriate.
The behaviors needing modification.
The behavior outcomes desired.
The amount of time in each day and length of time in days or months the resident is expected to remain in the locked unit.
The time period for which the informed consent is effective.
The right to withdraw informed consent at any time verbally or in writing and possible consequences for the center and resident if consent is withdrawn.

(c) “Locked unit” means a ward or wing designated as a protective environment in which treatment and services are provided and which is secured by means of a key lock in a manner that prevents residents from leaving the unit at will. A facility locked for purposes of external security is not a locked unit provided that residents may exit at will.

(d) “Emergency safety intervention” means that a staff member physically intervenes with a resident when the resident’s behavior presents an imminent danger of harm to self or others and physical restraint or physically enforced separation is necessary to contain the risk and keep the resident and others safe.

(e) “Physically enforced separation” means that a resident is temporarily physically removed to a time-out room or area including, where applicable, a locked unit. “Physically enforced separation” does not include sending a resident on the resident’s own volition to the resident’s room or another area for a cooling off period as part of a de-escalation technique.

(f) “Physical hold restraint” means that a resident is temporarily physically restrained by a staff member.

(g) “Time-out room” means a designated room used for temporarily holding a resident who is in physically enforced separation from other residents.

(2) Monitor and review responsibility.

(a) A center shall assign to a professional staff member the responsibility to monitor and review, on an ongoing basis, the use of all center behavior management measures identified under par. (b) for appropriateness and consistency.

(b) Monitoring and review shall cover violation of house rules and their resulting consequences, the use of physical hold restraint and physically enforced separation in emergency safety intervention, the use of a locked unit when used to facilitate a resident’s treatment plan under sub. (7) (a) 3., and all related center policies and procedures.

(3) Conduct of residents. A center shall have written policies and procedures covering the conduct expected of residents. The policies and procedures shall do all of the following:

(a) Promote the growth, development and independence of residents.

(b) Address the extent to which a resident’s choice will be accommodated in daily decision making. There shall be an emphasis on self-determination and self-management.

(c) Specify center behavior management techniques and approaches available to change, eliminate or modify the behaviors or conditions identified in the center’s program statement and operating plan required under s. DCF 52.41 (1).

(d) Specify criteria for levels of supervision of activities, including off-grounds activities. These criteria shall be directed at protecting the safety and security of residents, center staff, visitors and the community.

(e) Provide for making a record of a resident’s off-grounds activities. The record shall include where the resident will be, duration of the visit, the name, address and phone number of the person responsible for the resident and expected time of the resident’s return.

(f) Specify house rules for the residents. The house rules shall include all of the following:

A general description of acceptable and unacceptable conduct.
Curfew requirements.
A resident’s individual freedoms when the resident is involved in recreational or school activities away from the center.
Consequences for a resident who violates a house rule.

Note: There is a difference between a patient right and a privilege. Deprivation of a privilege such as watching television, playing video games, going to the movies or involvement in some other recreational activity may be used as a disciplinary measure.

(g) Provide for distribution of the house rules to all staff and to all residents and their parents or guardians.

(4) Prohibited measures. Center staff may not employ any cruel or humiliating measure such as any of the following:

(a) Physically hitting or harming a resident.

(b) Requiring physical exercise such as running laps or doing push-ups or other activities causing physical discomfort such as squatting or bending, or requiring a resident to repeat physical movements or assigning the resident unduly strenuous physical work.

(d) Denying shelter, clothing, bedding, a meal, or a menu item, center program services, emotional support, sleep or entry to the center.

(e) Use of a chemical or physical restraint or physically enforced separation or a time-out room as punishment.

(f) Authorizing or directing another resident to employ behavior management techniques on a resident.

(g) Penalizing a group for an identified group member’s misbehavior.

(5) Emergency safety intervention.

(a) A center staff member may not use any type of physical restraint or physically enforced separation on a resident unless the resident’s behavior presents an imminent danger of harm to self or others and physical restraint is necessary to contain the risk and keep the resident and others safe.

(ae) A center staff member shall attempt other feasible alternatives to de-escalate a child and situation before using physical restraint or physically enforced separation.

(am) A center staff member may not use physical restraint or physically enforced separation as disciplinary action, for the convenience of center staff, or for therapeutic purposes.

(as) If physical restraint is necessary under par. (a), a center staff member may only use the physical restraint in the following manner:

With the least amount of force necessary and in the least restrictive manner to manage the imminent danger of harm to self or others.
That lasts only for the duration of time that there is an imminent danger of harm to self or others.
That does not include any of the following:

a. Any maneuver or technique that does not give adequate attention and care to protection of the resident’s head.

b. Any maneuver that places pressure or weight on the resident’s chest, lungs, sternum, diaphragm, back, or abdomen causing chest compression.

c. Any maneuver that places pressure, weight, or leverage on the neck or throat, on any artery, or on the back of the resident’s head or neck, or that otherwise obstructs or restricts the circulation or blood or obstructs an airway, such as straddling or sitting on the resident’s torso.

d. Any type of choke hold.

e. Any technique that uses pain inducement to obtain compliance or control, including punching, hitting, hyperextension of joints, or extended use of pressure points for pain compliance.

f. Any technique that involves pushing on or into a resident’s mouth, nose, or eyes, or covering the resident’s face or body with anything, including soft objects, such as pillows, washcloths, blankets, and bedding.

Notwithstanding subd. 3. f., if a resident is biting himself or herself or other persons, a center staff member may use a finger in a vibrating motion to stimulate the resident’s upper lip and cause the resident’s mouth to open and may lean into the bite with the least amount of force necessary to open the resident’s jaw.

(b) Use of physically enforced separation shall meet the following additional conditions:

The staff member using physically enforced separation of a resident shall review need for continued use every 10 minutes while the resident is in physically enforced separation and shall log the time of each review and the emotional status of the resident.
Except as otherwise provided for a locked unit under sub. (7) (a) 2. b., initial use of physically enforced separation may not extend for more than one hour without authorization from the center director or a professional staff person designated by the center director.
Except as otherwise provided for a locked unit under sub. (7) (a) 2. b., if a resident is authorized under subd. 2. to be in physically enforced separation for more than one hour and the physically enforced separation lasts for more than 2 hours, or if the resident experiences multiple episodes in a day which prompt use of physically enforced separation for a cumulative period of more than 2 hours during the day, center staff shall consider the need to arrange another more appropriate placement for the resident.
Physical hold restraint on a resident shall not be used to circumvent the requirement of the one hour limit for using a time-out room or a locked unit.
A resident may be kept in physically enforced separation only by means of one of the following:

a. A time-out room where the door is latched by positive pressure applied by a staff member’s hand without which the latch would spring back allowing the door to open of its own accord.

b. A time-out room where the staff member holds the door to the time-out room shut.

c. A time-out room where the staff member is in a position in the doorway to prevent the resident’s leaving.

d. A staff member is in a position to prevent a resident from leaving a designated area.

e. A time-out room which does not use a key lock, pad lock or other lock of similar design and has a type of lock such as a dead bolt lock, magnetic door lock or lock which only requires the turn of a knob to unlock the door, where a staff member is located next to the time-out room door and has the means to unlock the door immediately, if necessary, and that otherwise meets the requirements of this section and chs. SPS 361 to 366, the Wisconsin Commercial Building Code.

f. In a locked unit that otherwise meets the requirements of this section and the provisions for use of locked units for emergency safety intervention under sub. (7) (a) 2.

A resident placed in a time-out room shall be under supervision and shall be free from materials in the room which could represent a hazard to the resident or to others. A time-out room may hold only one resident at a time.
A time-out room shall have adequate ventilation and, if there is a door, a shatter-proof observation window on or adjacent to the door. The window’s location shall allow for observation of all parts of the room. The room’s location shall be within hearing or call to a living area or other area of activity. The time-out room shall have at least 48 square feet of floor space with a ceiling height of not less than 8 feet and a width of at least 6 feet. A time-out room may not include a box or other compartment that represents a stand alone unit within the facility. The time-out room shall be an architectural or permanent part of the building structure.
Physically enforced separation in a time-out room may not be used as a substitute for supervision of a resident who is at risk of running away.

(6) Emergency safety intervention incident reports.

(a) For each incident where physical hold restraint or physically enforced separation of a resident was necessary, the staff person on duty shall document in an incident report the following:

The resident’s name, age and sex.
A description of the incident.
The date, time, and location of the incident and methods used to address the resident’s behavior, including duration of each emergency safety intervention episode.
Results achieved from methods used to address resident behavior.
The name of each staff member involved in using the technique or approach with the resident at the time of the incident or when the incident was discovered.
Injuries received by either the resident or a staff member in using physically enforced separation or physical hold restraint, how the injuries happened and any medical care provided.

(b) In each building housing residents, center staff shall maintain a log of written reports of incidents involving residents. The report of an incident shall include at least the information under par. (a) 1. to 3.

(c) Resident care staff at the beginning of each shift shall be informed of or review incident reports occurring since their last shift. A copy of each incident report concerning a resident shall be placed in the resident’s treatment record.

(7) Use of locked units.

(a) Conditions for use. No resident may be placed in a locked unit unless the center has first obtained department approval to operate a locked unit, the locked unit meets the requirements of this subsection and one of the following applies:

Use of a locked unit is ordered by a physician, to protect the health of the resident or other residents.
Use of a locked unit is for purposes of ensuring physically enforced separation when intervening in an emergency safety situation involving the resident. Use of a locked unit to deal with an emergency safety situation may take place provided that the following conditions are met:

a. Use is as a emergency safety intervention physically enforced separation under sub. (5).

b. Use of a locked unit for emergency safety intervention physically enforced separation may not extend beyond one hour except with written authorization from a physician, a psychologist licensed under ch. 455, Stats., or an independent clinical social worker certified under s. 457.08 (4), Stats. After review of the resident’s condition, new written orders, where necessary, may be issued for up to 24 hours. The resident shall be released from the physically enforced separation as quickly as possible. In this subdivision paragraph, “as quickly as possible” means as soon as the resident is calm and no longer a danger to self or others.

c. Use is followed by a review of the need for development of goals and objectives in the resident’s treatment plan to govern the use of locked unit physically enforced separation or to minimize or eliminate its need.

Use of a locked unit is part of a behavior management and control program described in the resident’s treatment plan provided that the following conditions are met:

a. The resident exhibits or recently has exhibited severely aggressive or destructive behaviors that place the resident or others in real or imminent danger and the lack of the locked unit prevents treatment staff from being able to treat the resident.

b. A physician, a psychologist licensed under ch. 455, Stats., or an independent clinical social worker certified under s. 457.08 (4), Stats., who is knowledgeable about contemporary use of locked unit treatment intervention gives written approval included in the resident’s treatment record for its use.

c. The goals, objectives and approaches in the resident’s treatment plan support its use. Goals and objectives shall be directed at reducing or eliminating the need for use of a locked unit.

d. The parent or guardian and legal custodian of the resident if a minor, gives informed consent in writing to the use of a locked unit or the locked unit intervention is ordered by a court or other lawful authority.

e. The resident has no known medical or mental health condition which would place the resident at risk of harm from being placed in a locked unit as evidenced by a statement from a physician.

(b) Record. The center shall maintain a written record of the following information on locked unit use under par. (a) 3, in the resident’s treatment record:

The name and age of the resident.
The date or dates the resident is in a locked unit and the length of time each day.
At least weekly assessment for continued need for locked unit use.

(c) Supervision. Appropriately trained staff shall directly supervise use of a locked unit. Appropriately trained staff are staff who have received the training under s. DCF 52.12 (5) (b) 4. and (c).

(d) Center locked unit policies and procedures. A center with a locked unit shall have written policies and procedures that include all of the following:

Except as provided in this subsection, no resident may be housed in a locked unit.
A resident may be in a locked unit only if there is a written informed consent document signed by the resident’s parent or guardian and legal custodian or by an order of a court or other lawful authority or as provided under subd. 5. A copy of the informed consent document, court order or document from another lawful authority shall be filed in the resident’s treatment record.
Parent or guardian and legal custodian written informed consent to placement of a resident in a locked unit shall be effective for no more than 45 days from the date of the consent and may be withdrawn sooner unless otherwise specified in a court order or by another lawful authority. Parent or guardian and legal custodian written informed consent for continued use of a locked unit may be renewed for 30 day periods except as otherwise specified in a court order or by another lawful authority. Each renewal of informed consent shall be through a separate written informed consent document.
The resident’s parent or guardian or the legal custodian may withdraw the written informed consent to the resident being placed in a locked unit at any time, orally or in writing. Except as otherwise specified in a court order or by another lawful authority, the resident shall be transferred to an unlocked unit promptly following withdrawal of informed consent.
In an emergency such as when a resident runs away, is being held for movement to secure detention until police arrive or has attempted suicide, the resident may be placed in a locked unit without parent or guardian or legal custodian consent. The parent or guardian and legal custodian shall be notified as soon as possible and written authorization for continued use of the locked unit shall be obtained from the parent or guardian and legal custodian within 24 hours. No resident kept in a locked unit under this subdivision may be kept in the locked unit for more than an additional 72 hours unless a written informed consent document signed by the parent or guardian and legal custodian authorizing continued locked unit use is obtained.
Prior to use of a locked unit, written approval to lock exit access doors of the unit is obtained from the Wisconsin department of safety and professional services.
All staff members supervising residents in a locked unit shall have the means to unlock the unit immediately if this is necessary.
A locked unit shall be free of furnishings that could be used by a resident in a harmful way and shall have adequate ventilation.
A center shall provide in each locked unit one resident care worker with no assigned responsibilities other than direct supervision of the residents. During hours when residents are awake there shall be one resident care worker for every 4 residents and one resident care worker for every 6 residents during sleeping hours. Staff shall be present in the locked unit with residents and shall have the means to immediately summon additional staff.

(8) Behavior modification and control measures.

(a) A center may not use intrusive and restrictive behavior management techniques such as behavior-modifying drugs or other forms of physical restraint as defined under s. 48.599 (1r), Stats., not identified in this section unless the center receives approval for their use from the department and where applicable, procedures in accordance with provisions found in this chapter are followed.

(b) Use of locked rooms for physically enforced separation of residents other than as provided under sub. (5) for emergency safety intervention is prohibited.

(c) A center may not use on a resident any aversive measure that is painful or discomforting to a resident or any measures that are dangerous or potentially injurious to a resident.

(9) Absence of residents without permission. A center shall have written policies and procedures for notifying the appropriate local law enforcement agency that a resident has left the center without permission or fails to return to the center after an approved leave. The procedures shall specify all of the following:

(a) How the determination is made that a resident is missing.

(b) The name of the local law enforcement agency and the name of the agency, if different, that is to be notified in order for it to file a missing person report with the crime information bureau of the Wisconsin department of justice.

(c) The name of the staff member who will promptly notify the law enforcement agency identified under par. (b) of the resident’s absence, as well as the resident’s parent or guardian and legal custodian, if any, and the placing person or agency, if not the same.

(d) Notification of the department’s interstate compact office at least within 48 hours of an out-of-state resident’s absence.

Note: For notification of Wisconsin’s Interstate Compact Office, phone: (608) 267-2079.

History

Cr. Register, February, 2000, No. 530, eff. 9-1-00; CR 04-040: am. (5) (b) 5. e. and (7) (d) 6. Register December 2004 No. 588, eff. 1-1-05; corrections in (3) (c) and (7) (c) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; EmR1106: emerg. r. and recr. (1) (d), (5) (a), cr. (5) (ae), (am), (as), (b) 8., eff. 9-16-11; CR 11-026: r. and recr. (1) (d), (5) (a), am. (2) (b), (5) (b) 5. f., (6) (title), (a) 3., (7) (a) 2. (intro.), a., b., (8) (b), cr. (5) (ae), (am), (as), (b) 8., r. (5) (b) (title) Register December 2011 No. 672, eff. 1-1-12; correction in (5) (b) 5. e., (7) (d) 6. made under s. 13.92 (4) (b) 6., 7., Stats., Register December 2011 No. 672, eff. 1-1-12; correction in (8) made under s. 13.92 (4) (b) 7., Stats., Register October 2015 No. 718; CR 21-107: am. (7) (d) 4. Register June 2022 No. 798, eff. 7-1-22.

Wis. Admin. Code § DCF 52.43 Education {#sec-dcf-52.43 omnilex-key=us-wi-regs-official--agency-dcf--DCF 52.43}

(1) Classroom space. On-grounds school programs shall have classroom space that is in compliance with the requirements of chs. SPS 361 to 366, the Wisconsin Commercial Building Code and applicable local ordinances.

(2) Study space. A center shall provide residents with appropriate space and supervision for quiet study after school hours.

(3) Access to educational resources. A center shall provide or arrange for resident access to up-to-date reference materials and other educational resources. These educational materials and resources shall meet the educational needs of residents.

(4) Out-of-state residents. A center admitting persons through Wisconsin’s interstate compact on placement of children from other states shall have on file educational history and achievement reports for those admissions. A center serving out-of-state residents with exceptional educational needs shall in addition comply with s. 48.60 (4), Stats., on payment of educational charges.

(5) Educational record. A center shall maintain a separate educational record for each resident as part of the resident’s case record. The educational record shall include the results of educational assessments, educational goals and progress reports.

Note: See s. DCF 52.41 (1) (b) for educational program service requirements described in a center’s operating plan.

History

Cr. Register, February, 2000, No. 530, eff. 9-1-00; CR 04-040: am. (1) Register December 2004 No. 588, eff. 1-1-05; correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672, eff. 1-1-12.

Wis. Admin. Code § DCF 52.44 Nutrition {#sec-dcf-52.44 omnilex-key=us-wi-regs-official--agency-dcf--DCF 52.44}

(1) Meals and snacks.

(a) A center shall provide or arrange for each resident to receive at least 3 meals each day. Meals shall be served at regular times comparable to normal mealtimes in the community.

(b) Food served at a meal shall consist of adequate portions based on the ages of residents. Lunch and breakfast meals shall follow the meal pattern requirements for the national school lunch program as provided by the U.S. department of agriculture and included in Appendix C of this chapter. Dinner meals shall be comparable to the lunch meal pattern requirements.

For residents between breakfast and lunch if there are more than 4 hours between those meals, and between lunch and dinner.
For all residents, an evening snack.
When a resident’s nutritional care plan under sub. (2) (c) indicates a need for snacks.

(2) Residents with special dietary needs. A center shall maintain an up-to-date list of residents with special nutritional or dietary needs as determined by a physician or dietitian, and shall do all of the following:

(a) Provide food supplements or modified diets as ordered by a physician for a resident who has special dietary needs.

(b) Have procedures for recording diet orders and changes and for sending diet orders and changes to kitchen personnel.

(c) Include a nutritional care plan in the health record of a resident with special nutritional or dietary needs. The plan shall include a problem statement, nutritional goals or dietary goals, a plan of action and procedures for follow-up. The nutritional care plan shall be reviewed and approved by a registered dietitian.

(d) Provide adaptive self-help devices to residents as needed and instruct residents on their use.

(e) Observe resident food and fluid intake. Review acceptance by a resident of a diet, and report any significant deviations from a resident’s normal eating pattern to the resident’s physician.

(f) Assist residents with food and fluid intake as necessary according to the nutritional care plan, including where applicable such tasks as instructing a resident on how to eat and take fluids as independently as possible and protecting a resident from choking which may occur because of a physiological or behavioral eating disorder.

Note: An example of a food that has been fatal is peanut butter sandwiches for a Down Syndrome individual with uncontrollable eating habits.

(g) Provide vitamin and mineral supplements when ordered by a physician.

(3) Menus. A center shall do all of the following:

(a) Plan meals and snacks in advance of the date of service and prepare menus in writing that specify the actual food to be served.

(b) Post the menu for the day and next day in the food serving area or in another place where residents can read it.

(d) When it is necessary to substitute another item for an item on a posted menu, ensure that the replacement item has the same nutritional value as the item replaced. The center shall provide for menu substitutes where religious beliefs prohibit consumption of certain food items such as pork for Jewish or Muslim residents or meat products on Lenten Fridays or other designated days of fast for Catholic residents.

(4) Food service personnel.

(a) In this subsection, “food service personnel” means staff who prepare breakfast, lunch, dinner and snacks for center residents.

(b) If a center has its own food service personnel, the food service personnel shall be age 18 or over and meet the requirements of s. DHS 190.09 (1).

Note: Chapter DHS 190 has been repealed.

(c) The director of a center shall appoint a food service director who shall be responsible for complying with this section and ch. DHS 190 as it relates to food service.

Note: Chapter DHS 190 has been repealed.

(d) A center shall provide all center food service personnel in-service training annually. Training topics shall relate to proper food handling procedures, maintenance of sanitary conditions and food service arrangements. Training shall be documented and the documentation kept on file at the center.

(5) Food service.

(a) A center shall meet the requirements of s. DHS 190.09 (2) to (9).

Note: Chapter DHS 190 has been repealed.

(b) A center shall provide nutritious packed lunches for residents who are in school or vocational or work programs when on-site lunches are not available. The center shall make provision for holding a meal for a resident who returns to the center after a meal is served.

(d) A staff person trained in the Heimlich maneuver for choking victims shall be present at mealtimes.

(e) Residents shall have at least 30 minutes to finish a meal, and a resident with an eating disorder shall have as much time as is necessary to finish the meal.

(f) The dining room in a center shall be clean, well-lighted and ventilated and shall offer a comfortable atmosphere for dining.

(g) A center may not use disposable dinnerware at meals on a regular basis, except when it documents that use of disposable dinnerware for a particular resident is necessary to protect the health or safety of the resident or others.

History

Cr. Register, February, 2000, No. 530, eff. 9-1-00; corrections in (4) (b), (c) and (5) (a) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635.

Wis. Admin. Code § DCF 52.45 Health {#sec-dcf-52.45 omnilex-key=us-wi-regs-official--agency-dcf--DCF 52.45}

(1) Ongoing care.

(a) A center shall arrange a physical examination comparable to a comprehensive HealthCheck screening for each resident at intervals recommended by the medical assistance program for HealthCheck screening, except if a resident is privately insured. A privately insured resident shall be reexamined no less frequently than as required by HealthCheck or in accordance with policy coverage. The physical examination shall be conducted by a HealthCheck provider or by a physician and shall document areas found on department HealthCheck age-appropriate forms.

Note: A HealthCheck form may be obtained from any local public health agency, from the Department of Health Services website at http://dhs.wisconsin.gov/forms/FtoM.asp or by writing or telephoning any field office listed in Appendix D.

(b) A center shall arrange a thorough dental examination for each resident at intervals recommended by the medical assistance program for HealthCheck screening, except if a resident is privately insured. A privately insured resident shall be reexamined no less frequently than as required by Healthcheck or in accordance with policy coverage. The dental examination shall be conducted by a licensed dentist.

(c) A center shall arrange and provide for necessary remedial and corrective measures for every resident as soon as possible after a physical or dental examination which indicates need for remedial or corrective measures.

(d) A center shall have in each building housing residents when residents are present, at least one staff member certified by the American Red Cross to administer first aid and certified by the American Red Cross or American heart association to administer cardiopulmonary resuscitation (CPR). The center shall keep all staff certifications current and shall maintain documentation of all certifications.

(e) There shall be a first aid kit on every floor level of every center building housing residents, in buildings where resident activities take place and in every vehicle used to transport residents. The first aid kit shall be placed where it is inaccessible to residents but accessible to staff. Contents of first aid kits shall meet recommendations of the American Red Cross. A first aid kit shall be inventoried and resupplied after each use.

(f) A center shall separate an ill resident from other residents only if necessary because of the severity of the illness and if it is contagious or infectious, or when requested by the ill resident.

(2) Basic sanitation and hygiene practices. Center staff shall follow the guidelines in appendix A to prevent transmission of infection from all blood or other body fluid exposures.

(3) Pregnant residents or resident mothers.

(a) If a center serves pregnant residents or residents who are mothers who keep their babies at the center, the center shall do all of the following:

Refer those residents for enrollment to the women, infants and children (WIC) supplemental food and nutrition counseling program.
Ensure that pregnant residents receive prenatal health care.
Ensure that resident mothers and their infant or toddler children receive health care through a HealthCheck provider or, if through private insurance, a physician, according to the frequency recommended under medical assistance program HealthCheck guidelines or as described by the private insurance policy.

(b) A center which serves residents who are mothers with infants or toddlers shall comply with s. DCF 250.07, family day care standards for infant and toddler care. The center shall provide an additional 35 square feet of resident living space for each infant and toddler in addition to the resident living space required under s. DCF 52.52 (1).

(4) Health care record. A center shall maintain a separate health care record as part of each resident’s case record. The health care record shall include all of the following:

(a) The signed written consent required under s. DCF 52.21 (5).

(b) The dates and results of all physical health, mental health and dental examinations.

(c) The resident’s health history and, if applicable, medications history prior to admission and during the resident’s stay at the center.

(d) Information about any of the following medical procedures received while the young person was a resident of the center, including dates, person administering and results:

Immunizations.
Laboratory tests.
Routine health care examinations and treatment.
Emergency health care examinations and treatment.
Dental examinations and treatment.

(e) The medications administration record required under s. DCF 52.46 (4).

(f) If applicable, the nutritional care plan required under s. DCF 52.44 (2) (c).

History

Cr. Register, February, 2000, No. 530, eff. 9-1-00; corrections in (3) (b), (4) (a), (e) and (f) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635.

Wis. Admin. Code § DCF 52.46 Medications {#sec-dcf-52.46 omnilex-key=us-wi-regs-official--agency-dcf--DCF 52.46}

(1) Definitions. In this section:

(a) “General supervision” means regular coordination, direction and inspection of the exercise of delegation of medication administration by a physician or registered nurse of someone who is not licensed to administer medications.

(b) “Staff administration” means proper administration of medication to a resident by center nonmedically nonlicensed staff under a valid medical order from a medically licensed practitioner who specifically designates, trains and supervises center staff administration of medications.

(c) “Staff monitoring of self-administration” means handing the medication to the resident by center staff according to physician and medication label instructions and observing and ensuring the proper ingestion, injection, application or inhalation of the medication by the resident.

(2) Medications administration. Each staff person responsible for administering or monitoring resident use of medications shall receive a copy of the center policies and procedures required under s. DCF 52.41 (1) (c) 9. for medication administration and monitoring and shall be knowledgeable of them. The policies and procedures shall include:

(a) For all medications, all of the following:

Having written informed consent on file as required under s. DCF 52.21 (5).
Having information in each resident’s health record about any health allergies or health-related restrictions.
Having on file written authorization from a physician or registered nurse for each staff person permitted to administer medications or to monitor self-administration of medications.
Instructions for center staff concerning administration of medications and monitoring of resident self-administration of medications, secure storage of medications and recording medication administration information as required under sub. (4) (a) in the resident’s health record.
Immediate notification of the resident’s attending physician in the event of a medication error or adverse drug reaction.
Medications may only be made available when an individual authorized by the center is present.

(b) For prescription medications, all of the following:

Requiring that a medication be administered by center staff to a resident only when:

a. The resident’s attending physician or center medical consultant provides center staff with clear written instructions for administering the medication and authorizes specific center staff to administer the medication.

b. The administration takes place under the general supervision of a physician or registered nurse.

c. The label on the medication container gives clear instruction for administration of the medication and, if not clear, center staff contact the physician or pharmacy for clarification before administration of the medication.

Allowing a medication, including a self-injectable medication, to be self-administered by a resident only while the resident is under direct supervision of center staff and if self-administration is authorized in writing from the prescribing physician or center medical consultant under s. DCF 52.41 (1) (c) 4., and that authorization is confirmed by review of the authorization for self-administration by center staff before allowing self-administration by a resident.
Providing information to a resident and the resident’s resident care workers and resident services case manager about any medication prescribed for the resident and when a physician orders or changes the resident’s medication. Information provided shall include expected benefits and potential adverse side effects which may affect the resident’s overall treatment and, for staff, what to do if the resident refuses medication.
Instructions for center staff on what to look for in monitoring physical or mental changes to a resident that may occur from a medication, what to do if physical or mental changes are observed and recording them in the resident’s health record.
Arranging a second medical consultation when a resident or the resident’s parent or guardian or legal custodian, if any, has concerns about any medication received by the resident or the resident’s medication plan.
Having the resident’s physician or center medical consultant review a resident’s prescription medications when there are noted adverse effects from the medication. Documentation showing the date of review and reviewer’s name shall appear in the resident’s health record.
Ensuring that any use-as-needed medication is based on an assessment by a physician or registered nurse and is approved by either a physician or registered nurse.
Arranging for administration of prescribed medications to a resident when the resident is away from the center, for example, at school or on a home visit. A resident may not be given access to medications if there is a possibility that the resident may harm self through abuse or overdose.

(3) Medications storage.

(a) A center shall comply with all the following requirements for storage of medications:

All medications shall be kept in the original container or, when authorized in writing by a physician, in a dispensing container, and shall:

a. If a prescription medication, be labeled with the expiration date and information required under s. 450.11 (4), Stats.

b. If a non-prescription medication, be labeled with the name of the medication, directions for use, expiration date and the name of the resident taking the medication.

Medications shall be kept in locked cabinets or containers and under proper conditions of sanitation, temperature, light, moisture and ventilation to prevent deterioration.
Medications used externally and medications taken internally shall be stored on separate shelves or in separate cabinets.
Medications stored in a refrigerator containing other items shall be stored in a separate locked compartment.
Medications may not be stored with disinfectants or poisons.

(b) A center shall immediately destroy all outdated prescription and over-the-counter medications and all prescription medication no longer in use. The center shall maintain a log of the medication destroyed, who destroyed it and what amount was destroyed.

(4) Medications administration record.

(a) A center shall have in each resident’s health record a written medications administration record which lists each prescribed and over-the-counter medication the resident receives. The record shall contain the following information:

For an over-the-counter medication, the resident’s name, type of medicine, reason for use, time and day of administration and staff person authorizing its use.
For a prescription medication, all of the following:

a. The name of the resident.

b. The generic or commercial name of the medication.

c. The date the medication was prescribed.

d. The name and telephone number of the prescribing physician to call in case of a medical emergency.

e. The reason the medication was prescribed.

f. The dosage.

g. The time or times of day for administering the medication. Staff shall document all medication administered with the date and time of administration or, if not administered, with the date and time of resident refusal to take it.

h. The method of administration, such as orally or by injection.

i. The name of the center-authorized person who administered or monitored resident self-administration of the medication.

j. Any adverse effects observed.

k. Any medication administration errors and corrective or other action taken.

(b) The center shall have a copy of a resident’s medication administration record readily available for all center authorized personnel responsible for administering medications to the resident.

(5) Psychotropic medications.

(a) Definition. In this subsection, “psychotropic medication” means any drug that affects the mind and is used to manage inappropriate resident behavior or psychiatric symptoms, which may include an antipsychotic, an antidepressant, lithium carbonate or a tranquilizer.

Note: This definition does not include a drug that can be used to manage inappropriate symptoms when it is prescribed only for a different medical use, such as carbamazapine (Tegretol), which is usually used for control of seizures but may be used to control labile behavior, and propranolol (Inderal), which is usually used to control high blood pressure but may be used to control anxiety states or side effects from antipsychotic medication.

(b) Rights of patients. A center shall comply with the provisions of s. 51.61 (1) (g) and (h), Stats., for all residents who are prescribed psychotropic medications.

(c) Non-emergency procedures. A center serving a resident for whom psychotropic medications are prescribed shall ensure that all of the following requirements are met:

Arrangements have been made for a physician to perform an initial medical work up or conduct a medical screening of the resident for the type of psychotropic medication to be prescribed for the resident. If the prescribing physician is not a board-certified pediatrician or psychiatrist, consultation shall be obtained from a board-certified pediatrician or psychiatrist.
The resident, if 14 years of age or older, and the resident’s parent or guardian and legal custodian shall have signed written consent forms as required under s. DHS 94.03.
The center has obtained from the prescribing physician and filed in the resident’s treatment record a written report at least within the first 45 days after the resident has first received a psychotropic medication and at least every 60 days thereafter. The report shall state in detail all of the following:

a. Reasons for the initial use of the medication.

b. Reasons for continuing, discontinuing or changing the medication.

c. Any recommended change in treatment goals or program.

d. The physician’s actual observation of the resident and reaction to staff reports on the resident.

The method and procedures for administering or monitoring resident self-administration of a psychotropic medication shall have been approved by either the prescribing physician or a psychiatrist.

(d) Emergency procedures. For emergency administration of a psychotropic medication to a resident, a center shall do all of the following:

Have authorization from a physician.
Whenever feasible, obtain written informed consent before using the medication from the resident’s parent or guardian and legal custodian, if any, and from the resident if 14 years of age or older.
Comply with the center’s emergency medical procedures under s. DCF 52.41 (1) (c) 10.
If written informed consent of the resident’s parent or guardian and legal custodian, if any, was not obtained before administration of the medication, notify by phone the parent or guardian and legal custodian if any, as soon as possible following emergency administration, and document the dates, times and persons notified in the resident’s treatment record.
Document in the resident’s treatment record the physician’s reasons for ordering emergency administration of psychotropic medication.

(e) Revocation of consent or refusal to take.

A resident, if 14 years of age or older, or a resident’s parent or guardian or legal custodian, if any, may at any time revoke consent for non-emergency use of psychotropic medications, as provided under s. DHS 94.03.
When a consent is revoked, the center shall do all of the following:

a. Stop administration of the medication in accordance with good medical practice for withdrawal of the specific medication.

b. Inform the prescribing physician and the placing person or agency of consent revocation and document the revocation in the resident’s treatment record.

When a resident refuses to take a prescribed psychotropic medication, the center shall do all of the following:

a. Document in the resident’s treatment record the resident’s reasons for refusal and have 2 staff members who personally witnessed the refusal sign a written statement to that effect.

b. Notify the resident’s physician.

c. Notify the parent or guardian and legal custodian, if any, and the resident’s placing person or agency, if different. Notification shall be immediate if the resident’s refusal threatens the resident’s well-being and safety.

(f) Administration standards. In administering psychotropic medications, a center shall comply with requirements for administration of prescription medications in this section and clinically acceptable standards for good medical practice.

History

Cr. Register, February, 2000, No. 530, eff. 9-1-00; corrections in (2) (intro.), (a) 1., (b) 2., (5) (c) 2., (d) 3. and (e) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; EmR1106: emerg. am. (5) (f), eff. 9-16-11; CR 11-026: am. (5) (f) Register December 2011 No. 672, eff. 1-1-12.

Wis. Admin. Code § DCF 52.47 Transportation {#sec-dcf-52.47 omnilex-key=us-wi-regs-official--agency-dcf--DCF 52.47}

(1) Applicability. This section applies to transportation of residents by any of the following:

(a) Center-owned or leased vehicles.

(b) Vehicles driven by volunteers, student interns or center staff.

(2) School buses. A school bus, as defined in s. 340.01 (56), Stats., that is used to transport residents shall be in compliance with ch. Trans 300.

(3) Driver information.

(a) When a center provides transportation, the name of each driver, type of license held and the date of expiration of the license shall be on file at the center.

(b) When a center contracts for transportation services, the center shall have on file the name, address and telephone number of the contracting firm and the name and home telephone number of a representative of the firm.

(4) Driver qualifications.

(a) The driver of a center-operated or center-contracted vehicle shall hold a current valid operator’s license for the type of vehicle being driven, be at least 18 years of age and have one year of experience as a licensed driver.

(b) A center shall obtain and keep on file before initial service and annually thereafter a copy of each center driver’s driving record.

(c) Before a driver may transport residents, the center shall check the driver’s driving record for any reckless driving safety violation under s. 346.62, Stats., and for operation of a motor vehicle under the influence of an intoxicant or other drug under s. 346.63, Stats. A driver having a driving record with any of these violations in the last 12 months may not transport residents.

Note: For a copy of a driver’s driving record, contact the Bureau of Driver Services, Department of Transportation, P.O. Box 7918, Madison, Wisconsin 53707.

(5) Vehicle capacity and supervision.

(a) A center shall provide one adult supervisor in a vehicle in addition to the driver in either of the following circumstances:

When transporting more than 2 residents unable to take independent action and having limited ability to respond to an emergency.
When transporting a resident with a recent history of physically aggressive or acting out behavior.

(b) A center vehicle may only carry as many passengers as the vehicle is rated for by the manufacturer.

(6) Vehicle.

(a) Operation. A vehicle used to transport residents shall meet all of the following conditions:

Be in safe operating condition and carry vehicle liability insurance with minimums no less than those provided in s. 121.53 (1), Stats. Once a year for a vehicle 2 years of age or older, the licensee shall place on file evidence of the vehicle’s safe operating condition on a form provided by the department.

Note: Form number CFS52, Vehicle Safety Inspection, is available in the forms section of the department website at http://dcf.wisconsin.gov or by writing or calling any field office listed in Appendix D.

Be registered in Wisconsin.
Carry emergency information such as local police and ambulance service phone numbers and phone numbers of center personnel to notify in case of accident.
Be clean, uncluttered and free of obstructions on the floors, aisles and seats.
Be enclosed.
Have a Red Cross-approved first aid kit.

(am) Child safety seats. No licensee or person acting on behalf of a licensee may transport any resident under the age of 8 years or less than 80 pounds in weight in any private motor vehicle unless the following conditions are met, as required in s. 347.48 (4), Stats.:

Each resident who is less than one year old or who weighs less than 20 pounds being transported in a vehicle shall be properly seated and restrained in a rear-facing individual child car safety seat in the back seat of the vehicle.
Each resident who is at least one year old but less than 4 years old or who weighs at least 20 pounds but less than 40 pounds shall be properly restrained in a forward-facing individual child car safety seat in the back seat of the vehicle.
Each resident who is at least 4 years old but less than 8 years old, who weighs at least 40 pounds but not more than 80 pounds, or who is 4 feet 9 inches tall or less, shall be properly restrained in a shoulder-positioning child booster seat.

(b) Seat belts. Each resident who is not required to be in an individual child car safety seat when being transported shall be properly restrained by a seat belt, except as provided in s. 347.48 (2m), Stats., and ch. Trans 315. Seat belts may not be shared.

(d) No smoking. Smoking is prohibited in vehicles while transporting residents.

(7) Accident report. A center shall submit to the department a copy of the official police report of any accident involving a center vehicle transporting residents, within 5 days after occurrence of the accident.

History

Cr. Register, February, 2000, No. 530, eff. 9-1-00; EmR1106: emerg. cr. (6) (am), r. and recr. (6) (b), eff. 9-16-11; CR 11-026: cr. (6) (am), r. and recr. (6) (b) Register December 2011 No. 672, eff. 1-1-12.

Wis. Admin. Code § DCF 52.48 Clothing and laundry {#sec-dcf-52.48 omnilex-key=us-wi-regs-official--agency-dcf--DCF 52.48}

(1) Clothing. Residents may wear their own clothing. Residents who do not have enough of their own clothing shall have appropriate non-institutional clothing of proper size furnished by the center. Each center shall do all of the following:

(a) Develop a list of clothing required for residents and maintain a resident’s wardrobe at or above this level. The list shall be approved by the department.

(b) Furnish each resident with appropriate size clothing, appropriate to the season and comparable to that of children of similar age in the community, and arrange for each resident to participate in the selection and purchase of the resident’s own clothing to the maximum extent feasible. Each resident’s clothing shall be identified as the resident’s own.

(c) Have shoes fitted to the individual resident and kept in good repair. Shoes that were worn by one resident shall not be given to another resident.

(2) Laundry. Each resident shall have access to laundry service at reasonable intervals or to a washer and dryer.

History

Cr. Register, February, 2000, No. 530, eff. 9-1-00; EmR1414: emerg. am. (1) (b), eff. 8-1-14; CR 14-054: am. (1) (b) Register April 2015 No. 712, eff. 5-1-15; CR 21-107: am. (1) (b) Register June 2022 No. 798, eff. 7-1-22.

Wis. Admin. Code § DCF 52.49 Resident records {#sec-dcf-52.49 omnilex-key=us-wi-regs-official--agency-dcf--DCF 52.49}

(1) General requirements.

(a) A center shall provide safeguards against loss or damage of resident records by fire, theft or destruction.

(b) Child-placing agencies and county departments shall have access to the case records of children they place.

(c) Student interns may have access to resident records only under the supervision of center staff and after signing the confidentiality statement under s. DCF 52.12 (7) (d).

(d) When a center closes, the center shall arrange for safe and secure storage of resident case records.

(2) Individual case records.

(a) A center shall maintain a case record on a resident at the licensed location where the resident resides. A resident’s case record is confidential and shall be protected from unauthorized examination pursuant to ss. 48.78 and 938.78, Stats., or, where applicable, s. 51.30 (4), Stats., and ch. DHS 92. The center shall maintain a resident’s case record for 7 years after the resident’s discharge or until the child reaches age 19, whichever is later.

(b) Each document in a resident’s case record shall be legible, dated and signed by the person submitting the document. A resident’s case record shall include all of the following:

A treatment record which contains all of the following:

a. A history of the resident and resident’s family.

b. The pre-admission screening required under s. DCF 52.21 (2).

c. The written needs assessment and treatment plan required under s. DCF 52.22 (2).

d. Treatment progress notes and implementation and review documentation required under s. DCF 52.22 (3).

dm. Reasonable and prudent parenting decision records required under s. DCF 52.415 (2) (e).

e. Progress reports on residents receiving non-center professional services, as required under s. DCF 52.12 (8) (a) 3. and, if applicable, follow-along or support efforts under s. DCF 52.12 (8) (b).

f. The aftercare plan required under s. DCF 52.23 (1) (b).

g. The discharge summary required under s. DCF 52.23 (3).

h. All signed written consents required under s. DHS 94.03, including consent to non-emergency use of psychotropic medications under s. DCF 52.46 (5) (c) 2. and consent for locked unit use under s. DCF 52.42 (7) (a) 3. d.

i. Documentation of denial of resident rights and copies of the resident’s grievances and responses to them.

j. Incident reports under ss. DCF 52.41 (1) (a) 10. and 52.42 (6).

k. A recent photo of the resident.

L. Any report of child abuse or neglect under s. DCF 52.12 (9).

A health record which contains all of the following:

a. All health and medications information and documentation required under ss. DCF 52.45 and 52.46.

b. Written informed consents for medical services required under s. DCF 52.21 (5).

c. Documentation about any special nutritional or dietary needs identified by a physician or dietician, and a copy of the resident’s nutritional care plan if required under s. DCF 52.44 (2) (c).

The educational record required under s. DCF 52.43 (5).
All of the following information:

a. The name, sex, race, religion, birth date and birth place of the resident.

b. The name, address and telephone number of the resident’s parent or guardian and legal custodian, if any, at the time of admission.

c. The date the resident was admitted and the referral source.

d. Documentation of current court status if applicable, and current custody and guardianship arrangements. Documentation shall include copies of any court order, placement agreement or other authorization relating to the placement and care of the resident.

e. For a resident from another state, interstate compact approval for placement required under s. DCF 52.21 (3) (a).

f. Any records of vocational training or employment experiences.

g. Records on individual resident accounts under s. DCF 52.41 (8).

(3) Other records on residents.

(a) A center shall maintain the following additional records relating to residents:

A register of all residents as required under s. DCF 52.21 (9). The register shall be kept permanently.
Records under s. DCF 52.11 (9) of all complaints and grievances received and of investigation of complaints and grievances conducted within the licensing period.
All reports to the department under s. DCF 52.11 (10) concerning the hospitalization or death of a resident.

(b) A center shall maintain the records under par. (a) 2. and 3. at least 5 years after the date of the final entry.

(4) Electronic record storage. A center may store records electronically if it obtains the approval of the department and follows department procedures.

History

Cr. Register, February, 2000, No. 530, eff. 9-1-00; corrections in (2) (a), (b) and (3) (a) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; EmR1633: emerg. cr. (2) (b) 1. dm., eff. 11-18-16; CR 16-051: cr. (2) (b) 1. dm. Register July 2017 No. 739, eff. 8-1-17.

Subchapter VI Physical Environment and Safety

Wis. Admin. Code § DCF 52.51 Buildings and grounds {#sec-dcf-52.51 omnilex-key=us-wi-regs-official--agency-dcf--DCF 52.51}

(1) Required compliance.

(a) Standards. All buildings of a residential care center shall comply with the following requirements:

The applicable state building code requirements in chs. SPS 361 to 366, the Wisconsin Commercial Building Code and applicable local ordinances.
All requirements in this subchapter, regardless of when a facility was built, except as otherwise provided in this subchapter.

(b) Building inspections. Before beginning operation as a residential care center, all buildings of the residential care center shall be inspected by the Wisconsin department of safety and professional services by a certified building inspector and as needed.

(c) Construction approval. The licensee shall submit for approval to the department and to the department of safety and professional services, division of safety and buildings, plans for any new buildings or for alterations which will affect the structural strength, area dimensions, safety or sanitary conditions of existing buildings. The center shall have in writing the approval of both the department and the department of safety and professional services before letting contracts for construction.

Note: Send building plans to the appropriate Building, Grounds and Safety field office of the Department of Safety and Professional Services and to your licensing representative at the appropriate field office listed in Appendix D.

(d) Exclusive use of space. Center living or work space designated on approved building plans for use by residents or staff may not be used for other purposes, except with approval of the department’s licensing specialist.

(e) Center grounds. Center grounds shall be maintained in a clean and orderly condition and shall be free of refuse, debris and hazards.

(2) Housing blind and disabled residents.

(a) Except as provided under par. (b), buildings housing residents unable to take independent action for self-preservation shall be of fire-resistive construction as defined in chs. SPS 361 to 366, the Wisconsin Commercial Building Code or protected by a complete, automatic fire sprinkler system. Sprinkler systems installed shall have residential sprinkler heads or fast response sprinkler heads. A sprinkler system shall meet the requirements of chs. SPS 361 to 366, the Wisconsin Commercial Building Code and any applicable local ordinances for a building of 16 or fewer beds or for a building with 17 or more beds. A sprinkler system shall be installed in accordance with the manufacturer’s instructions.

Note: See s. DCF 52.55 (7) for inspection and maintenance requirements for sprinkler systems.

(b) Sprinklered residential living areas in a building shall be separated from adjacent non-sprinklered or non-fire proof construction areas in the same building by at least a 2-hour rated fire wall separation.

(c) A center which serves residents who are not able to walk or are able to walk only with crutches or other means of support shall comply with accessibility requirements found in appendix B of this chapter.

(3) Interior doors.

(a) Except for locked rooms or units under s. DCF 52.42, all interior doors, including those for closets, shall have fastenings or hardware that will allow opening from the inside with one hand without the use of a key.

(b) The design of a door equipped with a lock or latch shall permit opening the door from either side in case of emergency.

(c) In a building housing residents, an employee on each work shift shall have a key or other means of opening doors with locks or closing devices in that area.

(4) Accessibility. Accessibility requirements in appendix B of this chapter shall be met for residents.

(5) Electrical.

(a) Electrical wiring, outlets and fixtures shall be properly installed and maintained in safe working condition as required under ch. SPS 316.

(b) The minimum number of fixtures and outlets shall be as follows:

At least one approved ceiling or wall-type electric light fixture for every lavatory, bathroom, kitchen or kitchenette, dining room, laundry room and furnace room, with no less than 5 footcandles of light at floor level in the center of the room, and with switches or equivalent devices for turning on at least one conveniently located light in each room and passageway to control the lighting in the area. The center may substitute a switched fixture for a ceiling or wall fixture in lavatories, bathrooms and dining rooms.
Duplex outlets as follows:

a. At least one outlet in each resident bedroom and in each laundry area and bathroom.

b. At least 2 outlets in any other habitable room including a dining room.

c. At least 3 outlets in the kitchen, with separate outlets for the refrigerator and electric stove.

Ground fault interrupt protection for any electrical outlet within 6 feet of a water source in a bathroom, kitchen area, laundry room or basement and on the exterior of the facility and in the garage.

(c) Extension cords may not be used inside buildings to provide regular electrical service. Where extension cords are used inside buildings, the center shall plug extension cords into underwriters laboratories (U.L.) approved fused convenience outlets or outlet banks.

(d) A center may not have any temporary wiring or exposed or abandoned wiring.

(e) Center electrical service inspections shall be completed by a certified inspector as required under ch. SPS 316.

History

Cr. Register, February, 2000, No. 530, eff. 9-1-00; correction in (2) (a) made under s. 13.93 (2m) (b) 7., Stats., Register, June, 2001, No. 546; CR 04-040: am. (1) (a) 1., (b) and (2) Register December 2004 No. 588, eff. 1-1-05; correction in (3) (a) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; correction in (1) (a) 1., (b), (c), (2) (a), (5) (a), (e) made under s. 13.92 (4) (b) 6., 7., Stats., Register December 2011 No. 672, eff. 1-1-12.

Wis. Admin. Code § DCF 52.52 General physical environment {#sec-dcf-52.52 omnilex-key=us-wi-regs-official--agency-dcf--DCF 52.52}

(1) Resident living space.

(a) Center buildings housing 9 or more residents. Buildings constructed or other facilities converted to resident living space for 9 or more residents after February 1, 1971 shall contain resident living space at least equal to 60 square feet per resident. In this paragraph, “resident living space” means indoor living and recreation space in addition to bedroom space and dining space and exclusive of hallways less than 7 feet in width, bathrooms, lockers, offices, storage rooms, latched or locked time-out rooms, locked units, staff rooms, furnace rooms, any unfinished part of a building and that part of the kitchen occupied by stationary equipment.

(b) Center buildings housing 8 or fewer residents. Center buildings housing 8 or fewer residents shall provide at least 200 square feet of combined resident living space, bedroom space and dining space for each occupant. In this paragraph, “resident living space” includes all areas of the house except an unfinished basement, attic, or similar areas not usually occupied in daily living.

(2) Dining space. A center shall provide at least 15 square feet of dining space for each occupant.

(3) Windows.

(a) All windows through which sunlight enters shall have appropriate coverings, and all openable windows shall have insect-proof screens in the summer.

(b) A center which is licensed for the first time or moves to a new location after September 1, 2000 shall meet the window requirements of chs. SPS 361 to 366.

(4) Temperatures and airflow.

(a) The inside temperature of a center building for residents may not be lower than 67° F. (20° C.).

(b)

The inside temperature of a center building for residents may not be higher than 85° F (30° C.).
A center without a system to maintain the inside temperature below 85° F (30° C.) shall provide direct air circulation with electrical fans and have openable windows or provide fresh air flow or give residents access to air conditioned areas for heat relief.

(5) Furnishings. Each room used by residents shall contain furnishings appropriate for the intended use of the room. Furnishings shall be safe for use by residents and shall present a comfortable and orderly appearance.

(6) Upkeep.

(a) Centers shall keep all rooms used by residents clean and well-ventilated.

(b) Residents shall be responsible only for the cleanliness of their bedrooms or living areas. A center may not hold residents responsible for the general cleanliness of the center.

(7) Telephone.

(a) A non-pay telephone shall be available for use by residents in each building housing residents.

(b) Each phone shall have emergency numbers posted near it for the fire department, police, hospital, physician, poison control center and ambulance service.

History

Cr. Register, February, 2000, No. 530, eff. 9-1-00; correction in (3) (b) made under s. 13.93 (2m) (b) 7., Stats., Register December 2004 No. 588; correction in (3) (b) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672, eff. 1-1-12.

Wis. Admin. Code § DCF 52.53 Bath and toilet facilities {#sec-dcf-52.53 omnilex-key=us-wi-regs-official--agency-dcf--DCF 52.53}

A center shall meet all of the following requirements for bath and toilet facilities and the use of them:

(1)

(a) The center shall provide in buildings housing residents one toilet and either a tub or shower for every 8 residents or fraction thereof and one handwashing sink with hot and cold running water for every 4 residents or fraction thereof. At least one-half of the required toilets, tubs or showers and handwashing sinks shall be on the same floor or floors as the sleeping rooms.

(b) Where 9 or more residents reside in a building, the center shall also provide at least one toilet and handwashing sink with hot and cold running water near living rooms and recreation areas for every 8 residents or fraction thereof and provide separate bath and toilet facilities for staff.

(c) In buildings housing both male and female residents, the center shall provide separate bathrooms for each sex and provide separate combination toilet and handwashing sink facilities where center resident activities include both sexes.

(2) Bathroom facilities accessible only through a resident bedroom shall be counted only for the residents of the bedroom.

(3) Every room with a toilet shall have a handwashing sink with hot and cold running water.

(4) If a resident needs assistance in toileting and bathing, a center shall direct a staff member to provide that assistance.

(5) All sinks, tubs and showers shall have an adequate supply of hot and cold water. Hot water shall be regulated by a plumbing industry approved temperature control device such as a mixing valve. The temperature of water delivered at the tap may not exceed 110° F. (43° C.).

(6) All bath and toilet areas shall have good lighting and ventilation and be maintained in a sanitary condition. Safety strips shall be applied to the floors of tubs and showers to prevent slipping.

(7) Toilets, bathtubs and showers used by residents shall be equipped for privacy unless specifically contraindicated for a particular resident by that resident’s treatment or care needs, and even then privacy in relation to other residents shall be provided.

(8) The center shall provide each resident with items, conditions and access necessary for personal hygiene and self-grooming including, but not limited to, all of the following:

(a) An individual toothbrush and tube of toothpaste.

(b) Access to a shower or bathtub daily, unless medically contraindicated.

(d) Equipment and facilities for shaving and washing.

(e) Mirrors.

(f) Clean individual towels, washcloths and individually dispensed soap.

History

Cr. Register, February, 2000, No. 530, eff. 9-1-00.

Wis. Admin. Code § DCF 52.54 Bedrooms {#sec-dcf-52.54 omnilex-key=us-wi-regs-official--agency-dcf--DCF 52.54}

(1) Minimum space.

(a) Single occupancy. Each center bedroom for one resident shall have a minimum of 80 square feet of floor space except that if the resident is not able to walk or is able to walk only with crutches or other means of support the bedroom shall have a minimum of 100 square feet of floor space.

(b) Shared occupancy. Each center bedroom for more than one resident shall have a minimum of 60 square feet of floor space for each resident except that if a resident is not able to walk or is able to walk only with crutches or other means of support, the bedroom shall have a minimum of 80 square feet of floor space for each resident.

(2) Maximum number of residents. No bedroom may accommodate more than the following:

(a) Four residents in a facility initially licensed before September 1, 2000.

(b) Two residents in a facility initially licensed on or after September 1, 2000.

(3) Walls or partitions and doors.

(a) Each bedroom shall be enclosed on 4 sides by walls or partitions. The walls or partitions shall be:

At least 6 feet in height in facilities initially licensed prior to September 1, 2000.
Floor-to-ceiling fixed partitions or walls in facilities initially licensed on or after September 1, 2000.

(b) Each bedroom shall have an outside wall with a window that is openable to the exterior.

(4) Prohibited locations. A center may not locate a resident bedroom in an unfinished basement or attic or in any other area not normally used as a bedroom.

(5) Prohibited use.

(a) No bedroom may be used by anyone who is not an occupant of the bedroom to gain access to any other part of the center or any required exit.

(b) No resident bedroom may be used for purposes other than as sleeping and living space for bedroom occupants.

(6) Beds and bedding.

(a) A center shall provide each resident with a single bed appropriate to the resident’s needs. The bed may not be less than 36 inches wide or shorter than the height of the resident. A bed shall have all of the following:

A mattress that is firm, clean, comfortable and in good condition.
A mattress pad, 2 sheets, 2 blankets, a pillow case, a clean, comfortable pillow and a bedspread.
A mattress cover that is waterproof if the resident is incontinent.

(b)

A center shall provide a change of sheets and pillow case at least once a week for each resident.
A center shall provide a change in bedding immediately when a resident wets or soils the bed.
A center shall provide a complete change of bedding upon a change in bed occupancy.

(d) Beds shall be at least 3 feet apart at the head, foot and sides, except that a bunkbed shall be at least 5 feet apart at the sides from another bed. Bunk beds shall provide at least 36 inches of headroom between the bedroom ceiling and the top mattress. A triple decker bed may not be used.

(7) Storage space. A center shall provide each resident with sufficient private space in or near the resident’s bedroom for personal clothing and possessions. Each resident shall have a closet or wardrobe located in or next to the bedroom.

(8) Assigned bedrooms.

(a) In assigning a resident to a bedroom, a center shall consider the resident’s age and developmental needs and be guided by any clinical recommendations.

(b) Male and female residents may not share the same bedroom.

(9) Sleeping schedule. Residents shall have set routines for waking and sleeping. Each resident in the daily routine shall have available at least 8 hours of sleep.

(10) Disabled residents. Bedrooms for residents who are not able to walk or who can walk only with a means of support such as crutches shall be located on a floor level that has an exit discharging at grade level.

(11) Resident possessions. A center shall permit a resident to have personal furnishings and possessions in the resident’s bedroom, unless contraindicated by the resident’s treatment plan.

History

Cr. Register, February, 2000, No. 530, eff. 9-1-00.

Wis. Admin. Code § DCF 52.55 Fire safety {#sec-dcf-52.55 omnilex-key=us-wi-regs-official--agency-dcf--DCF 52.55}

(1) Evacuation plan. A center in consultation with the local fire department shall develop a detailed flow chart type evacuation plan for each building with arrows pointing to exits. The center shall do all of the following:

(a) Post the evacuation plan for a building in a conspicuous place in the building.

(b) Be able to provide through plan procedures for both of the following:

Safe conveyance of all residents promptly from the center by staff in one trip.
Designated places away from the center to which all residents are evacuated or at which all are to meet so that it can be determined if all residents are out of danger.

(2) Evacuation drills.

(a) Each center shall conduct evacuation drills as follows:

An announced drill at least once every 2 months.
An unannounced drill at least every 6 months.

(b) A center shall maintain a log of all evacuation drills that records the date and time of each drill, the time required to evacuate the building and any problems associated with the evacuation.

(3) Fire department inspection. A center shall arrange for the local fire department to conduct a fire inspection of the center each year. The center shall maintain on file a copy of inspection report.

(4) Smoke detection system.

(a) Smoke detectors shall be installed and in accordance with ch. SPS 316 and chs. SPS 361 to 366, the Wisconsin Commercial Building Code, applicable local ordinances, and this section. Individual smoke detectors shall be tested according to the manufacturer’s instructions but not less than once a month. Interconnected smoke detectors shall be inspected and maintained in accordance with the manufacturer’s or installer’s instructions and shall be tested not less than every 3 months. The center shall keep a log of the tests with dates and times.

(b) A center built or initially licensed before 1982 shall have, at minimum, a battery operated smoke detection system meeting the requirements under pars. (a) and (c) 3. and 5.

(c) A center built in 1982 or later or a licensee moving a center to a different building after September 1, 2000 shall have an interconnected smoke detection system meeting all of the following requirements:

Except as provided under subd. 2., a building housing residents shall have, at a minimum, a smoke detection system to protect the entire building. That system shall either trigger alarms throughout the building or trigger an alarm located centrally. The alarm shall be audible throughout the building when the detector activates.
A building that has no more than 8 beds may have a radio-transmitting smoke detection system located in a central area of the building. That system shall trigger an audible alarm heard throughout the building.
A smoke detection system shall be installed in accordance with the manufacturer’s instructions.
An interconnected smoke detection system installed on or after September 1, 2000 shall have a secondary power source.
A center shall have a smoke detector located in at least the following locations in each building housing residents:

a. In the basement.

b. At the head of every open stairway.

c. At the door on each floor level leading to every enclosed stairway.

d. In every corridor, spaced in accordance with the manufacturer’s separation specifications.

e. In each common use room, including every living room, dining room, family room, lounge and recreation area.

f. In each sleeping area of each living unit or within 6 feet from the doorway of each sleeping area.

Smoke detectors shall not be installed in a kitchen.

(5) Stairway smoke containment. A center shall provide floor-to-floor smoke cut-off through a one hour labeled fire-resistant self-closing door for open interior stairways and for all enclosed interior stairways at each floor level to provide floor to floor smoke separation.

(6) Heat sensing devices. A center shall have heat-sensing devices in the kitchen and attic.

Note: It is recommended that a rate-of-rise heat detector be used in an attic rather than a fixed temperature heat detector. Rate-of-rise heat detectors respond to a fire sooner, particularly when it is cold outside. It is recommended that a fixed temperature heat detector be used in the kitchen.

(7) Sprinkler system inspection. Where a sprinkler system has been installed under s. DCF 52.51 (2), the system shall be inspected and tested in accordance with NFPA Code 25. The center shall keep a copy of the certification of inspection on file.

(8) Fire safety training. All center staff shall take a technical college course or receive training from someone who has taken a technical college “train the trainer” course on fire safety and evacuation developed for community-based residential facilities regulated under ch. DHS 83. New center staff shall take the training within 6 months after beginning work at the center. All center staff shall be familiar with all of the following:

(a) Facility fire emergency plans and evacuation procedures.

(b) Fire extinguisher use.

(9) Flammables.

(a) A center shall keep all flammable liquid fuels in separate buildings not attached to buildings housing residents. Flammable liquid fuels shall be inaccessible to residents. Storage and labeling of flammable liquid fuel containers shall meet requirements for portable tank storage in ch. SPS 314. A center shall limit total storage to 10 gallons in each of the separate buildings, except for the contents of the gasoline tanks of motor vehicles.

(b) Other flammables such as paints, varnishes and turpentine shall be stored in fire-proof cabinets meeting the requirements of chs. SPS 361 to 366. The center shall keep these flammables locked and inaccessible to residents, unless a flammable is used in an activity supervised by staff with experience in using these kinds of flammable liquids.

(10) Fire extinguishers. A center shall meet all of the following requirements for fire extinguishers:

(a) Buildings or areas in which flammable liquids are stored, and kitchen areas, shall have a fire extinguisher with a 2A, 40 BC rating.

(b) Other buildings shall have fire extinguishers with a minimum 2A, 10 BC, rating.

(c) The number, location, mounting, placement and maintenance of fire extinguishers shall comply with chs. SPS 314 and 361 to 366.

(d) Each floor used for resident activities shall have at least one fire extinguisher.

(11) Prohibited heating and cooking devices.

(a) Center buildings housing residents may not use portable space heaters or any device which has an open flame.

(b) Bedrooms may not contain cooking devices.

(12) Isolation of hazards. Centers shall comply with chs. SPS 361 to 366, the Wisconsin Commercial Building Code and applicable local ordinances on isolation of hazards within buildings.

(13) Use of listed equipment. Smoke and heat detectors and sprinkler equipment installed under this section shall be listed by a nationally recognized laboratory that maintains periodic inspection of production of tested equipment. The list shall state that the equipment meets nationally recognized standards or has been tested and found suitable for use in a specified manner.

History

Cr. Register, February, 2000, No. 530, eff. 9-1-00; correction in (12) made under s. 13.93 (2m) (b) 7., Stats., Register, June, 2001, No. 546; CR 04-040: am. (4) (a) and (12) Register December 2004 No. 588, eff. 1-1-05; correction in (10) (c) made under s. 13.93 (2m) (b) 7., Stats., Register December 2004 No. 588; corrections in (7), (8) (intro.) and (9) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; correction in (4) (a), (9) (a), (b), (10) (c), (12) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672, eff. 1-1-12.

Wis. Admin. Code § DCF 52.555 Carbon monoxide detector {#sec-dcf-52.555 omnilex-key=us-wi-regs-official--agency-dcf--DCF 52.555}

(1) A residential care center in a one-unit or two-unit building shall have a functional carbon monoxide detector installed in the basement and on each floor level, except the attic, garage, or storage area of each unit, in accordance with the requirements of s. 101.647, Stats.

Note: A one-unit building is a single family residence. A two-unit building is a duplex or two-flat.

(2) A residential care center in a building with at least 3 units shall have one or more functional carbon monoxide detectors installed in accordance with the requirements of s. 101.149, Stats.

History

EmR1106: emerg. cr., eff. 9-16-11; CR 11-026: cr. Register December 2011 No. 672, eff. 1-1-12.

Wis. Admin. Code § DCF 52.56 General safety and sanitation {#sec-dcf-52.56 omnilex-key=us-wi-regs-official--agency-dcf--DCF 52.56}

(1) Private well water supply. Use of a private well for the center’s water supply is subject to approval by the Wisconsin department of natural resources as required by s. DHS 190.05 (2). Testing of water samples shall be done annually by the state laboratory of hygiene or a laboratory approved under ch. ATCP 77. Water samples from an approved well shall be taken between April and October. Water sample tests shall show that the water is safe to drink and does not present a hazard to health. Water sample test results shall be on file and available for review by the department.

Note: Chapter DHS 190 has been repealed.

(2) Maintenance.

(a) A center shall maintain all of its buildings, grounds, equipment and furnishings in a safe, orderly and proper state of repair and operation. Broken, run down, defective or inoperative furnishings and equipment shall be promptly repaired or replaced.

(b) The center’s heating system shall be maintained in a safe condition as determined through an annual inspection by a certified heating system specialist, installer or contractor. The center shall keep on file copies of annual heating system inspection and service reports.

(3) Hazardous building materials. Buildings shall be lead-safe if lead-based paint is present, shall have any friable asbestos maintained in good condition and shall be free of urea formaldehyde insulation and any other harmful material which can pose a hazard.

(4) Floors. The surface condition of all floors in a center shall be safe for resident use.

(5) Exits.

(a) Egress requirements. A center shall comply with chs. SPS 361 to 366, the Wisconsin Commercial Building Code and applicable local ordinances for number and location of exits, type of exits, exit passageways, and illumination of exits and exit signs.

(b) Time delayed door locks. Before a center installs time delayed door locks on exits, the center must first request and obtain department of safety and professional services and department approval. Before a center installs time delayed door locks on any interior doors, the center must also request and obtain department of safety and professional services and department approval.

(6) Walks. Walks shall provide convenient all-weather access to buildings and shall be in a safe condition. Porches, elevated walkways and elevated play areas shall have barriers to prevent falls.

(7) Rooms below grade. Habitable rooms with floors below grade level shall be in compliance with chs. SPS 361 to 366, the Wisconsin Commercial Building Code and applicable local ordinances.

(8) Occupancy and garage separation. Residential buildings shall be separated from attached garages by a one-hour rated fire wall separation that either abuts a ceiling in the garage that will withstand fire for one hour or extends up to the underside of the garage roof.

(9) Glass hazards. Areas of a building where the risk is high for residents either to run into windows or where impact on glass presents a risk or hazard shall have screening or safety glass resistant to shattering. Replacement glass in areas exposed to potential hazardous impact shall meet the standards in chs. SPS 361 to 366, the Wisconsin Commercial Building Code and applicable local ordinances.

(10) Psychiatric screening.

(a) In this subsection, “psychiatric screening” means heavy mesh wire or translucent nonbreakable material placed over window openings to prevent egress.

(b) Psychiatric screening may be installed in areas where risk or hazard is greatest and in a way that preserves a reasonable living environment. Psychiatric screening installed in windows shall not hinder air exchange or the passage of light through the window.

(c) Before installing psychiatric screening, the center shall have department approval and shall obtain local fire department approval.

(11) Protective measures. The center shall provide screens or guards for all steam radiators, electric fans, electrical heating units and hot surfaces such as pipes. Fire detectors and emergency lights which could be vandalized by residents shall be protected by wire cages or by other acceptable means.

(12) Emergency power. Buildings housing 20 or more residents shall have emergency power as required in ch. SPS 316.

(13) Sewage disposal. A center shall use a municipal sewage system if one is available. If use of an independent or private sewage system is necessary, the installation shall comply with ch. NR 110.

(14) Swimming pools. Any center swimming pool shall comply with chs. SPS 390 and ATCP 76.

(15) Power tools and equipment. Residents may not be permitted in areas where power tools or equipment are used, except when power tools are part of a supervised educational program or supervised work activity.

(16) Dangerous materials. Poisons and other harmful substances shall be prominently and distinctly labeled. Poisons and other harmful substances shall be stored under lock and key and made inaccessible to residents. The center shall take special precautions when poisons and other harmful substances are in use to prevent contamination of food or harm to residents.

(17) Sanitation. A center shall comply with sanitation standards under ch. DHS 190, except that a center having a kitchen serving 10 or fewer residents need not comply with s. DHS 190.09 (5) (d).

Note: Chapter DHS 190 has been repealed.

(18) Firearms. No firearms or ammunition may be on the center premises. Residents may not have in their possession personal knives or other implements, devices or substances that may threaten the safety of others.

(19) Chemical weapons. No chemical weapon such as mace may be kept on the premises of the center.

(20) Alcoholic beverages and controlled substances. No alcoholic beverages or nonprescribed controlled substance may be consumed or stored on the premises of the center.

(21) Tobacco products.

(a) Each center shall have a written policy on staff use of tobacco on the center grounds. Smoking by center staff may only take place outside of licensed center buildings.

(b) Residents may not possess or use tobacco products.

(22) Emergency transportation. A center shall have an operable motor vehicle immediately accessible for use in an emergency.

(23) Tornado preparedness. A center shall have a written plan for response to the threat of tornados. The plan shall be posted at a conspicuous location at the center. The center shall do all of the following:

(a) Orient new staff and residents upon their arrival to the center’s tornado preparedness plan. Each year the center shall practice implementation of the plan once in the spring and once in the fall.

(b) Inform all staff members of their duties in the event that a tornado hits.

(24) Recreational pursuits.

(a) Camping facilities. A residential care center for children and youth that operates or uses camping facilities shall comply with requirements for recreational camps established under ch. ATCP 78, if applicable.

(b) Adventure-based experiences.

A center providing adventure-based experiences such as a ropes course, rock climbing, wilderness camping and hiking experiences to residents shall ensure that personnel leading and providing training to residents are trained and have experience for the type of adventure-based experience, and that equipment used in the experiences are properly installed, in good condition and in good working order.
Before a resident is permitted to participate in an adventure-based experience, the center shall ensure that the resident’s medical history does not prohibit participation in the type of activity planned. If there is a question about a resident’s ability to participate for medical reasons, the center shall not permit participation without the approval of the resident’s physician and the resident’s parent or guardian.
Staff-to-resident ratios shall be adequate to manage and supervise the experienced-based adventure based upon the number of residents and type of activity.

History

Cr. Register, February, 2000, No. 530, eff. 9-1-00; correction in (7) made under s. 13.93 (2m) (b) 7., Stats., Register, June, 2001, No. 546; CR 04-040: am. (5) (a), (7) and (9) Register December 2004 No. 588, eff. 1-1-05; corrections in (1), (14), (17) and (24) (a) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; correction (5) (a), (b), (7), (9), (12), (14) made under s. 13.92 (4) (b) 6., 7., Stats., Register December 2011 No. 672, eff. 1-1-12; EmR1414: emerg. am. (24) (a), eff. 8-1-14; CR 14-054: am. (24) (a) Register April 2015 No. 712, eff. 5-1-15; correction in (14), (24) (a) made under s. 13.92 (4) (b) 7., Stats., Register January 2017 No. 733.

Subchapter VII Specialized Programs

Wis. Admin. Code § DCF 52.57 Exceptions and additional requirements for type 2 programs {#sec-dcf-52.57 omnilex-key=us-wi-regs-official--agency-dcf--DCF 52.57}

(1) Applicability and authority to operate. A residential care center for children and youth designated by the Wisconsin department of corrections as a type 2 child caring institution may accept type 2 resident admissions only if approved by the department under the center’s license to operate a type 2 program.

(2) Type 2 program compliance.

(a) A residential care center for children and youth with a type 2 residential care center program shall comply with this chapter for youth who are admitted with type 2 status, except as otherwise provided under subs. (3) and (4), with type 2 provisions under ch. 938, Stats., and with any type 2-related policies and procedures and administrative rules that may be issued by the Wisconsin department of corrections.

(b) Violation of any type 2 related policy or procedure or administrative rule referenced in par. (a) constitutes a violation of this chapter.

(3) Type 2 temporary replacements.

(a) Applicability. The provisions of this chapter apply for type 2 temporary replacements except for s. DCF 52.21 (1), (2), (4), (6), (7) and (8) (a) and ss. DCF 52.22 and 52.23.

(b) Type 2 temporary replacement into same center. For type 2 replacements into a type 2 residential care center for a temporary placement lasting 10 days or less, the center shall document in the resident’s record all of the following:

The name of the agency and person authorizing replacement along with the placement agreement outlining care arrangements, expectations and special conditions, if any, on the resident.
Reason or precipitating incident or incidents for replacement being imposed.
Behaviors which the resident has been advised will lead to a type I sanction placement.
Center-provided service efforts to treat reasons for the resident’s type 2 replacement.
Any notable incidents by the resident during the resident’s stay.
Summary assessment of resolution of the issues identified under subd. 4. at discharge.
Names of person and agency to which the resident was discharged.

(c) Type 2 temporary replacement into a different type 2 center. Type 2 replacement into a type 2 residential care center that is not the type 2 residential care center in which the resident was originally placed shall meet the requirements under sub. (2) as though the type 2 resident was a first time type 2 admission. The rule section exceptions under par. (a) do not apply under this paragraph.

(4) Type 2 readmissions.

(a) Readmission within 6 months. A type 2 residential care center shall comply with the provisions for short-term programs under s. DCF 52.58 for a type 2 readmission of a youth to the same residential care center from which the youth was discharged within the previous 6 months.

(b) Readmission 6 months or more after being discharged or readmission to a different type 2 center. A type 2 residential care center shall comply with sub. (2) when a type 2 readmission to the same residential care center occurs 6 months or more after the youth was discharged or when the youth is readmitted to a different type 2 residential care center.

History

Cr. Register, February, 2000, No. 530, eff. 9-1-00; corrections in (3) (a) and (4) (a) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635.

Wis. Admin. Code § DCF 52.58 Exceptions and additional requirements for short-term programs {#sec-dcf-52.58 omnilex-key=us-wi-regs-official--agency-dcf--DCF 52.58}

(1) Applicability.

(a) A residential care center for children and youth may operate a short-term treatment program with approval of the department. This section applies to the operation of short-term treatment programs. A short-term treatment program shall comply with all provisions of this chapter except as provided in this section.

(b) The requirements of this section apply to short-term resident readmissions except that the assessment and treatment care plan for the resident under sub. (5) needs only be updated to reflect the resident’s current treatment and care needs.

(2) Definitions. In this section:

(a) “Short-term resident admission” means a short-term resident whose stay at the center is expected to be 90 days or less or whose return to the center for another short-term stay readmission occurs 90 days or more from the resident’s discharge from that center or who is placed into a different center for short-term care readmission.

(b) “Short-term resident readmission” means a short-term resident whose readmission to the center for another short-term stay occurs less than 90 days after a previous discharge from that center and whose stay at the center may be of varying periodic episodes within a 90-day period.

(c) “Short-term treatment program” means a program of temporary residential care and treatment service delivery to a resident whose placement is transitional for purposes of assessment, treatment, and planning for placement back into the community. “Short-term treatment program” does not include a respite care service program under s. DCF 52.59 or a crisis stabilization program certified under ch. DHS 34.

(3) Program statement. In place of the requirements for a program statement and operating plan under s. DCF 52.41 (1) (intro.), (a) and (b), a center that operates a short-term treatment program shall have a treatment program statement that includes all of the following:

(a) A narrative covering treatment purpose, philosophy, approach and methods for short-term transitional placement into the community.

(b) Identification of short-term treatment program professional service providers and consultants involved in short-term transitional placement efforts that are center or community based.

(d) A description of the extent to which the center’s short-term program is compatible with or will operate separately, including in residential living arrangements, from the center’s non-short-term residential program. If it will be operated separately, identification of the building or area in which the short-term program will be operated.

(e) A description of arrangements for continuing education of short-term residents.

(f) A description of health care arrangements for short-term residents, including the process for securing medical authorizations for general and emergency medical care including surgery.

(g) A description of recreational activities and programming available for short-term residents.

(4) Admissions. A center operating a short-term treatment program shall meet the provisions of s. DCF 52.21, except s. DCF 52.21 (5) (a) and (8) (a), and all of the following:

(a) Obtaining authorizations. For a short-term resident, the center as part of written admissions procedures shall obtain authorization from the parent or guardian of a resident for the center to do all of the following:

Provide or arrange for routine medical services and procedures, including dental services and non-prescription and prescription medications.
Obtain from a health care authority the authority to delegate and supervise administration of medications by center-authorized staff and for staff to handle and provide the medication to the resident and observe self-administration of the medication by the resident.
Obtain other medical information as needed on the resident.
Obtain written authorization to provide or order, when necessary, emergency medical procedures including surgery, when there is a life-threatening situation and it is not possible to immediately reach the parent or guardian authorized to give signed written specific informed consent.

(b) Health screening. Upon admission of a short-term resident, center staff shall do both of the following:

Observe the resident for evidence of ill health. A staff person capable of recognizing common signs of communicable diseases or other evidence of ill health shall make this observation. The new resident’s temperature shall also be taken and evaluated. If the new resident shows overt signs of communicable disease or other evidence of ill health, the center shall make arrangements for immediate examination by a health care practitioner.
Arrange for or obtain the results of a complete physical examination comparable to a HealthCheck examination for each resident in accordance with the HealthCheck periodicity schedule.

Upon admission of a new short-term resident to a center for a short-term treatment program, the center shall develop a preliminary care and treatment plan for the new resident pending completion of the short-term program assessment and treatment plan under sub. (5) (b).
The preliminary care and treatment plan shall be based on the center’s review of information received from the referral agency and the center’s professional intake staff person’s initial evaluation of the new resident’s treatment and care needs.
The preliminary care and treatment plan shall be completed within 7 calendar days of a short-term resident’s admission and shall identify or describe all of the following:

a. Referral agency goals and objectives for the resident, if any, and center care and treatment objectives for the resident.

b. The primary or immediate presenting behavior issues of the resident.

c. Center services to be provided to the resident to address those primary or immediate presenting behavior issues.

d. Any special immediate medical or dietary needs.

(5) Assessment, treatment planning and discharge planning.

(a) General. A center’s short-term treatment program shall meet the assessment and treatment planning requirements under par. (b), instead of those under s. DCF 52.22, for each resident. Center staff shall date and document meeting these requirements in each short-term resident’s record.

(b) Assessment and treatment and care planning. A plan for a short-term care resident’s care and treatment shall be developed within 15 calendar days of admission. The plan shall include all of the following:

‘Assessment.’ A documented assessment of the resident’s needs both immediate and for transition to community placement. The assessment shall be conducted where possible with resident care worker staff who will work with the resident, the placing person or agency, the resident if 12 years of age or older, a center social worker and, as necessary, professional consultants. The assessment shall cover all of the following:

a. Presenting issues or problems. These may include behavioral functioning, emotional or psychological status, personal and social development and familial relationships.

b. Educational needs.

c. Recreational interests and abilities.

d. Perceived barriers or risks in making the transition to community placement.

e. Services necessary to address assessment areas.

‘Treatment and care plan.’ A dated treatment and care plan developed where possible by the persons or agencies identified under subd. 1. that is time-limited, goal-oriented and individualized to meet specific resident needs identified in the assessment under subd.1. The plan shall include all of the following components:

a. Identification of staff and services to be provided or arranged by the center to meet the resident’s needs.

b. A statement of behavioral or functional objectives that specifies resident behaviors to be addressed with the objectives focused on preparing the resident for transition to community based placement services and other placement arrangements.

c. Transitional planning arrangements with the placing agency which provide for continuity in programming when the resident is placed into the community.

d. Arrangements for continuing educational services and other programming during the resident’s stay at the center.

‘Treatment plan implementation and review.’

a. A short-term resident’s services case manager shall coordinate, monitor and document in the resident’s treatment record a review and assessment of the treatment and care plan for the resident no later than 30 days after admission and at least every 30 days thereafter to determine the resident’s readiness for community placement by considering the resident’s strengths and suitability for community placement.

b. The review and assessment under subd. 3. shall identify the reason for continued placement at the center, any planning efforts for community placement, barriers to placement in the community and plans to eliminate those barriers and recommendations if any, for changes in transitional placement planning or in efforts to prepare the resident for community placement.

c. In documenting a review and assessment of the treatment and care plan for a resident, the resident’s services case manager shall enter the date of the review and list the participants in the review.

(c) Discharge planning. A short-term treatment program need only comply with sub. (2) in s. DCF 52.23, and shall include documentation of all of the following in any discharge plan for a resident:

The date and reason for discharge.
New location of the resident.
A brief statement identifying resident readiness for discharge and placement elsewhere and remaining needs.
Name and title of person and agency to which the resident was discharged.
For an unplanned discharge, a brief summary or other documentation of the circumstances surrounding the discharge.

(6) Resident records. A short-term treatment program shall meet the resident record requirements in this section and in s. DCF 52.49 except under s. DCF 52.49 (2) (b) 1. a. to g. and 3.

(7) Training and evaluation.

(a) Initial training for staff of short-term treatment programs shall include training in the following areas:

Wrap around principles and philosophy.
Arranging for transitional care and transitional placement planning principles and methods.

(b) A center shall at least annually evaluate its short-term treatment care program through a center survey to be completed and returned to the center by referral sources. The center shall use the survey information to improve, as necessary, its short-term care program.

History

Cr. Register, February, 2000, No. 530, eff. 9-1-00; corrections in (2) (c), (3) (intro.), (4) (intro.), (5) (a), (c) (intro.) and (6) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; EmR1414: emerg. am. (2) (c), (4) (b) 1., 2., eff. 8-1-14; CR 14-054: am. (2) (c), (4) (b) 1, 2., (5) (b) 2. d. Register April 2015 No. 712, eff. 5-1-15; CR 21-107: am. (2) (b) Register June 2022 No. 798, eff. 7-1-22.

Wis. Admin. Code § DCF 52.59 Respite care services programs {#sec-dcf-52.59 omnilex-key=us-wi-regs-official--agency-dcf--DCF 52.59}

(1) Applicability. A residential care center for children and youth may operate a respite care services program with approval of the department. A residential care center for children and youth that chooses to provide respite care services shall comply with the provisions of this chapter except as stated in this section.

(2) Definitions. In this section:

(a) “Respite care” means temporary care for a child with a disability or special care need, usually on behalf of a parent or regular caregiver for the purpose of providing relief to the parent or regular caregiver from the extraordinary and intensive demands of providing ongoing care for the child, but also for when a parent or regular caregiver may be at risk of abusing a child due to stress and, therefore, requires relief from caregiver duties, or the parent or regular caregiver is in a crisis situation that can be alleviated by providing temporary relief from caregiver duties.

(b) “Respite care services episode” or “episode” means a period of time during which respite care is provided to a parent or regular caregiver by placing a child, otherwise under the parent’s or regular caregiver’s care, at a residential care center.

(c) “Respite care services program” means a center-provided program of respite care services for a child with a disability or special need on behalf of a parent or regular caregiver and includes, for the child, individualized personal care and services at the level necessary to meet the child’s immediate needs, along with room and board provided in comfortable surroundings.

(3) Exceptions for respite care programs. Respite care programs shall comply with all provisions of this chapter except the following:

(a) Section DCF 52.21 (1), (2), (5) (a) and (8) (a).

(b) Sections DCF 52.22 and 52.23.

(d) Section DCF 52.49 (2) (b) 1. a. to g. and 3.

(4) Program statement. A center accepting respite care clients shall have a program statement describing its respite care services program. The program statement shall cover at minimum all of the following:

(a) The purposes for which respite care is provided and the type of population served.

(b) Specific center assessment procedures and services available for care arrangements in assisting a child admitted for respite care.

(d) Staffing arrangements for respite care services.

(e) Health care arrangements for respite care placements, including the process for securing medical authorizations for general and emergency medical care including surgery.

(f) Recreational activities and programming for respite care placements.

(5) Admissions. A center operating a respite care services program shall have all of the following written policies and procedures for admission of a prospective respite care resident:

(a) A policy regarding the type of respite care children who can be served, such as those who are emotionally disturbed, physically disabled, medically needy, or developmentally disabled, including the specific types of developmental disabilities served.

(b) Procedures for screening children referred for respite care to ensure that they are appropriate for the center’s respite care program.

(c) Procedures for obtaining parent or guardian written consents for emergency medical care and authorization for administration of medications.

(d)

Procedures for obtaining from the parent or other regular caregiver necessary and essential information for the temporary care of the child, which may include medical, behavioral, dietary, or emotional concerns and appropriate responses or instructions. Assessment shall cover at minimum the following areas: eating, toileting, mobility, communication, health problems, behavioral issues, socialization, supervision needs, and personal self-help.
Procedures for obtaining identifying information at the time of admission on the child and the child’s family and information about current special needs of the child, including usual day activities; transportation arrangements; any appointments; current health problems; special equipment used; communication issues; behavioral issues; eating habits, schedule and preferences; sleeping habits and any usual bedtime routine; toileting concerns; safety concerns; discipline or behavioral management recommendations; preferred leisure time activities; and any other comments from the parent or regular caregiver.

(e) Procedures as described under s. DCF 52.21 (7) for orienting a child to the center’s respite care program, available care staff and room arrangements, and assisting the child in any adjustment issues to the child’s temporary stay.

(f) Procedures for assigning specific care staff to a respite care child.

(g) Procedures for contacting the parent or other regular caregiver regarding care questions or in emergency situations.

(h) A policy on who may pick up the child or youth at the end of respite care and policies and procedures for establishing the date and time at which the child or youth is to be picked up.

(i) Procedures for making a record of all of the child’s personal belongings and medications upon arrival at the center.

(j) Procedures for maintaining a log with dates of all respite care episodes for each child.

(6) Staffing. A center shall assign a staff person to have primarily responsibility for the center’s respite care services program. This person shall have experience in serving the type of disability or population the center serves. Staff-to-child ratios shall at minimum meet the ratio as otherwise prescribed in s. DCF 52.12 or be as needed to meet the needs of the respite care persons in care. The responsible staff person shall have access to medical, psychiatric, dietary and social services consultation as needed.

(7) Written care plan.

(a) Written care plan. A center shall develop a written plan of care for each child admitted to the center for respite care.

(b) Planning for the child.

The written care plan shall be prepared in consultation with the child’s parent or other regular caregiver and prior to placement, except if the reason for placement is of a crisis emergency nature.
The written care plan shall provide for necessary service supports to meet social, emotional adjustment, medical, and dietary needs; physical environment accommodation; means for the respite care child to contact the child’s parent or other regular caregiver; accommodations to meet physical disabilities such as requiring, if needed by the child, a TTY device for the hearing impaired, handrails, or visual devices; and a planned variety of recreational activities. The educational needs of the child shall be attended to while in placement as prescribed by the parent or other regular caregiver.

(c) Length of stay. A respite care placement shall not extend beyond 9 days per episode unless department approval is first obtained.

(8) Discharge. When a child is discharged from respite care, the residential care center shall document all of the following in the child’s respite care record:

(a) The dates of the child’s stay, a summary of the child’s stay with any significant incidents noted, and the name of the person to whom the child was discharged.

(b) A list of all personal belongings, medications, and medical equipment that went with the child upon discharge.

(9) Training and evaluation.

(a) Training.

Training for staff of a respite care services program shall include training in the areas of arranging for transitional care and transitional placement planning principles and methods.
Staff shall have respite care training designed around the specific needs of individuals for which care is provided, such as autism, epilepsy, cerebral palsy and intellectual disabilities. As part of this training, staff who have not already had some experience working with the type of individual to be cared for shall have at least 8 hours of supervised experience by someone who is knowledgeable in working with the type of individual or more than 8 hours if necessary to ensure the provision of competent care.

(b) Evaluation. After each respite care episode, a residential care center shall evaluate the care provided through a survey to be completed by the parent or other regular caregiver and, if possible, the child. The center shall use the survey information to improve, as necessary, its respite care services program and shall keep these surveys on file for one year from their completion.

(10) Client records. A center with a respite care services program shall meet the resident record requirements found under this section and under s. DCF 52.49, except requirements under s. DCF 52.49 (2) (b) 1. a. to g. and 3. A respite care resident’s record shall include all documentation required under this section.

History

Cr. Register, February, 2000, No. 530, eff. 9-1-00; corrections in (3), (5) (e), (6) and (10) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; CR 14-054: am. (2) (a) to (c), (4) (b), (5) (a), (b), (d) 1., 2., (e), (f), (i), (7) (a), (b), (8), (9) (b) Register April 2015 No. 712, eff. 5-1-15; correction in (7) (b) 2. made under s. 35.17, Stats., Register September 2017 No. 741; 2019 Wis. Act 1: am. (9) (a) 2. Register May 2019 No. 761, eff. 6-1-19; CR 20-003: am. (5) (a) Register July 2020 No. 775, eff. 8-1-20; CR 21-107: am. (5) (d) 2., (7) (b) 2. Register June 2022 No. 798, eff. 7-1-22.

Subchapter VIII Need Determination and License Application

Wis. Admin. Code § DCF 52.61 Determination of need for additional beds {#sec-dcf-52.61 omnilex-key=us-wi-regs-official--agency-dcf--DCF 52.61}

(1) Authority and purpose. This section is promulgated pursuant to s. 48.60 (3), Stats., to regulate the establishment of new residential care centers for children and youth and to control the expansion of existing residential care centers in order to ensure an adequate number and variety of facilities to meet the needs of Wisconsin children who require out-of-home residential care and to prevent unnecessary expansion of residential care centers and the resulting increase in costs to Wisconsin citizens.

(2) To whom the rules apply. This section applies to any new applicant for a license to operate a residential care center for children and youth and to existing residential care centers for children and youth wishing to expand the capacity of their facilities.

(3) Definition. In this section, “applicant” means any person wishing to apply for a license to begin operation of a new residential care center for children and youth or any person wishing to expand the capacity of an existing residential care facility for children and youth. “Applicant” does not include a person who by reason of consolidation or other acquisition acquires control or ownership of beds when the consolidation or other acquisition results in no increase in or a reduction of the existing state-wide residential care center bed capacity.

(4) Certification of need requirement. No person may apply for a license under s. DCF 52.62 (1) to operate a new residential care center for children and youth or for a license amendment under s. DCF 52.62 (3) to expand the bed capacity of an existing residential care center until the department has reviewed the need for the additional placement resources which would be created and has certified to the applicant in writing that a need exists for the proposed new placement resources.

(5) Demonstration of need. To enable the department to make a determination of need for a new residential care center for children and youth or for additional beds at an existing residential care center for children and youth, the applicant shall submit all of the following documents and information to the department:

(a) A detailed plan for the operation of the proposed residential care center which includes all of the following:

The number, sex, and age range of the children to be served.
The type or types of needs or disabilities of children to be served.
The center staffing, including a list of full-time and part-time positions by job titles and numbers.
A description of the proposed program and treatment goals.
A proposed budget, including the current or projected per diem rate.
The location of the center and a drawing of the layout of the physical plant.

(b) A detailed written description of the methodology and findings which document the reasons why the unserved children under par. (a) cannot be served satisfactorily in less restrictive settings such as is in their own homes with treatment services provided to the children and their families, in specialized treatment foster homes or in group homes.

(c) Documentation meeting the criteria in sub. (7) (a) 2. that existing Wisconsin residential care center placement resources 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. No beds occupied or to be occupied by children who are placed primarily for educational purposes may be considered in determining need under this section. Of the remaining beds, for purposes of determining need and establishing waiting lists, not more than 40% shall be considered available for out-of-state children.

(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.

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.

(6) Publication of notice — party status.

(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.

(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.

(7) Need determination.

(a) Evaluation procedures.

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.
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:

a. The compatibility of the applicant’s proposed plan of operation or expansion with the stated treatment goals for the program.

b. The validity of the research methodology used to document need for the proposed program.

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.

d. The correctness of the applicant’s contention that the proposed center is more appropriate than less restrictive care arrangements for children.

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.

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.

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:

a. The center submitted another application for expansion of bed capacity in the previous 2 years and that application was approved.

b. There is clear and convincing evidence that the criteria under subd. 2. have not been met.

(b) Notice of determination.

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.
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.
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.

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).
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.

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 (608) 264-9885. 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.

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.

Wis. Admin. Code § DCF 52.62 Licensing administration {#sec-dcf-52.62 omnilex-key=us-wi-regs-official--agency-dcf--DCF 52.62}

(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.

(2) Initial license application.

(a) A person wanting a license to operate a residential care center for children and youth shall apply on a form provided by the department and shall include all information requested on the form and all related materials and information required under par. (c), along with the license fee required under s. 48.615, Stats. A complete application includes completion of all information requested on the application form and all related materials and information required under par. (c) and the license fee.

Note: An application form may be obtained by writing or telephoning any field office listed in Appendix D. The completed form and required related materials and information and the license fee should be returned to the field office responsible for the county where the center is located.

(b) A complete application for a license shall be submitted to the department at least 60 days before the date proposed for the center to begin operating.

(c) An applicant for a license shall submit all of the following information and materials along with the completed application form:

A copy of the certificate of need under s. DCF 52.61 (7) (b).
A statement signed by the applicant agreeing to comply with this chapter.
A completed and signed background information disclosure on a form prescribed by the department.

Note: DCF-F-2978-E, Background Information Disclosure is available in the forms section of the department’s website at https://dcf.wisconsin.gov/ or by writing or telephoning any field office listed in Appendix D. The background information disclosure form does not need to be notarized.

Diagrammatic floor plans of all center buildings showing all of the following:

a. The location of all exits.

b. All rooms to be used by residents with their dimensions and use.

c. The number of residents and the age range of residents proposed for each living area.

d. Rooms that are exclusively for male or female residents.

e. For bathrooms, the number of toilets, tubs or showers and washbasins.

A diagram of the outdoor area of the center showing dimensions and all buildings, and a map of the surrounding area showing the location of the center.
The names, addresses and telephone numbers of 3 persons, other than relatives, who personally know the applicant.
A completed department-provided checklist indicating that the applicant complies with all requirements for initial licensure.
A description of other licenses or certifications currently held or expected to be obtained by the applicant, or business enterprises that will be a part of the operation of the residential care center or operating on the grounds of the residential care center.
For an applicant operating any other type of licensed children’s program or other human services program on the grounds of the center, a statement that describes how each program will remain separate and distinct.
A description of the organizational structure of the center, showing the chain of command and identifying staff members, with their titles and work schedules, who will be on the premises in charge of the center for all hours of operation. This document shall be signed by the applicant.
A copy of the report of an inspection by a local fire department or other fire safety inspection acceptable to the department showing approval of the facility for fire safety.
A copy of the approval of the center’s electrical system by an inspector certified under ch. SPS 316.
If the center gets its water from a private well, a letter indicating that the water is safe to drink according to tests made on water from the private well, as required under s. DCF 52.56 (1).
A copy of the Wisconsin department of safety and professional services building safety inspection approval or, if new construction, the Wisconsin department of safety and professional services building construction approval.
A statement signed by the applicant specifying the geographical area to be served by the center, such as counties or states covered.
A financial statement with evidence of availability of funds to carry the center through the first year of operation.
A proposed per client rate that each residential care center program 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 52.66 (1) (a).

(d) Within 30 working days after receiving a complete application, the department’s licensing representative shall inspect the center to determine the applicant’s ability to comply with this chapter.

(e) If the department, following its review of a license application and the results of the inspection under par. (d), finds that the applicant meets the requirements for a license established under this chapter and has paid the applicable fee referred to in s. 48.68 (1), Stats., the department shall issue a probationary license for 6 months in accordance with s. 48.69, Stats. The probationary license shall be issued after completion of the inspection under par. (d) and may be renewed for one 6-month period. If the center remains in satisfactory compliance with this chapter during the probationary license period, the department shall issue a regular license. The center shall post the license in a conspicuous place in the center where the public can see it.

(f) If the department, following its review of a license application and the results of the inspection under par. (d), finds that the applicant is not in compliance with this chapter, the department shall specify in writing to the applicant each area of noncompliance. The department’s written response shall be sent to the applicant after the date of the inspection under par. (d). The applicant shall have an opportunity to come into compliance. When the applicant believes that all areas of noncompliance have been corrected, the applicant may request a re-inspection by the department’s licensing representative. The department’s licensing representative shall complete a new inspection of the center within 20 working days after being notified by the applicant that the center is ready to be re-inspected.

(3) License continuation.

(a) Non-expiring license. A regular license shall be valid indefinitely, unless suspended or revoked by the department.

(b) License continuation application.

At least 60 days before the beginning date of every 2 year period of licensure, the department shall send a license continuation application to the licensee along with a notice of the license continuation fee required under s. 48.615, Stats.
At least 30 days before the continuation date of the license, the licensee shall submit to the department an application for continuance of the license in the form and containing the information that the department requires along with the license application fee required under s. 48.615, Stats., and any other fee owed under s. 48.685 (8), Stats., and any forfeiture under s. 48.715 (3) (a), Stats., or penalty under s. 48.76, Stats.

(c) License continuation approval. If the department establishes that the minimum requirements for a license under s. 48.67, Stats., are met, the application is approved, the applicable fees referred to in ss. 48.68 (1) and 48.685 (8), Stats., and any forfeiture under s. 48.715 (3) (a), Stats., or penalty under s. 48.76, Stats., are paid, the department shall continue the license for an additional 2-year period.

(4) Amendment to license.

(a) Before a licensee may make any change affecting a provision of its license, the licensee shall submit a written request to the department for approval of that change and shall receive approval from the department in the form of an amended license.

(b) Any of the following changes require amendment of the license:

A change in any of the licensee’s powers and duties under s. 48.61, Stats., that are covered by the license.
A change in the maximum number of residents or in the sex or age range of residents which the center will serve.
A change in the type of resident population served such as emotionally disturbed, sexual offender, developmentally disabled, alcohol or drug dependent or delinquent.
A change in the name of the center.
The licensee’s name changes.
Any other change as allowed under Wisconsin statutes.

(c) A licensee seeking to expand operations to increase the number of residents served under the existing license shall have been operating in substantial compliance with this chapter.

(d) A request to amend a license to serve a resident population that is 18 years of age and over, but under 21 years of age, and is transitioning to independence shall be on a form prescribed by the department.

Note: Form DCF-F-5081-E, Amendment Request to Extend Care to Residents 18 Years of Age or Over, But Under 21 Years of Age, is available in the forms section of the department’s website, http://dcf.wisconsin.gov, or from a department field office. See Appendix D for the address of the field office for your area.

(5) License denial or revocation.

(a) The department may refuse to grant a license or may revoke a license if the applicant or licensee has violated has violated any provision of this chapter or ch. 48 or 938, Stats., or fails to meet the minimum requirements of this chapter.

(b) The department may refuse to grant a license or may revoke a license if an applicant or licensee or a proposed or current employee, student intern or volunteer is any of the following:

A person who is the subject of a pending criminal charge for an action that directly relates to the care of children or activities of the center.
A person who has been convicted of a felony or misdemeanor or other offense which is substantially related to the care of children or activities of the center.
A person who has been determined to have abused or neglected a child pursuant to s. 48.981, Stats., or who has been determined to have committed an offense which is substantially related to the care of children or activities of the center.
A person against whom a finding of abuse, neglect, or misappropriation of property pursuant to ch. DHS 13 has been entered on the Wisconsin caregiver registry maintained by the department of health services.
A person who has had a department-issued license revoked within the last 5 years.
A person who has a recent history of psychological or emotional disorder which suggests an inability to adequately handle the administrative affairs of the center or, for anyone having contact with the residents, presents a risk that the residents may be harmed or their well-being neglected. The department may require the person to submit to a psychological examination.
A person who is the subject of a court finding that the person has abandoned his or her child, has inflicted sexual or physical abuse on a child, or has neglected or refused, for reasons other than poverty, to provide necessary care, food, clothing, medical or dental care, or shelter for his or her child or ward or a child in his or her care so as to seriously endanger the physical health of the child.
A person who has violated any provision of this chapter or ch. 48, Stats., or fails to meet the minimum requirements of this chapter.
A person who has made false statements on the background information disclosure form completed under the requirements of ch. DCF 12.

Note: Examples of charges and offenses the department will consider in making a determination under this paragraph that an act is substantially related to the care of children are: sexual assault; abuse of a resident of a facility; a crime against life and bodily security; kidnapping; abduction; arson of a building or of property other than a building; robbery; receiving stolen property from a child; a crime against sexual morality, such as enticing a minor for immoral purposes or exposing a minor to harmful materials; and interfering with the custody of a child. The list is illustrative. Other types of offenses may be considered.

(6) Notice to deny or revoke a license.

(a) If the department decides under sub. (5) to not grant a license or to revoke a license, the department shall notify the applicant or licensee in writing of its decision and the reasons for it. Revocation of a license shall take effect either immediately upon notification or 30 days after the date of the notice unless the decision is appealed under sub. (8); whether the revocation shall take effect immediately upon notification or 30 days after the date of the notice shall be determined in accordance with the criteria found in s. 48.715 (4m) (a) and (b), Stats.

(b) Upon receipt of the notice of revocation and during any revocation proceedings that may result, the licensee may not accept for care any child not enrolled as of the date of receipt of the notice without written approval of the department’s licensing representative.

(c) By the effective date of a license revocation, the licensee shall have arranged alternative placements for all residents. The arrangements shall be made in cooperation with each resident’s parent or guardian and legal custodian or placing agency, if not the same. The licensee shall share this information with the licensing representative at least one week before the effective date of the license revocation.

(7) Summary suspension of a license.

(a) Under the authority of s. 227.51 (3), Stats., the department shall summarily suspend a license and thereby close a residential care center when the department finds that this action is required to protect the health, safety, or welfare of children in care. A finding that summary suspension of a license is required to protect the health, safety or welfare of children in care may be based on, but is not limited to, any of the following:

Failure of the licensee to maintain or restore environmental protection for the residents, such as heat, water, electricity or telephone service.
The licensee, an employee, a volunteer, or any other person in regular contact with the children in care has been convicted of or has a pending charge for a crime against life or for a crime of bodily injury.
The licensee, an employee, a volunteer, or any other person in regular contact with the children in care has been convicted of a felony, misdemeanor, or other offense which is substantially related to the care of children or activities of the center or has a pending charge which is substantially related to the care of children or activities of the center.
The licensee, an employee, a volunteer, or any other person in regular contact with the children in care is the subject of a current investigation for alleged child abuse or neglect pursuant to s. 48.981, Stats., or has been determined to have abused or neglected a child pursuant to s. 48.981, Stats.
The licensee or a person under the supervision of the licensee has committed an action or has created a condition relating to the operation or maintenance of the center that directly threatens the health, safety, or welfare of any child under the care of the licensee.

(b) If the department’s licensing representative determines that the safety of the residents requires their immediate relocation, the department shall order the licensee, orally and in writing, to find suitable temporary housing for the residents until arranging for their permanent relocation. The department shall further order the licensee, orally and in writing, to notify, for each resident, the placing person or agency and parent or guardian within 24 hours after temporary housing arrangements for the resident have been made.

(c) An order summarily suspending a license and thereby closing a center may be a verbal order by a licensing representative of the department. Within 72 hours after the order takes effect, the department shall either permit the reopening of the center or proceed under sub. (5) to revoke the center’s license. A preliminary hearing shall be conducted by the department of administration’s division of hearings and appeals within 10 working days after the date of the initial order to close the center on the issue of whether the license shall remain suspended during revocation proceedings.

(8) Appeal of decision to deny or revoke a license.

(a) Any person aggrieved by the department’s decision to deny a license or to revoke a license may request a hearing on the decision under s. 227.42, Stats.

(b) The request for a hearing shall be in writing and shall be filed with the department of administration’s division of hearings and appeals within 10 days after the date on the notice of the department’s refusal or failure to issue, renew, or continue a license or the department’s action taken under s. 48.715, Stats.

History

Cr. Register, February, 2000, No. 530, eff. 9-1-00; corrections in (2) (c) 1., 3., 13., (5) (b) 4. and 9. made under s. 13.92 (4) (b) 6. and 7., Stats., Register November 2008 No. 635; EmR1106: emerg. cr. (2) (c) 17., eff. 9-16-11; CR 11-026: cr. (2) (c) 17., correction in (2) (c) 12., 14. made under s. 13.92 (4) (b) 6., 7., Stats., Register December 2011 No. 672, eff. 1-1-12; EmR1414: am. (4) (b) 4., r. and recr. (4) (b) 5., cr. (4) (d), eff. 8-1-14; CR 14-054: am. (1), (4) (b) 4., r. and recr. (4) (b) 5., cr. (4) (d) Register April 2015 No. 712, eff. 5-1-15; EmR1633: emerg. am. (8) (b), eff. 11-18-16; CR 16-051: am. (8) (b) Register July 2017 No. 739, eff. 8-1-17; correction in (2) (c) 3. made under s. 13.92 (4) (b) 6., Stats., Register March 2018 No. 747; correction in (2) (c) 3., (5) (b) 9. made under s. 13.92 (4) (b) 7., Stats., Register March 2018 No. 747; CR 21-107: am. (2) (c) 3. Register June 2022 No. 798, eff. 7-1-22.

Wis. Admin. Code § DCF 52.63 Inspections and complaint investigations {#sec-dcf-52.63 omnilex-key=us-wi-regs-official--agency-dcf--DCF 52.63}

(1) Inspection. Pursuant to s. 48.73, Stats., the department may visit and inspect any residential care center for children and youth at any time. A department licensing representative shall have unrestricted access to the premises identified in the license, including access to resident records and any other materials, and access to residents and other individuals having information on compliance by the center with this chapter.

(2) Complaint investigation. Under s. 48.745, Stats., any person having a complaint about a licensed center or a center operating without a license may submit that complaint to the department by telephone, letter or personal interview. A licensing representative of the department shall investigate each complaint. The department shall send a written report of the findings of that investigation to the complainant.

Note: A complaint should be sent, phoned in or delivered to the appropriate Department of Children and Families field office listed in Appendix D.

(3) Enforcement action. The department may order any sanction or impose any penalty on a licensee in accordance with s. 48.685, 48.715 or 48.76, Stats.

History

Cr. Register, February, 2000, No. 530, eff. 9-1-00.

Subchapter IX Rate Regulation

Wis. Admin. Code § DCF 52.64 Rate determination {#sec-dcf-52.64 omnilex-key=us-wi-regs-official--agency-dcf--DCF 52.64}

(1) The department shall determine the maximum per client rate that each residential care center program may charge for costs associated with room, board, administration, service provision, and oversight of residents in the residential care center program based on the following:

(a) A maximum per client rate determined by the department that no residential care center may exceed.

(b) A per client rate that the department determines is appropriate for each residential care center program based on the reasonable and necessary costs of the services provided by that residential care center.

(2) A residential care center shall charge all Wisconsin public purchasers the same rate for the same services.

Note: A residential care center may have multiple programs within the center and may charge a different rate for each program.

History

EmR1106: emerg. cr., eff. 9-16-11; CR 11-026: cr. Register December 2011 No. 672, eff. 1-1-12; CR 14-054: am. (1) (intro.) Register April 2015 No. 712, eff. 5-1-15.

Wis. Admin. Code § DCF 52.65 Allowable costs {#sec-dcf-52.65 omnilex-key=us-wi-regs-official--agency-dcf--DCF 52.65}

In determining rates under this subchapter, the department may consider costs incurred for any purpose that is allowable under all of the following:

(1) Applicable federal regulations, including 2 CFR Part 200, 45 CFR Part 75, and 48 CFR Part 31, except as provided in sub. (2).

(2) Reserves or profit as allowed under the following:

(a) For nonprofit corporations, reserves allowed under s. 49.34 (5m) (b) 1., Stats.

(b) For proprietary residential care centers, profit allowed on an annual basis is the smaller amount determined under the following 2 methods of calculating profit:

The equity method is the sum of 7.5 percent of allowable operating costs plus 15 percent of average net equity for the year. In this subdivision, “average net equity” means the average cost of equipment, buildings, land, and fixed equipment minus the average accumulated depreciation and average long term liabilities for the year.
The expenses method is 10 percent of allowable operating costs for the year.

Note: Further explanation is available in the department’s Allowable Cost Policy Manual, which is available in the Partner Resources/Grants and Contract Administration section of the department’s website at http://dcf.wisconsin.gov.

History

EmR1106: emerg. cr., eff. 9-16-11; CR 11-026: cr. Register December 2011 No. 672, eff. 1-1-12; CR 20-003: am. (1), (2) (a) Register July 2020 No. 775, eff. 8-1-20.

Wis. Admin. Code § DCF 52.66 Rate methodology {#sec-dcf-52.66 omnilex-key=us-wi-regs-official--agency-dcf--DCF 52.66}

(1) Cost and service information. Each year no later than July 1, a licensee shall submit the following information to the department:

(a) A cost and service report in which the licensee reports the residential care center’s costs, types of services provided, and number of children served in the previous year. The report shall be submitted on a department-prescribed form.

Note: The cost and service report form is available at https://dcf.wisconsin.gov/ratereg.

(b) The residential care center’s most recent audit report under s. DCF 52.11 (6) (a).

(2) Maximum allowable rate. Each year no later than September 1, the department shall notify licensees of the per client rate that no residential care center may exceed for services provided in the following calendar year.

(3) Proposed rates.

(a) Each year no later than October 1, a licensee shall submit to the department a proposed rate for the following calendar year for each residential care center program that the licensee operates. The licensee shall submit the proposed rate on a department-prescribed form.

(b) A licensee may request an exception to the department’s maximum rate under sub. (2) if the licensee provides a specialized service or specialized programming to a specific population of children. The exception request shall explain the benefits of the service or programming and why the licensee cannot provide the service or programming within the maximum rate. The exception request shall be made on the rate request form.

Note: The rate request form is available at https://dcf.wisconsin.gov/ratereg.

(4) Review of a proposed rate. In reviewing a proposed rate submitted by a licensee under sub. (3), the department shall consider all of the following:

(a) Whether the proposed rate exceeds the maximum rate determined by the department under sub. (2).

(b) The residential care center’s most recent cost and service report under sub. (1) (a).

(d) Whether the residential care center’s reported costs are within a range of similar costs reported by other residential care centers for similar items and services.

(e) The residential care center’s per client rate in previous years.

(f) Changes in the consumer price index for all urban consumers, U.S. city average, as determined by the U.S. department of labor, for the 12 months ending on June 30 of the year in which the proposed rate is submitted.

(g) Changes in the consumer price index for all urban consumers, U.S. city average, for the medical care group, as determined by the U.S. department of labor, for the 12 months ending on June 30 of the year in which the proposed rate is submitted.

(h) Changes in the allowable costs of residential care centers based on current actual cost data or documented projections of costs.

(i) Changes in program utilization that affect the per client rate.

(j) Changes in the department’s expectations relating to service delivery.

(k) Changes in service delivery proposed by a residential care center and agreed to by the department.

(L) The loss of any source of revenue that had been used to pay expenses, resulting in a lower per client rate for services.

(m) Whether the residential care center is accredited by a national accrediting body that has developed child welfare standards.

(n) Changes in any state or federal laws, rules, or regulations that result in any change in the cost of providing services, including any changes in the minimum wage, as defined in s. 49.141 (1) (g), Stats.

(o) Competitive factors.

(p) The availability of funding to pay for the services to be provided under the proposed rate.

(5) Rate approval.

(a) Each year no later than November 1, the department shall notify each licensee that submitted all information as required under subs. (1) and (3) of the maximum approved per client rate for the residential care center’s program for the following year.

Note: The notification will be sent to the electronic mail address that the licensee has provided to the department.

(b) If the department determines that a proposed rate submitted under sub. (3) is appropriate based on the factors in sub. (4), the department shall approve the proposed rate.

(c) If the department determines that a proposed rate submitted under sub. (3) is not appropriate based on the factors in sub. (4), the department shall negotiate with a licensee to determine an agreed to rate. The department’s approved rate under par. (a) following negotiations shall be based on the factors in sub. (4) and additional relevant information presented during negotiations.

(d) The department may grant a licensee’s request for an exception to the department’s maximum rate under sub. (3) (b) if the department determines that the licensee has shown by clear and convincing evidence that the licensee’s costs are reasonable and necessary given the costs and benefits of the licensee’s specialized service or specialized programming.

(6) Noncompliance. If a licensee does not submit all information as required under subs. (1) and (3), the department may impose sanctions and penalties under s. DCF 52.62 (5) and s. 48.715, Stats., including license revocation.

History

EmR1106: emerg. cr., eff. 9-16-11; CR 11-026: cr. Register December 2011 No. 672, eff. 1-1-12.

Wis. Admin. Code § DCF 52.67 Rate resolution {#sec-dcf-52.67 omnilex-key=us-wi-regs-official--agency-dcf--DCF 52.67}

(1) Mediation.

(a) If a licensee has negotiated with the department under s. DCF 52.66 (5) (c) and does not agree to the department’s approved rate under s. DCF 52.66 (5) (a), the licensee may request that the department and the licensee engage in mediation. A licensee shall send a request for mediation within 5 business days after the date of the notice in s. DCF 52.66 (5) (a). The request shall be sent by electronic mail to an address specified by the department.

Note: Requests for mediation should be sent to DCFCWLRateReg@wisconsin.gov.

(b) The department shall notify the licensee of the date of the mediation no later than 10 working days after receiving the request under par. (a).

(2) Order a rate. If after mediation a rate is not agreed to, the department shall order a rate after considering the factors in s. DCF 52.66 (4) and relevant information presented during negotiation and mediation.

(3) Contested rate.

(a) A licensee may appeal the rate ordered by the department under sub. (2) as a contested case under ch. 227, Stats. A request for hearing may be submitted to the division of hearing and appeals within 30 days after the date of the order.

Note: Requests for hearing may be sent to the Division of Hearings and Appeals, PO Box 7875, Madison, WI 53707.

(b) The basis for a request for hearing shall be limited to the factors in s. DCF 52.66 (4).

(c) The division of hearings and appeals shall notify the parties in writing at least 10 days before the hearing of the date, time, and location of the hearing and the procedures to be followed.

History

EmR1106: emerg. cr., eff. 9-16-11; CR 11-026: cr. Register December 2011 No. 672, eff. 1-1-12.

Wis. Admin. Code § DCF 52.68 Extraordinary payments {#sec-dcf-52.68 omnilex-key=us-wi-regs-official--agency-dcf--DCF 52.68}

(1) A licensee may request that a Wisconsin public purchaser pay an extraordinary payment in addition to the rate established under ss. DCF 52.64 to 52.67 for a specific child in care.

(2) A licensee may request and a Wisconsin public purchaser may approve a child-specific extraordinary payment if all of the following conditions are met:

(a) The child has service needs that are not accounted for in the maximum per client rate for the residential care center program as determined under s. DCF 52.66 (5) or 52.67, as applicable.

(b) The child’s service needs are not paid for by another source.

(3) A licensee shall submit a request for an extraordinary payment to the Wisconsin public purchaser on a form prescribed by the department. The request shall be dated and signed and include all of the following:

(a) Name of the residential care center program, licensee, and any authorized representative.

(b) Name of the child for whom an extraordinary payment is being requested.

(d) A rationale for the request that includes all of the following:

An explanation of the child’s service needs.
The amount of money that the residential care center program is currently spending to address the child’s needs.
Any services that are not being provided due to economic constraints.
Documentation of the need for additional services by a person with expertise in the child’s type of needs.
How additional dollars would be allocated and the means by which additional services would be provided.

Note: A extraordinary payment request form is available at https://dcf.wisconsin.gov/ratereg.

(4) The Wisconsin public purchaser shall approve or deny the request or recommend an alternative to meet the child’s needs and shall notify the licensee of the determination within 10 working days after receipt of the request form. The Wisconsin public purchaser shall send a copy of the licensee’s request, the signed and dated determination, and the justification for the determination to the department within 20 days of the approval or non-approval of the request.

Note: Required information should be sent to Department of Children and Families, Division of Safety and Permanence, Extraordinary Payments Panel, 201 W. Washington Avenue, P.O. Box 8916, Madison WI 53708-8916.

(5) A licensee may not appeal the denial of a request for an extraordinary payment under this section.

History

EmR1106: emerg. cr., eff. 9-16-11; CR 11-026: cr. Register December 2011 No. 672, eff. 1-1-12.

Wis. Admin. Code § DCF 52.69 Advisory committee {#sec-dcf-52.69 omnilex-key=us-wi-regs-official--agency-dcf--DCF 52.69}

The department shall convene the rate regulation advisory committee under s. 49.343 (5), Stats., at regular intervals to consult with the department on items in s. 49.343 (5) (a) to (c), Stats.

History

EmR1106: emerg. cr., eff. 9-16-11; CR 11-026: cr. Register December 2011 No. 672, eff. 1-1-12.

Chapter DCF 52 Appendix C PER MEAL MINIMUM REQUIREMENTS OF NATIONAL SCHOOL LUNCH PROGRAM

Wis. Admin. Code § Chapter DCF 52 PER MEAL MINIMUM REQUIREMENTS OF NATIONAL SCHOOL LUNCH PROGRAM {#sec-chapter-dcf-52 omnilex-key=us-wi-regs-official--agency-dcf--Chapter DCF 52}

PLANNING BREAKFASTS

BACKGROUND

School breakfasts provide a good start toward meeting a child’s daily nutritional needs of food energy, protein, vitamins, and minerals. The breakfast meal pattern is a simple, easy-to-follow guide in three components.

Breakfast Meal Requirements

Components Minimum Required Quantities

Fruit or Vegetable

Fruit or Vegetable or Fruit Juice or Vegetable Juice 1/2 cup

Bread or Bread Alternate

One of the following combination to give an equivalent quantity 1 serving

ð A serving (1 slice) of whole grain or enriched bread

ð A serving of biscuits, rolls, muffins, etc., whole-grain or enriched

ð A serving (3/4 cup or 1 ounce, whichever is less) of whole-grain or enriched or fortified cereal

Fluid Milk

As a beverage or on cereal or both 1/2 pint

Recommendations

To help meet children’s nutritional needs, breakfast should also contain as often as possible:

Meat or meat alternate - a 1 ounce serving (edible portion as served) of meat, poultry, or fish; or 1 ounce of cheese; or 1 egg; or 2 tablespoons of peanut butter; or an equivalent amount of any combination of these foods.

Also, plan to include:

ð Vitamin C foods frequently.

ð Foods for iron each day.

PLANNING GUIDELINES

Planning appetizing breakfast menus that students will enjoy requires originality and imagination. Try to plan breakfasts that consider students’ regional, cultural, and personal food preferences. Be sure to include well-liked and familiar foods. Offer “new” and less popular ones as choices at first until they have higher acceptability. Plan for contrast in texture, flavor, size, and shape of foods applying the principles of good menu planning. For example:

Fruits and Vegetables

Fresh, canned, frozen, and dried fruits can be used interchangeably. Try combining fruits with cereal for variety.

Bread and Bread Alternates

Bread offers many different menu ideas. Use a variety of hot breads, such as cornbread, and different kinds of muffins and biscuits. Or try breakfast rolls made with bulgur, rolled wheat or oats. Sandwiches (open-faced or closed), pancakes, waffles and french toast are often well accepted.

Cereals can give you a light or hearty breakfast and require little labor. You can serve cereals hot or use prepackaged preportioned dry cereals, including wheat, corn, rice and oats.

Meat and Meat Alternates

Use a variety of meat or meat alternates - eggs, sausage, canned meat, ground beef, ham, cheese, peanut butter, fish or poultry. Alternate egg dishes with other main dishes. Serve the egg alone or in combination with different meats or cheese. Look for variety in preparing eggs - scrambled, hard-cooked, soft-cooked, poached or in omelets or french toast.

Keep in mind the age groups you are serving. The way food is served to young children will affect whether or not it is eaten. For instance, it may be necessary to serve hard-cooked eggs peeled and cut in halves, whereas with older residents hard-cooked eggs can be served in the shell. With younger residents, serve finger sandwiches, apple wedges, sectioned oranges and grapefruits, and meat cut into bite-sized pieces. Serve small portions or additional foods. Untraditional foods at breakfast may make breakfast more appealing. Since appetites may vary greatly among residents, you may wish to consider two different breakfast menus - a “Hearty Breakfast” and a lighter “Eye Opener”. For example:

See PDF for table

BREAKFAST SAMPLE MENUS

See PDF for table

SCHOOL LUNCH PATTERNS FOR VARIOUS AGE/GRADE GROUPS

See PDF for table

Chapter DCF 53 ADOPTION INFORMATION SEARCH AND DISCLOSURE

Wis. Admin. Code § DCF 53.01 Introduction {#sec-dcf-53.01 omnilex-key=us-wi-regs-official--agency-dcf--DCF 53.01}

(1) This chapter is promulgated under the authority of ss. 48.432 (9) and 48.433 (11), Stats., to establish procedures for the way in which searches for information about adopted persons and birth parents are carried out, access is permitted to medical and genetic information and to information about birth parent identity and location, and information is recorded and reported to the department by adoption agencies and courts when parental rights are terminated. This chapter also establishes procedures to ensure sensitive treatment of adopted persons, birth parents, adoptive parents, agencies and all others who may be affected by the search for and disclosure of medical and genetic information about adopted persons and birth parents and about birth parent identity and location.

(2) Definitions. As used in this chapter:

(a) “Adopted person” means a person whose birth parents have had their parental rights terminated in this state at any time or who has been adopted in this state with the consent of his or her birth parent or parents before February 1, 1982.

(b) “Adoption record information” means all records that the department or agency has accumulated pertaining to the termination of parental rights, the development of an adoption case plan and the supervision and monitoring of an adoption placement, including the adoptive home study, birth parent and family records, foster home placement records, planning card files and adoptive placement materials.

(c) “Adoption search” means the functions and activities of department or agency staff carried out to locate specific birth parents, birth parent relatives or other persons or agencies who could assist in locating birth parents, for the purpose of obtaining medical and genetic information or birth parent identity and location information.

(d) “Adoption search program” means the department program responsible for either conducting searches or delegating responsibility to agencies to conduct searches for medical and genetic information and birth parent identity and location on behalf of persons specified under ss. 48.432 (3) (a) and 48.433 (3) (b), Stats.

(e) “Affidavit” means a sworn written statement from a birth parent giving the department authorization to release that birth parent’s identity and location to the requesting adopted person who is at least 21 years of age.

(f) “Agency” means a county agency providing child welfare services under s. 48.56 (1), Stats., or a child-placing agency licensed under s. 48.60, Stats.

(g) “Birth parent” means either the mother designated on the adopted person’s original birth certificate or the adjudicated father or, if there is no adjudicated father, the husband of the mother at the time of the adopted person’s conception, birth or subsequent legitimation, whose rights to the adopted person have been terminated in this state or who consented to the adoption of his or her child before February 1, 1982.

(h) “Birth relatives” means the adopted person’s birth parents, grandparents, aunts, uncles, brothers and sisters.

(i) “Centralized birth record file” means the file established by the department containing affidavits, medical and genetic information, birth parent identity and location and other information received by the department which pertains to the birth family and the adopted person.

(j) “Department” means the Wisconsin department of children and families.

(k) “Fee for service” means the charge made by the department or agency to the requester for the cost of an adoption search for birth parents in order to obtain medical and genetic information and birth parent identity and location, as required under ss. 48.432 (4) (d) and 48.433 (6) (d), Stats.

(L) “Identifying information” means any information which discloses the name, location or identity of a birth parent.

(m) “Medical and genetic information” means any available medical, genetic, psychiatric or psychological history of the adopted person’s birth parents and the adopted person’s other birth relatives and is not limited to information contained in the medical record as defined in s. 48.425 (1) (am), Stats.

(n) “Medical emergency” means a situation in which a licensed physician has determined that the life or health of the adopted person is in imminent danger or that treatment without the medical and genetic information could be injurious to the adopted person’s health.

(o) “Nonidentifying social history information” has the meaning prescribed in s. 48.02 (12m), Stats.

(p) “Program information” means information about the adoption search program which the department provides to requesters, agencies, courts and the general public, except that it does not include adoption record information.

(q) “Requester” means a person specified in s. 48.432 (3) (a), Stats., who is seeking medical and genetic information, or a person specified in s. 48.433 (3), Stats., who wants his or her original birth certificate or is seeking information about birth parent identity and location.

(r) “Sibling” means a brother or sister having at least one birth parent in common with the adopted person.

History

Cr. Register, October, 1984, No. 346, eff. 11-1-84; am. (1), (2) (a), (e), (g), (h), (i), (m), (n) and (r), Register, January, 1993, No. 445, eff. 2-1-93; correction in (2) (j) made under s. 13.92 (4) (b) 6., Stats., Register November 2008 No. 635.

Wis. Admin. Code § DCF 53.02 Provision of adoption search program information {#sec-dcf-53.02 omnilex-key=us-wi-regs-official--agency-dcf--DCF 53.02}

The department shall provide information about the adoption search program to courts, agencies, requesters and the general public as required under this section.

(1) Provision of program information to requesters.

(a) Program information shall be sent to requesters within 14 days after receiving written or oral inquiry for this material; and

(b) Information regarding additional provisions under the Indian Child Welfare Act shall be provided to all applicable requesters.

(2) Provision of program information to agencies and courts.

(a) The department shall provide agencies and courts with a recommended standard format and procedures for use in obtaining information from birth parents prior to the termination of parental rights and for reporting this information to the department.

(b) The department shall provide agencies and courts with a model medical record form and periodically revise the form as increased medical and genetic knowledge dictates.

(c) The department shall provide information to the courts and agencies regarding their responsibilities under Wisconsin statutes concerning medical and genetic information about adopted persons, information about birth parent identity and location and non-identifying social history information.

(d) The department shall provide or arrange for assistance and consultation to agencies and courts regarding the centralized birth record file and the adoption search program.

Note: Requests for forms, procedures and consultation should be sent to: Adoption Records Search Program, Division of Safety and Permanence, P.O. Box 8916, Madison, WI 53708-8916.

History

Cr. Register, October, 1984, No. 346, eff. 11-1-84; am. (2) (c), Register, January, 1993, No. 445, eff. 2-1-93.

Wis. Admin. Code § DCF 53.03 Centralized birth record file {#sec-dcf-53.03 omnilex-key=us-wi-regs-official--agency-dcf--DCF 53.03}

(1) General. The department’s adoption search program shall establish, organize, and maintain a centralized birth record file and shall control disclosure of information from the file in accordance with s. DCF 53.06.

(2) Organization of the centralized file. The centralized file shall be organized to consist of individual files containing:

(a) Information received in the course of administering ss. 48.432 and 48.433, Stats.;

(b) Medical and genetic information and birth parent identity and location information received from the courts for each adopted person whose birth parent’s or parents’ rights were terminated on or after May 7, 1982;

(c) Relevant updated medical or genetic information about the adopted person and the adopted person’s birth relatives received from any birth parent or agency;

(d) Reports from physicians which state that an adopted person, birth parent or sibling has or may have a genetically transferable disease;

(e) Affidavits or revocations of affidavits received from any birth parent; and

(f) Any other relevant information received about the adopted person or birth relatives.

(3) Information from courts. When a petition for termination of parental rights is granted, the court shall provide the adoptive parents with a copy of the adopted person’s medical record and other information as required under s. 48.93 (1g), Stats., and shall ensure that the following information is submitted to the department for inclusion in the centralized file:

(a) Information listed in the department’s model court report form;

(b) Medical and genetic history of the birth parents and any medical and genetic information furnished by the birth parents about the adopted person’s other birth relatives obtained under s. 48.422 (9) or 48.425 (1) (am) or (2), Stats.; and

(c) Any current reports on birth parent medical examinations, information on the adopted person’s prenatal care and medical condition of the adopted person at birth.

History

Cr. Register, October, 1984, No. 346, eff. 11-1-84; am. (2) (b) to (d), (f), (3) (intro.), (b) and (c), Register, January, 1993, No. 445, eff. 2-1-93; correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635.

Wis. Admin. Code § DCF 53.04 Department and agency responsibilities {#sec-dcf-53.04 omnilex-key=us-wi-regs-official--agency-dcf--DCF 53.04}

An effective and responsible adoption search program depends on a cooperative working relationship between the department and agencies and a clear delineation of their respective responsibilities as specific under this section.

(1) Department responsibilities.

(a) The department shall diligently conduct adoption searches in accordance with ss. 48.432 (4) (b) and 48.433 (6) (a), Stats., when specifically requested to conduct a search or when a request is received but no existing agency provided services for the adoption or the agency that provided adoption services does not have a current interagency agreement with the department under par. (b).

(b) The department may delegate authority granted under ss. 48.432 and 48.433, Stats., to an agency to conduct adoption searches but only through a written interagency agreement signed by authorized representatives of the department and the agency. The department shall monitor adoption searches conducted by the agency.

(c) The department shall, upon request, provide adoption search assistance to the agency conducting a search under the interagency agreement in accordance with specific provisions of the interagency agreement.

(2) Agency responsibilities.

(a) Agencies shall direct all requests for adoption searches that they receive to the department for processing, except as provided by court order. At no time may an agency act on its own in providing requesters with adoption information except under the terms and conditions of an interagency agreement, as allowed by s. 48.432 (7), Stats., in response to a court order or if the information is already on file and disclosure is allowed by s. 48.93 (1r), Stats.

(b) All agencies shall make adoption record information available to department staff conducting searches and cooperate in searches upon request of the department as specified in s. 48.432 (4) (b), Stats., s. DCF 54.05 (1) and this chapter.

(c) When a petition for termination of parental rights is filed with a court, the agency required under s. 48.425 (1), Stats., or directed by the court under s. 48.425 (3), Stats., to file a report with the court shall prepare a medical record on the child for the court on a form provided by the department within 60 days of the petition for termination of parental rights.

(d) Agencies operating under an interagency agreement shall diligently conduct adoption searches, except when the requester specifies that he or she prefers that the department conduct the search.

(e) When any agency is asked to disclose information from a record of final adoption, the agency may disclose the information only as allowed under ss. 48.432, 48.433 and 48.93 (1r), Stats., and s. DCF 53.06.

History

Cr. Register, October, 1984, No. 346, eff. 11-1-84; correction in (2) (b) made under s. 13.93 (2m) (b) 7., Stats., Register, June, 2001, No. 546; corrections in (2) (b) and (e) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635.

Wis. Admin. Code § DCF 53.05 Adoption searches {#sec-dcf-53.05 omnilex-key=us-wi-regs-official--agency-dcf--DCF 53.05}

(1) Requesting a search.

(a) To initiate a search, a requester shall submit a completed application form to the department.

(b) The requester may specify that the search be restricted to only that adoption record information available within the agency’s internal files.

(c) Before acting on a request for birth parent identity and location, the department or agency shall require adequate identification to ensure that the requester is indeed the adoptee and is 21 years of age or over.

(d) A request for medical or genetic information shall be given priority attention by the department or agency and search activities immediately initiated if the request is accompanied by a written statement from a physician certifying that there is a medical emergency for which the information is required.

(e) Requesters’ applications shall be acted upon in the order that the applications are received, except that requests under par. (d) shall have priority over other requests.

Note: Application forms may be obtained from and are to be submitted to: Adoption Records Search Program, Division of Safety and Permanence, P.O. Box 8916, Madison, Wisconsin 53708-8916.

(2) Adoption search procedures.

(a)

The department or agency shall diligently conduct adoption searches for birth parents. A search is not considered complete until a birth parent has been located and contacted or all reasonable means for locating and contacting a birth parent are exhausted, unless the requester has specified under sub. (1) (b) that the search be restricted.
A search shall be initiated by the department or agency on the date that all of the following have been completed:

a. The completed and signed application has been received;

b. The identity of the requester is confirmed; and

c. The initial fee required under sub. (3) (c) for the first hour of service has been received.

The department or agency shall complete the search and inform the requester of the results within 6 months after initiating the search, unless:

a. A request involves searching for information from sources outside the department or agency and not readily accessible to department or agency staff;

b. A search is delayed by one or both birth parents who want additional time before signing or submitting an affidavit to the department or agency; or

c. A search has been completed by the department or agency without a birth parent being located, and the requester asks that additional efforts be made by the department or agency.

(b) To the extent allowed by law, adoption search activities shall include, but are not limited to, checking:

The current address on file at the department or agency;
Known close birth relatives who may know the location of the birth parent;
Directories;
Motor vehicle records;
Marriage and death certificates;
The family’s physician;
Occupational licensing boards if applicable to the birth parent’s occupation;
Church records;
Public agency records;
Divorce records; and
Probate records.

(c) Employees of the department or agency conducting an adoption search for birth parents may not inform anyone other than the birth parents about the purpose of the search.

(d) When it appears that a sought-after birth parent has been identified and located, the searcher shall first attempt to make contact with the birth parent by telephone. If the presumed birth parent has no telephone or cannot be contacted by telephone, the searcher shall attempt contact through either a home visit or a letter.

Whether the searcher attempts contact by letter or home visit, the contact shall be handled in a sensitive manner.
If a letter is used, the specifics of the search shall not be revealed in the event that another member of the household opens the mail.

Note: Copies of sample, non-specific letters are available from: Adoption Records Search Program, Division of Safety and Permanence, P.O. Box 8916, Madison, Wisconsin 53708-8916.

(e) Adoption search program information shall be provided to all birth parents contacted under this subsection in accordance with s. 48.433 (7) (b), Stats.

(f) Upon completion of an adoption search, the agency shall provide the requester and the department with the same written correspondence which includes:

The search activities utilized and the types of information resulting from the search activities; or
The circumstances relating to the agency’s inability to locate the birth parent or the birth parent’s refusal to provide information.

(3) Fee for adoption search.

(a) The department or the agency designated by the department to conduct the adoption search shall charge the requester a fee to cover the costs incurred in conducting the search. The fee shall reflect the amount of effort put into the search for the birth parents or birth parent information and not the results or amount of information the department or agency is able to gather. The fee may include the actual cost of locating, certifying, removing identifying information, copying and mailing existing information maintained in the internal files of the department or agency. The initial fee submitted under sub. (2) (a) 2. c. with an application for a search shall be deducted from the fee charged under this subsection. The fee charged a requester for existing record information may not exceed a total of $150.

Note: The department or agency cannot guarantee that birth parents will be found or that, if found, the birth parents will file the required affidavit granting authorization for disclosure of birth parent identity and location.

(b) The adoption search fee shall be an hourly amount which shall represent the actual cost to the department or agency to provide the service, except that actual costs for making copies of record information may be billed to the requester in addition to the hourly fee. The following items may be included in the fee:

Salary and fringe benefit expenses of personnel needed to operate and manage the search activity (professional staff, clerical staff, and supervisory personnel);
A proportionate share of overhead expenses attributable to the search activity; and
Special documentable expenses such as travel expenses and long distance telephone costs if these expenses are not included in the regular rate. These expenses shall be the actual amount paid out by the agency or the department for the special item.

Note: Examples of overhead expenses that can be taken into account when computing fees are rental of space and equipment, utility costs, local telephone costs, depreciation of buildings and equipment, interest payments, materials, supplies and postage.

(c) The department or agency shall require a minimum charge up to the amount charged for one hour of service for any adoption search activity undertaken for a client, including acting on a request for disclosure of existing adoption record information.

(d) Each agency shall inform the department of the hourly fee that it charges for adoption search services. Agency and department fees may be adjusted whenever costs for providing the service change. Fees shall be recomputed at least once a year.

(e) The department or agency may require an advance payment of not more than $100 for the initiation of an adoption search. If the advance payment exceeds the fee times the number of hours of service plus special expenses, the department or agency shall refund any overpayment to the requester. When the hours of service plus special expenses equal the advance payment, the requester shall be notified that he or she has the option of either accepting the adoption search information obtained to date or making an additional advance payment for continuation of adoption search activities.

(f) The department or agency may waive all or part of any fees described in this subsection when the department or agency finds that the requester does not have the sufficient means to pay for the search.

History

Cr. Register, October, 1984, No. 346, eff. 11-1-84; r. and recr. (1) (b) to (d), (2) (a) and (3) (a), cr. (1) (e), r. (3) (b), renum. (3) (c) to (g) to be (3) (b) to (f) and am. (3) (b) (intro.) and (c), Register, January, 1993, No. 445, eff. 2-1-93.

Wis. Admin. Code § DCF 53.06 Release of adoption information {#sec-dcf-53.06 omnilex-key=us-wi-regs-official--agency-dcf--DCF 53.06}

(1) Confidentiality. The department and agencies shall comply with Wisconsin statutes, administrative rules and federal regulations governing confidentiality of adoption records and consider all adoption information to be confidential information that may only be released as provided under ss. 48.432, 48.433, and 48.93, Stats., and this chapter.

(2) Notification of the department. Any agency disclosing identifying information shall inform the department regarding the types of information released and the persons to whom this information was released.

(3) Medical and genetic information. The department or agency shall release medical and genetic information as follows:

(a) On receiving an eligible request, the department or agency shall compile any existing medical and genetic information from files maintained at the department or agency into a medical and genetic history and provide a copy of the information to the requester without charge except for the actual cost of reproduction. Any updated medical and genetic information obtained as a result of a requested search of additional sources shall also be compiled into a medical and genetic history and reported to the eligible requester, and a fee may be charged for the cost of the search;

(b) When the department or agency receives any updated medical and genetic information pertaining to the birth parents or adoptee, the department or agency shall make a reasonable effort to forward that information to the birth parent or to the adoptive parent, or to the adoptee after he or she has reached age 18, and the agency shall also forward that information to the department;

(c) On receiving a report from a physician that an adoptee, birth parent or another child of a birth parent has or may have a genetically transferable disease, the department or agency shall disclose that information directly to the adoptee, if the adoptee is 18 years of age or older, or to the guardian, custodian or adoptive parents, if the adoptee is under age 18, and to the birth parent, as required by s. 48.432 (7) (a) and (b), Stats.; and

(d) On receiving a court order, the department or agency shall release information listed in par. (a) or (b) as specified by the court order.

(4) Birth parent nonidentifying information. On receiving a request from an adoptive parent or an adopted person over the age of 18, the department or agency shall provide the requester with any nonidentifying social history information about the adopted person’s birth family which it has on file, after deleting the names and addresses of the birth parents and any provider of health care to the adopted person or the adopted person’s birth parents.

(5) Birth parent identifying information.

(a) The department and agencies conducting searches under an interagency agreement may release birth parent identifying information only to requesters who are 21 years of age or over and whose birth parents’ rights have been terminated in this state or who have been adopted in this state with consent of the birth parent or parents before February 1, 1982, and only after the birth parent has filed an affidavit granting authorization for release of identifying information or pursuant to a court order.

(b) If the department or agency may not under this subsection disclose the information requested and the requester is an adoptive parent or an adopted person over the age of 18, the department or agency shall provide the requester with any nonidentifying social history information about the adopted person’s birth family that it has on file as required under sub. (4).

(6) Information from a record of final adoption. When an agency receives a request for information from a record of final adoption, the agency shall forward the request and the requested information to the department, except that the agency shall disclose the information directly to the requester in response to a court order, as authorized by the department under an interagency agreement, pursuant to subs. (3) (b), (c) and (4) or when the request is for existing medical and genetic information under sub. (3) (a).

Note: Requests for updated medical and genetic information relevant to adoptees and for identifying information about birth parents should be sent to: Adoption Records Search Program, Division of Safety and Permanence, P.O. Box 8916, Madison, WI 53708-8916.

History

Cr. Register, October, 1984, No. 346, eff. 11-1-84; am. (4) and (5) (b), Register, January, 1993, No. 445, eff. 2-1-93.

Wis. Admin. Code § DCF 53.07 Adoption records {#sec-dcf-53.07 omnilex-key=us-wi-regs-official--agency-dcf--DCF 53.07}

(1) Permanence. The department and agencies shall maintain adoption records permanently.

(2) Department access to agency records. Agencies shall make adoption records available to department staff who are conducting searches or monitoring the agencies authorized to conduct searches.

(3) Safekeeping following agency termination. Agencies shall have written policies providing for retention and safekeeping of adoption records in the event that an agency discontinues operation. The policies shall include:

(a) A provision for transfer of the adoption records into the safekeeping of the agency’s governing body and for notification of the department regarding access to the transferred records; and

(b) A provision that if no governing body exists or if the governing body does not accept the transfer of records, the adoption records shall be transferred to the department for inclusion in the central birth record file.

History

Cr. Register, October, 1984, No. 346, eff. 11-1-84.

Wis. Admin. Code § DCF 53.08 Complaints {#sec-dcf-53.08 omnilex-key=us-wi-regs-official--agency-dcf--DCF 53.08}

Any requester or birth parent not satisfied with an action taken by the department or agency regarding the implementation or interpretation of this chapter may ask the secretary of the department or that person’s designee to review the action. Following review, the secretary or designee shall respond to the complainant.

Note: Requests for a review should be addressed to: Administrator, Division of Safety and Permanence, P.O. Box 8916, Madison, Wisconsin 53708-8916.

History

Cr. Register, October, 1984, No. 346, eff. 11-1-84.

Chapter DCF 54 CHILD-PLACING AGENCIES

Wis. Admin. Code § DCF 54.01 Introduction {#sec-dcf-54.01 omnilex-key=us-wi-regs-official--agency-dcf--DCF 54.01}

(1) Purpose. The purpose of this chapter is to protect and promote the health, safety and welfare of children in the care of child-placing agencies and to establish the administrative rate that a child-placing agency may charge for services for foster homes with a Level 3 or 4 certification.

(2) Applicability. This chapter applies to all child-placing agencies.

(3) Exceptions to rules. The department may make exceptions to any provision of this chapter that is not a statutory requirement if the department is assured that granting such exceptions is not detrimental to the health, safety and welfare of children. A request for an exception shall be in writing, justify the reason for requesting an exception, and describe an alternative that meets the intent of the requirement.

(3m) Compliance with administrative rules and laws. A person who is licensed under this chapter shall operate the agency in compliance with this chapter, the provisions of the license, and applicable state, federal, and local law.

(4) Definitions.

(a) “Administrative rate” means the difference between the rate charged by a child-placing agency to a Wisconsin public purchaser of services for a foster home with a Level 3 or 4 certification and the rate determined under s. DCF 56.23 that is paid by the child-placing agency to the foster parent for the care and maintenance of a child placed in the foster home.

Note: A purchaser of services may pay a foster parent for the care and maintenance of a child directly.

(am) “Board of directors” means the policy-making body which governs a child welfare agency.

(b) “Child” means a person who is under 21 years of age and is under juvenile court jurisdiction or other court order, is being provided services by a child welfare agency, or is placed under an agreement.

(c) “Child custody proceedings” has the meaning prescribed in the Indian Child Welfare Act, 25 USC 1903 (1), and as provided in that act includes foster care placements, termination of parental right proceedings, pre-adoptive placements and adoptive placements.

(d) “Child-placing agency” means a child welfare agency licensed to place children in licensed family foster homes and licensed group homes.

(e) “Child welfare agency” means any person required to be licensed under s. 48.60, Stats.

(em) “County department” or “county” means a county department of social services under s. 46.215 or 46.22, Stats.; a county department of human services under s. 46.23, Stats.; or a county department under s. 51.42 or 51.437, Stats.

(f) “Department” means the department of children and families.

(g) “Division” means the department’s division of safety and permanence.

(gm) “Foster home with a Level 3 or 4 certification” means a facility operated by a person licensed under s. 48.62 (1), Stats., and certified under s. DCF 56.13 (5) or (6).

(h) “Guardian” means the person or agency appointed by a court to make major decisions affecting a child which may include consent to marriage, to enlistment in the armed forces, to major surgery and to adoption, or to manage the estate of a minor.

(i) “Indian child” has the meaning prescribed in 25 USC 1903 (4), namely, any unmarried person who is under age 18 and is either a member of an Indian tribe or eligible for membership in an Indian tribe and is the biological child of a member of an Indian tribe.

(j) “Indian tribe” means any Indian tribe, band, nation, or other organized group or community of Indians recognized as eligible for the services provided to Indians by the U.S. secretary of the interior because of their status as Indians.

(k) “Legal custodian” means the person or agency to whom a court has transferred a child’s legal custody, and who thereby has the right and duty to protect, train and discipline the child and to provide for the child’s care needs. “Legal custody” has the meaning prescribed in s. 48.02 (12), Stats.

(L) “Wisconsin public purchaser” means a county department, the department, or the Wisconsin department of corrections.

History

Cr. Register, September, 1982, No. 321, eff. 10-1-82; am. (4) (c), Register, December, 1983, No. 336, eff. 1-1-84; emerg. renum. (4) (c) to (h) to be (4) (d) to (h) and (k), cr. (4) (c), (i) and (j), eff. 9-5-92; renum. (4) (c) to (h) to be (4) (d) to (h) and (k), cr. (4) (c), (i) and (j), Register, May, 1993, No. 449, eff. 6-1-93; CR 04-040: cr. (3m) Register December 2004 No. 588, eff. 1-1-05; corrections in (4) (f) and (g) made under s. 13.92 (4) (b) 6., Stats., Register November 2008 No. 635; EmR1106: emerg. am. (1), (3), renum. (4) (a) to be (4) (am), cr. (4) (a), (gm), eff. 9-16-11; CR 11-026: am. (1), (3), renum. (4) (a) to be (4) (am), cr. (4) (a), (em), (gm), (L) Register December 2011 No. 672, eff. 1-1-12; EmR1414: emerg. r. and recr. (4) (b), eff. 8-1-14; CR 14-054: r. and recr. (4) (b) Register April 2015 No. 712, eff. 5-1-15.

Wis. Admin. Code § DCF 54.02 Organization and administration {#sec-dcf-54.02 omnilex-key=us-wi-regs-official--agency-dcf--DCF 54.02}

(1) Incorporation. Every child welfare agency shall be incorporated. Any agency incorporated outside of Wisconsin shall secure authorization from the secretary of state to do business in Wisconsin.

(2) Board of directors.

(a) Every agency shall be governed by a board of directors which is responsible for the operation of the agency according to its defined purposes.

(b) If the agency is incorporated in another state, the board of directors shall:

Meet in Wisconsin at least once during the period for which the license is issued, or
Have a subcommittee of at least 3 Wisconsin residents one of whom shall be a member of the board. This subcommittee shall be responsible to the board of directors to see that board policies are carried out and that there is adherence to licensing rules.

(c) When requested, the board, or its subcommittee if it is in the category covered by par. (b) 2., shall meet with its licensing representative.

(d) The board shall:

Define its responsibilities. These responsibilities shall include:

a. The establishment of policies to be followed by the agency and regular planned review of policies and purposes of the agency to determine that the interests of children are being served.

b. Surveillance that the agency does not discriminate in its personnel practices, intake and services on the basis of race, color and national origin.

c. The exercise of trusteeship for property, investment and protection from liability.

d. Approval of the budget and responsibility for obtaining and disbursing of funds.

e. Employment of a qualified executive and delegation to that executive the responsibility for the administration of the agency and the employment of other staff members.

Meet at least semiannually and keep minutes of each meeting which shall be made a part of the permanent records of the agency.
Keep informed to ensure that the agency fulfills its functions.
Consult with the department prior to the establishment of a new agency or the changing of a basic program of care of an existing agency or the extension of service into additional program or geographic areas.
Notify the department when there is a change in the executive of the agency and/or the chief officer of the board.
Notify the department of any major changes pending or occurring in the corporate structure, organization or administration of the agency.

(3) Application.

(a) The board shall submit to the department an application to operate an agency in a form prescribed by the department for a license. The application shall be signed by the chief officer of the board and the agency executive. It shall not operate the agency until it receives such a license.

Note: An application form may be obtained from the department’s website at http://dcf.wisconsin.gov or by writing or telephoning any field office listed in Appendix A.

(b) If the board is applying for a license for the first time the application shall be submitted at least 60 days prior to the date on which it proposes to begin operation.

A copy of the articles of incorporation and if existent, a copy of the constitution and by-laws.
Evidence of the availability of funds to carry the agency through the first year of operation.
A statement of purpose which includes a description of the geographic area to be served, the types of children to be accepted for care, the services to be provided and the program objectives.
A general description of each type of position proposed for the agency.
A proposed organization chart insuring that there will be staff in number and qualifications for the scope of the agency services.
A list of board members including the addresses of the officers of the board.
A proposed per client administrative rate that the child-placing agency will charge for services for foster homes with a Level 3 or 4 certification in the current year and a proposed budget with the same cost categories as the department’s cost and service report under s. DCF 54.09 (1) (a).

(d) Subsequent applications shall be submitted to the department:

At least 30 days prior to the continuation date of the current license.
When an additional office is to be opened.
When a new program subject to licensing is to be initiated.
When the geographic area served is to be extended.
When the address of the agency is to be changed.
When the name of the agency is to be changed.

(e) Subsequent applications shall be sent with the following materials:

Copies of the annual reports published since the last license was issued.
The budget for the current fiscal year and the most recent financial audit.
A list of the current members of the board of directors and its committees.
The number, names, qualifications and classifications of current staff.
A copy of the current staff organization chart.
A description of any program review and evaluation and changes in program content and purpose which have occurred since the last license was issued.
If the expiring license is provisional, a statement showing whether the requirements on which a provisional license was based have been met, or if not, plans for meeting them.
A copy of any revisions of personnel practices that have been made since the last license was issued.
Upon the request of the department, a copy of the current staff development and in-service training plan.

(em) Within 60 days after receiving a complete application for a child-placing agency license, the department shall either approve the application and issue a license or deny the application. If the application for a license is denied, the department shall give the applicant reasons, in writing, for the denial.

(er) Pursuant to s. 48.60, Stats., before the department may issue or continue a license under par. (em), the department shall review the need for additional placement resources that would be made available by licensing or continuing the license of any child welfare agency after August 5, 1973, providing care under s. 48.61 (3), Stats. If the department’s review fails to indicate the need for additional placement resources neither the department nor the department of corrections may make any placements to any child welfare agency.

(f) A written amendment to the license shall be secured from the department by the board of directors prior to any changes in the conditions of the current license.

(g) When a license is granted, the board shall display the certificate of license in a prominent place in the agency.

(3m) License denial or revocation.

(a) Grounds. The department may deny, revoke or suspend a license, initiate other enforcement actions specified in this chapter or in ch. 48, Stats., or place conditions on a license if the applicant or licensee, a proposed or current employee, a volunteer or any other person having regular contact with the children, has or has been any of the following:

The subject of a pending criminal charge for an action that substantially relates to the care of children or activities of the center.
Convicted of a felony, misdemeanor or other offense that substantially relates to the care of children or activities of the center.
Determined to have abused or neglected a child pursuant to s. 48.981, Stats., or has been determined to have committed an offense which substantially relates to the care of children or the activities of the center.
The subject of a substantiated finding of misconduct in the department’s nurse aide registry under s. DHS 129.10.
The subject of a court finding that the person has abandoned his or her child, or has inflicted physical abuse or neglect on the child.
Had a child welfare agency, group home or shelter care facility license revoked or denied within the last 5 years.
Violated any provision of this chapter or ch. 48, Stats., or fails to meet the minimum requirements of this chapter.
Made false statements or withheld information.
Failed to comply with the requirements in s. DCF 54.09 (1) and (3).

(b) Appeals.

Any person aggrieved by the department’s decision to deny a license or to revoke a license may request a hearing on the decision under s. 227.44, Stats.
The request for a hearing shall be in writing and shall be filed with the department of administration’s division of hearings and appeals within 10 days after the date on the notice of the department’s refusal or failure to issue, renew, or continue a license or the department’s action taken under s. 48.715, Stats.

(4) Financing.

(a) The board, with the executive, shall be responsible for the safety and judicious use of the funds of the agency. Policies and practices shall be in accord with sound budgeting, disbursement and audit control procedures.

(b) Each agency shall:

Have sufficient funds assured to carry a new agency through its first year of operation and be able to furnish evidence to that effect.
Have a sound plan of financing to assure sufficient funds to enable it to carry out its defined purposes and to provide proper care for children, as required by the administrative rules relating to licensing child placing agencies.
Provide for annual audit of all accounts by a certified public accountant who is not in the employ of the agency nor a member of the board.
On request, provide the department with financial records or financial statements.

(c) The financial operation of the agency shall be on the basis of an annual budget approved by the board. This budget shall reflect anticipated expenditures and sources of income.

History

Cr. Register, August, 1957, No. 20, eff. 9-1-57; r. and recr. Register, September, 1970, No. 177, eff. 4-1-71; renum. from PW-CY 40.41, Register, September, 1982, No. 321, eff. 10-1-82; cr. (3) (em), Register, October, 1985, No. 358, eff. 11-1-85; emerg. cr. (5), eff. 9-5-92; CR 04-040: cr. (3) (er) and (3m) Register December 2004 No. 588, eff. 1-1-05; correction in (3m) (d) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; EmR1106: emerg. cr. (3) (c) 7., eff. 9-16-11; CR 11-026: cr. (3) (c) 7., (3m) (i) Register December 2011 No. 672, eff. 1-1-12; correction in (3m) (i) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672; 2015 Wis. Act 132: am. (3) (d) 1. Register February 2016 No. 722, eff. 3-1-16; EmR1633: emerg. renum. (3m) to (3m) (a), cr. (3m) (a) (title), (b), eff. 11-18-16; CR 16-051: renum. (3m) to (3m) (a), cr. (3m) (a) (title), (b) Register July 2017 No. 739, eff. 8-1-17.

Wis. Admin. Code § DCF 54.03 Personnel administration {#sec-dcf-54.03 omnilex-key=us-wi-regs-official--agency-dcf--DCF 54.03}

(1) Personnel policies. Each agency shall have a written statement of personnel practices adopted by the board. The board shall review personnel practices at least every 2 years.

(a) The following items shall be included in personnel practices and shall be submitted to the department for approval with the original application:

Job specifications for all positions of 6 months or longer duration in the agency.
Staff pattern. There shall be a staff sufficient in number and qualifications for the scope of the agency’s services.

(b) There shall be written policy statements available to all employees and made known to each employee at the time of employment including:

The method of wage adjustments.
Retirement program.
Health and other insurance programs.
Vacation, sick leave, holidays and leaves of absence.
Probationary status.
Termination procedures.
Agency chain of command.
Grievance procedures.
Employment outside the agency.
For the specific job classification for which application is being made:

a. Compensation.

b. Hours of work.

c. Job specifications.

d. Performance evaluations.

(1m) Personnel record. A personnel record shall be maintained for each staff member and be available to authorized licensing staff. The record shall include:

(a) Employment application showing qualifications and experience.

(b) Statements from previous employers or personal references.

(d) Reports of job performance, if any.

(e) Medical reports, if pertinent.

(f) When the employee terminates employment, the dates and the reasons for separation.

(2) Personnel.

(a) General qualifications.

All employees shall have the ability and emotional stability to carry out their assigned duties.
Character references from at least 2 people and references from previous employers within the last 5 years must be obtained for prospective employees.
References may be documented either by letter or verifications in the record of verbal contact giving dates, person making the contact and persons contacted and the contact content.
The agency shall review and investigate application information carefully to determine whether employment of the individual is in the best interests of children under its care.

(b) Administrative staff.

An executive or administrator shall be employed who shall:

a. Possess a knowledge of child welfare services and a demonstrated actual or potential administrative skill and leadership.

b. Be a graduate of a college or university with a minimum of 15 graduate credits in the social sciences.

c. Have at least 2 years experience in an administrative or supervisory capacity.

The executive’s duties in administering the agency shall include:

a. Responsibility to the board for satisfactory management.

b. Keeping the board informed of the program of the agency.

c. Interpreting and implementing recognized standards of child welfare.

d. Preparing and presenting the annual budget for discussion and approval.

e. Responsibility for the operation of the program of child welfare in employment, supervision and discharge of staff.

If the executive also functions as casework supervisor he shall meet the additional requirements for that classification.
There shall be a qualified staff person to whom authority is delegated in the absence of the executive.

If a director of social services is employed, he shall have a master’s degree from an accredited school of social work and a minimum of 2 years of post master’s degree social work experience in a supervisory capacity supplemented by or including experience in family or child welfare.
A casework supervisor shall have a master’s degree in social work, or its equivalent and have a minimum of 2 years of supervised experience in family or child welfare.
An advanced social worker shall meet one of the following:

a. A master’s degree in social work, or

b. One year of graduate work in an accredited graduate school of social work or its equivalent and at least 2 years supervised experience in family or child welfare, or

c. College graduation and at least 3 years of supervised experience in family and child welfare with 12 graduate credits in social work plus approved in-service training.

3m. At least 50% of the social worker staff shall be in the advanced social work category.

College graduates may be employed who do not have the foregoing training and experience. They shall have a minimum of 15 hours in the social sciences and within 2 years of employment have completed an approved in-service training program.
Persons who do not have qualifications for social worker but who have an interest in working with people may assist the social services staff. Employees in this classification shall have professional social worker supervision. They shall not assume the full responsibilities and duties normally assigned to a social worker.

(d) Consultant services. The agency shall provide consultant services as required to meet the needs of the children. Consultants shall meet the standards of their professional groups.

(e) Volunteers. If volunteers are used, the agency shall assign an appropriate staff member to evaluate and supervise them and to develop a plan for their orientation, training and use.

(3) Staff development and in-service training.

(a) The agency shall have within one year of original licensure, written material concerning the process and content of orientation, staff development and in-service training programs for agency employees.

(b) These programs shall include provision for the development of a working knowledge of these rules as they pertain to individual responsibilities of each employee.

History

Cr. Register, August, 1957, No. 20, eff. 9-1-57; r. and recr. Register, September, 1970, No. 177, eff. 4-1-71; renum. from PW-CY 40.43 and am. (2) (c) 5. and 6. and (d), Register, September, 1982, No. 321, eff. 10-1-82; correction in (1) made under s. 13.93 (2m) (b) 1., Stats., Register, May, 1993, No. 449; CR 04-040: renum. (2) (a) 1. a. to c. to be (2) (a) 1. to 4. Register December 2004 No. 588, eff. 1-1-05.

(1) General requirements.

(a) The agency shall provide services to children who need and seek its care without discrimination on the basis of race or cultural identification, sex, sexual orientation, age, creed, ancestry, disability, political affiliations, religious beliefs, color, or national origin.

(b) Each agency shall:

Develop and follow written intake policies that include asking the referring person or agency to indicate if the child or at least one of the child’s biological parents is of American Indian descent.
Secure and record information which substantiates the planning for the child.
Accept a child for placement only when legally authorized to do so.
Obtain from the parent or guardian of every child accepted for care a written authorization for emergency surgical care, for necessary vaccinations and immunizations, for routine medical examinations and treatment.

(c) The agency shall substantiate that continuing social services to the child, to his parents and to the foster parents on a planned basis are provided while the child is in placement.

(d) Adopt written policies for placement and discharge from service.

(e) When the agency is terminating its responsibility to the child release the child only to a person or agency authorized to accept the child.

(f) Requirements to be met by licensee in order to place children in boarding care. A child welfare agency with authority to place children in licensed foster homes and to license foster homes (s. 48.61 (3) and (7), Stats.) shall:

Have a social service supervisory staff of one or more persons who meet the requirements of s. DCF 54.03 (2) (c) 2. and have at least one year’s experience in the study of foster homes, licensing, placement and supervision of foster care.
License only homes which meet the foster home rules.
Place children only in homes which meet the foster home rules.
Place and/or supervise a minimum of 5 children a year in foster care, exclusive of adoptive placement.
Assign the responsibility for supervision to one staff person when there are fewer than 20 children in foster care.
Place no child under the care of the agency in the home of a staff person employed by the agency or a member of the board of directors. This does not pertain to persons whose only employment by the agency is in the foster parent role.
Maintain individual foster home records for each home used by the agency which includes signed applications and agreements.
Establish an administrative plan for periodic review of children in boarding home placement.

(g) Requirements to be met by licensee in order to accept guardianship. A child welfare agency with authority to accept guardianship and place children for adoption under ss. 48.43 (1), 48.61 (5) and 48.70 (4), Stats., shall:

Furnish evidence of providing a service to cover a geographic area with no less than a 50 mile radius or 200,000 population base.
Have a social service supervisory staff of one or more persons available, who, in addition to meeting the requirements of s. DCF 54.03 (2) (c) 2., have one year’s experience in the study, placement, and postplacement services in an agency authorized to place children for adoption.
Place at least 15 children in adoption a year.
If fewer than 20 children are under supervision or placed within one year, assign this responsibility to one staff person.
Assign to one worker no less than 5 placements a year.
Accept applicants only from the geographical area covered by the license.
Develop and follow written intake policies for the acceptance of children and prospective adoptive families. Intake policies shall include asking the referring person or agency to indicate if the child or at least one of the child’s biological parents is of American Indian descent.
Establish an administrative plan for a periodic review of children in the agency’s guardianship.
When a child is determined ready for placement the child shall be placed within 3 months by the guardianship agency or referred to another agency or resource for placement.
Provide postplacement services to the adoptive family for the purpose of effecting a successful integration of the child into the family.
Maintain a record of the study of the adoptive home and of the placement and postplacement services.
Require workers to inform prospective adoptive parents interested in adopting a special needs child about the subsidized adoption program and that they may submit an application for an adoption subsidy.
Comply with ch. DCF 53 regarding adoption information search and disclosure to adoptees and disclosure of medical, genetic and non-identifying social history information to the courts, adoptees, adoptive parents or birth parents.

(h) An agency shall complete all components of a standardized assessment tool prescribed by the department to conduct the home study required for approval of a placement for adoption, recognition of a foreign adoption, and issuance of a license to operate a foster home. Completion shall include dates and signatures where specified by the tool.

(2) Program of child care.

(a) Education. The agency shall be responsible for providing opportunities for academic and vocational training.

(b) Health care. The agency shall:

See that each child has a thorough health appraisal and a rehabilitative health program as indicated.
Have on file the written authorization from parent or guardian as required in sub. (1) (b) 4.
Provide for consultation to staff in the areas of medical, dental, psychological and psychiatric need.
Obtain, when needed, psychiatric and psychological services including tests and examinations.

(c) Admission examination—health qualifications. Each child shall have a physical examination from a qualified physician within 90 days prior to the initial acceptance for placement. If the foregoing has not occurred, the examination shall be given within 48 hours after acceptance.

Prior to placement the child shall have been observed by a person competent to recognize common signs of communicable diseases.
It shall be determined that each child is adequately immunized against the following diseases:

a. Diphtheria

b. Polio

c. Tetanus

d. Whooping cough (if under 5 years)

e. Measles (rubeola)

f. German measles (rubella)

g. Mumps

Each child shall have been given a tuberculin test, and chest X-ray if indicated, within 6 months prior to acceptance.
All medical reports, i.e., physical examinations, tests and recommendations shall be in writing and filed with the agency.

(d) Medical examinations. Each agency shall provide for each child annually a health examination covering the areas included on a department-prescribed form.

Note: A health examination form may be obtained by writing or telephoning any field office listed in Appendix A.

(e) Medical care.

Each agency shall have a plan and make provisions for prompt treatment in illnesses and for carrying out corrective measures and treatment of remedial defects or deformities.
Procedures for hospitalization shall be established.

(f) Dental care.

Each agency shall provide for regular dental examinations and treatment including necessary prophylaxis, repairs and extractions.
Each child over 3 shall have a thorough dental examination as soon as practical after acceptance for care and at intervals thereafter not exceeding 6 months after the last examination or completion of treatment.

(g) Eye care. Children who are in need of glasses shall have refractions at a minimum of once every 2 years and shall be supplied with glasses as required.

(h) Special care. Foster parents shall be informed of the expected precautions to be taken in the care of sick children and in the handling of medicines and prescriptions.

(i) Medical records. A health record shall be maintained for each child covering the following health history:

Pre-natal and birth history.
Developmental history.
Previous illness, injuries and surgery.
Immunizations and tests.
Social, emotional and environmental history of the child.
Height and weight record.
Health history of the child’s family including mental, or emotional problems.

(j) Clothing. The agency shall furnish each child with clothing which is individually selected and fitted, appropriate to the season and comparable to that of other children in the community.

(k) The licensee shall be knowledgeable of and ensure that staff members and volunteers observe the patient rights and grievance resolution procedures in s. 51.61, Stats., and ch. DHS 94, for each resident that receives services for treatment of mental illness, a developmental disability, alcoholism or drug dependency. Residents that are not specifically identified as coming under s. 51.61, Stats., and ch. DHS 94 shall have rights and access to grievance resolution procedures that are comparable to those found in s. 51.61, Stats., and ch. DHS 94.

History

Cr. Register, August, 1957, No. 20, eff. 9-1-57; r. and recr. Register, September, 1970, No. 177, eff. 4-1-71; am. (2) (c) 1. b., Register, December, 1972, No. 204, eff. 1-1-73; renum. from PW-CY 40.43 and am. (1) (f) 1., (g) (intro.) and 2. and (2) (b) 2., Register, September, 1982, No. 321, eff. 10-1-82; cr. (1) (g) 12., Register, January, 1984, No. 337, eff. 2-1-84; cr. (1) (g) 13., Register, October, 1984, No. 346, eff. 11-1-84; correction in (1) (g) 9. made under s. 13.93 (2m) (b) 5., Stats., Register, June, 1986, No. 366; emerg. am. (1) (b) 1. eff. 9-5-92 and am. (1) (g) 7. eff. 11-1-92; am. (1) (b) 1. and (g) 7., Register, May, 1993, No. 449, eff. 6-1-93; CR 04-040: cr. (2) (k) Register December 2004 No. 588, eff. 1-1-05; corrections in (1) (f) 1., (g) 2., 13. and (2) (k) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; EmR1106: emerg. am. (1) (a), eff. 9-16-11; CR 11-026: am. (1) (a) Register December 2011 No. 672, eff. 1-1-12; EmR1633: emerg. cr. (1) (h), eff. 11-18-16; CR 16-051: cr. (1) (h) Register July 2017 No. 739, eff. 8-1-17.

Wis. Admin. Code § DCF 54.05 Indian children {#sec-dcf-54.05 omnilex-key=us-wi-regs-official--agency-dcf--DCF 54.05}

(1) Determination that a child is or may be an Indian child. If an agency has obtained information at intake or through other means that the child or at least one of the child’s biological parents is or may be of American Indian descent, the child’s case manager shall:

(a) Carry out and document in the child’s case record diligent efforts, including but not limited to contacting the potential tribe or tribes’ membership or enrollment offices and child welfare offices, and the U.S. department of interior’s bureau of Indian affairs where contacts with individual tribes do not document the child’s Indian descent, to verify that the child is an Indian child and to identify the child’s Indian tribe;

(b) Inform the court of a determination that the child is an Indian child and of the factual basis for that determination and document and date in the child’s case record that determination; and

(2) Compliance with Indian child welfare act. If the agency determines under sub. (1) that a child is an Indian child, the agency shall comply with all provisions of the Indian Child Welfare Act, 25 USC 1901 to 1963, and s. 48.028, Stats.

(3) Services for Indian child and family.

(a) Before providing services to an Indian child and the Indian child’s family, the agency shall inform the child’s tribe, if known, and ask for the tribe’s participation in efforts to provide services to the Indian child and the Indian child’s family. The child’s case manager shall document and date in the child’s case record agency efforts to inform the tribe and seek its participation.

(b) The Indian child’s case manager shall undertake active efforts to prevent breakup of the child’s family by providing remedial services and rehabilitative programs to the Indian child and the child’s family in accordance with 25 USC 1912 (d). The child’s case manager shall document and date those efforts in the child’s case record.

(4) Termination of parental rights. An agency seeking the termination of parental rights to an Indian child shall notify the parents and tribe in accordance with 25 USC 1912 (a) of their rights of intervention and shall provide the court of jurisdiction with information on agency efforts described under sub. (3). The information shall include the reasons why those efforts proved unsuccessful. The agency shall record in the Indian child’s case record the date the information was given to the court.

(5) Placement of an Indian child.

(a) Adoptive placement.

For the adoptive placement of an Indian child, 25 USC 1915 (a) requires that preference be given, in the absence of good cause to the contrary, to placement with, in order of priority, a member of the Indian child’s extended family, another member of the Indian child’s tribe or another Indian family. The Indian child’s case manager shall investigate the availability of a placement in the order of priority indicated.
After completing the adoption of the Indian child, the child’s case manager shall request in writing that the court that ordered the adoption notify the secretary of the U.S. department of the interior of the following enrollment information:

a. The name and tribal affiliation of the Indian child;

b. The name and address of the adoptive parents; and

c. The name and address of any agency having files or information on the child’s adoptive placement.

The Indian child’s case manager shall file a copy of the written request under subd. 2. in the child’s case record.

(b) Foster care or preadoptive placement.

For foster care or preadoptive placement of an Indian child, 25 USC 1915 (b) requires that the child be placed in the least restrictive setting which most approximates a family and in which any special needs of the child may be met, within reasonable proximity to the child’s home. Preference is to be given, in the absence of good cause to the contrary, to placement, in order of priority:

a. With a member of the Indian child’s extended family;

b. In a foster home licensed, approved or specified by the Indian child’s tribe;

c. In an Indian foster home licensed by the department, a county social services or human services department or a child-placing agency; or

d. In an institution for children approved by an Indian tribe or operated by an Indian organization which has a program suitable to meet the Indian child’s needs.

For foster care or preadoptive placement of an Indian child, except for an emergency placement under 25 USC 1922, the child’s case manager shall investigate to determine the availability of a placement under subd. 1. in the order of priority indicated. The Indian child’s case manager shall document in the child’s case record the investigative efforts and results, as well as any emergency placement and the reason for it.
An agency seeking to place an Indian child in foster care shall notify the parents and tribe in accordance with 25 USC 1912 (a) of their right of intervention and shall provide the court of jurisdiction with information on agency efforts described under sub. (3). The information shall include the reasons why those efforts proved unsuccessful. The agency shall record in the Indian child’s case record the date the information was given to the court.

(c) Preference of tribe, child or parent. In the case of a placement under par. (a) or (b), if the Indian child’s tribe establishes a different order of preference by resolution, the agency shall follow that order so long as the placement is the least restrictive setting appropriate to the particular needs of the child as provided in par. (b). Where appropriate, the preference of the Indian child or the child’s parent shall be considered provided that where a consenting parent evidences a desire for anonymity, the agency shall give weight to that desire in applying the preference.

(d) Informing the court. Prior to the court ordering termination of parental rights, foster care placement, adoptive placement or adoption of an Indian child, the agency shall inform the court in writing of agency investigative efforts and results to determine the availability of a placement in order of priority under par. (a) or (b) including when there is an emergency placement or when a different order of preference is expressed under par. (c).

(e) Record of placement. When an agency places an Indian child under par. (a) or (b), the agency shall forward a record of the placement to the department. The record shall provide evidence of efforts to comply with the order of preference under par. (a) 1. or (b) 1., as appropriate. The department, pursuant to 25 USC 1915 (e), shall maintain the record and shall make it available at any time upon request of the secretary of the U.S. department of the interior or of the Indian child’s tribe.

Note: Send records of placement to the Bureau of Permanence and Out-of-Home Care, Division of Safety and Permanence, P.O. Box 8916, Madison, WI 53708-8916.

(6) Sanctions for not complying with the Indian child welfare act. A child-placing agency which fails to follow the provisions of the Indian Child Welfare Act (ICWA), 25 USC 1901 to 1963, concerning child custody proceedings involving an Indian child shall be subject to the following department sanctions:

(a) If the child-placing agency knowingly and intentionally disregards a requirement of the ICWA, the department shall by letter of notification order the child-placing agency to stop accepting for service all Indian children referred for service to the agency. The agency shall ensure that no child accepted for service is an Indian child;

(b) If the child-placing agency knowingly and intentionally disregards the department’s letter of notification under par. (a), the department shall revoke or not renew, as appropriate, the child-placing agency’s license;

(c) If the child-placing agency is informed or discovers that it has unknowingly or negligently violated a requirement of the ICWA, the child-placing agency shall do the following:

Notify the court and the department upon being informed of or discovery of the violation of the ICWA;
Notify the parent Indian custodian, tribe and child upon being informed of or discovery of the violation of the ICWA; and
Cooperate with all parties in promptly correcting any inappropriate placements; and

(d) If the child-placing agency under par. (c) does not comply with par. (c) 1. to 3., the child-placing agency shall be subject to the sanctions under pars. (a) and (b).

History

Emerg. cr. eff. 11-1-92; cr. Register, May, 1993, No. 449, eff. 6-1-93.

Wis. Admin. Code § DCF 54.06 Records, inspections, and reports {#sec-dcf-54.06 omnilex-key=us-wi-regs-official--agency-dcf--DCF 54.06}

(1) General requirements. Each agency shall maintain records and submit reports prescribed by the department. Authorized representatives of the department shall have access to all records pertinent to licensing and to specific adoption searches and disclosure of the adoption search information.

(2) Records.

(a) Each agency shall maintain:

A permanent register with identifying information of all children accepted for service or placement.
Individual case records for each child served and his family.

a. These records shall contain vital statistics information for the child, his parents and siblings, source of referral, date of acceptance and terms.

b. The original social study and investigation.

c. Legal documents pertinent to legal custody and guardianship such as birth records and court reports.

d. Written agreements with parents, guardians or legal custodians. (The consent and authorization for necessary medical or surgical care may be kept separate in the health record.)

e. School reports.

f. Recording of progress of casework and/or treatment plan with child and family.

Individual foster home records for each foster home used by the agency which include signed applications and agreements.
Individual records of studied adoptive applicants.
Personnel records.
Financial reports and audits.

(b) All records shall be kept in a safe place protected from fire damage, theft and unauthorized scrutiny.

The agency shall establish written procedures governing access to the files.
The agency shall establish written procedures which ensure that information is released only in accordance with ss. 48.432, 48.433 and 48.93, Stats., and ch. DCF 53.

(3) Reports.

(a) Each agency shall submit statistical reports as required by the department under s. 48.66 (3), Stats.

(b) Each agency shall make a report to the department within 48 hours after the occurrence of an unusual incident such as a major fire which is defined as one which requires the services of a fire department, or the death or serious injury of a child, a serious injury being defined as one which requires the hospitalization of the child.

(4) Inspection of premises. The department may visit and inspect a child-placing agency and shall be given unrestricted access to the premises. During this inspection, a licensee shall provide all of the following:

(a) Any documentation of child-placing agency operations requested by the department.

(b) Any agency records on a child or a foster home requested by the department.

(5) Documentation of staffing. A licensee shall maintain and retain staff payroll records for 5 years.

(6) Requests for information. A licensee shall promptly respond to requests for information from the department or any other governmental agency with statutory authority to see the information.

(7) Current and accurate. A licensee shall ensure that information that the licensee submits to or shares with the department or any other governmental agency is current and accurate.

(8) Financial records and audits.

(a) A licensee shall arrange for an annual audit report by a certified public accountant in accordance with department guidelines.

Note: For further information, contact the Department of Children and Families, Bureau of Finance, 201 W. Washington Avenue, P.O. Box 8916, Madison WI 53708-8916 or 608-422-7000.

(b) A licensee shall establish and maintain an accounting system that enables a child-placing agency to accurately report income and disbursements by the cost categories in the cost and service report in s. DCF 54.09 (1) (a).

(c) A licensee shall be responsible for the secure and judicious use of the funds of the child-placing agency. Policies and practices shall be in accord with sound budgeting, disbursement, and audit control procedures.

(d) A licensee shall maintain a system of business management and staffing to ensure complete and accurate accounts, books, and records are maintained.

(e) Upon request, a licensee shall provide the department with financial information about the child-placing agency.

History

Cr. Register, August, 1957, No. 20, eff. 9-1-57; r. and recr. Register, September, 1970, No. 177, eff. 4-1-71; renum. from PW-CY 40.44, Register, September, 1982, No. 321, eff. 10-1-82; am. (1) and cr. (2) (c), Register, October, 1984, No. 346, eff. 11-1-84; emerg. renum. from HSS 54.05, eff. 11-1-92; renum. from HSS 54.05, Register, May, 1993, No. 449, eff. 6-1-93; correction in (2) (c) 2. made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; EmR1106: emerg. am. (title), cr. (4) to (8), eff. 9-16-11; CR 11-026: am. (title), cr. (4) to (8), correction in (5) made under s. 13.92 (4) (b) 1., Stats., Register December 2011 No. 672, eff. 1-1-12.

Wis. Admin. Code § DCF 54.065 Department memos {#sec-dcf-54.065 omnilex-key=us-wi-regs-official--agency-dcf--DCF 54.065}

A licensee shall register to receive department memos on child welfare licensing and child welfare policy by electronic mail. A licensee shall submit a new registration if the licensee’s electronic mail address changes.

Note: Sign up for Child Welfare Licensing Memos at https://dcf.wisconsin.gov/cwlicensing/signup. Sign up for Child Welfare Policy Memos at https://dcf.wisconsin.gov/cwportal/sign-up.

History

EmR1106: emerg. cr., eff. 9-16-11; CR 11-026: cr. Register December 2011 No. 672, eff. 1-1-12.

Wis. Admin. Code § DCF 54.07 Rate determination {#sec-dcf-54.07 omnilex-key=us-wi-regs-official--agency-dcf--DCF 54.07}

(1) The department shall determine the maximum per client administrative rate that each child-placing agency may charge for the administrative portion of its services for foster homes with a Level 3 or 4 certification based on the following:

(a) A maximum per client administrative rate determined by the department that no child-placing agency may exceed.

(b) A per client administrative rate that the department determines is appropriate for each child-placing agency program based on the reasonable and necessary costs of the services provided by that child-placing agency.

(2) A child-placing agency shall charge all Wisconsin public purchasers the same rate for the same services.

History

EmR1106: emerg. cr., eff. 9-16-11; CR 11-026: cr. Register December 2011 No. 672, eff. 1-1-12.

Wis. Admin. Code § DCF 54.08 Allowable costs {#sec-dcf-54.08 omnilex-key=us-wi-regs-official--agency-dcf--DCF 54.08}

In determining rates under this subchapter, the department may consider costs incurred for any purpose that is allowable under all of the following:

(1) Applicable federal regulations, including 2 CFR Part 200, 45 CFR Part 75, and 48 CFR Part 31, except as provided in sub. (2).

(2) Reserves or profit as allowed under the following:

(a) For nonprofit corporations, reserves allowed under s. 49.34 (5m) (b) 1., Stats.

(b) For proprietary child-placing agencies, profit allowed on an annual basis is the smaller amount determined under the following 2 methods of calculating profit:

The equity method is the sum of 7.5 percent of allowable operating costs plus 15 percent of average net equity for the year. In this subdivision, “average net equity” means the average cost of equipment, buildings, land, and fixed equipment minus the average accumulated depreciation and average long term liabilities for the year.
The expenses method is 10 percent of allowable operating costs for the year.

History

EmR1106: emerg. cr., eff. 9-16-11; CR 11-026: cr. Register December 2011 No. 672, eff. 1-1-12; CR 20-003: am. (1), (2) (a) Register July 2020 No. 775, eff. 8-1-20.

Wis. Admin. Code § DCF 54.09 Rate methodology {#sec-dcf-54.09 omnilex-key=us-wi-regs-official--agency-dcf--DCF 54.09}

(1) Cost And service information. Each year by July 1, a licensee shall submit the following information to the department:

(a) A cost and service report in which the licensee reports the child-placing agency’s costs, types of services provided, and number of children served in the previous year for services provided for foster homes with a Level 3 or 4 certification. The report shall be submitted on a department-prescribed form.

Note: The cost and service report form is available on the department website, http://dcf.wisconsin.gov, by clicking on foster care and adoption/child welfare licensing/rate regulation.

(b) The child-placing agency’s most recent audit report under s. DCF 54.06 (8) (a).

(2) Maximum allowable rate. Each year no later than September 1, the department shall notify licensees of the per client administrative rate that no child-placing agency may exceed for services provided in the following calendar year.

(3) Proposed rates.

(a) Each year no later than October 1, a licensee shall submit to the department a proposed rate for the following calendar year for each child-placing agency program that the licensee operates. The licensee shall submit the proposed rate on a department-prescribed form.

Note: The rate request form is available at https://dcf.wisconsin.gov/ratereg.

(4) Review of a proposed rate. In reviewing a proposed rate submitted by a licensee under sub. (3), the department shall consider all of the following:

(a) Whether the proposed rate exceeds the maximum rate determined by the department under sub. (2).

(b) The child-placing agency’s most recent cost and service report under sub. (1) (a).

(d) Whether the child-placing agency’s reported costs are within a range of similar costs reported by other child-placing agencies for similar items and services.

(e) The child-placing agency’s per client administrative rate in previous years.

(h) Changes in the allowable costs of child-placing agencies based on current actual cost data or documented projections of costs.

(i) Changes in program utilization that affect the per client administrative rate.

(j) Changes in the department’s expectations relating to service delivery.

(k) Changes in service delivery proposed by a child-placing agency and agreed to by the department.

(L) The loss of any source of revenue that had been used to pay expenses, resulting in a lower per client administrative rate for services.

(m) Whether the child-placing agency is accredited by a national accrediting body that has developed child welfare standards.

(o) Competitive factors.

(p) The availability of funding to pay for the services to be provided under the proposed rate.

(5) Rate approval.

(a) Each year no later than November 1, the department shall notify each licensee that submitted all information as required under subs. (1) and (3) of the maximum approved per client administrative rate for the child-placing agency for the following year.

Note: The notification will be sent to the electronic mail address that the licensee has provided to the department.

(b) If the department determines that a proposed rate submitted under sub. (3) is appropriate based on the factors in sub. (4), the department shall approve the proposed rate.

(6) Noncompliance. If a licensee does not submit all information as required under subs. (1) and (3), the department may impose sanctions and penalties under s. DCF 54.02 (3m) and s. 48.715, Stats., including license revocation.

History

EmR1106: emerg. cr., eff. 9-16-11; CR 11-026: cr. Register December 2011 No. 672, eff. 1-1-12.

Wis. Admin. Code § DCF 54.10 Rate resolution {#sec-dcf-54.10 omnilex-key=us-wi-regs-official--agency-dcf--DCF 54.10}

(1) Mediation.

(a) If a licensee has negotiated with the department under s. DCF 54.09 (5) (c) and does not agree to the department’s approved rate under s. DCF 54.09 (5) (a), the licensee may request that the department and the licensee engage in mediation. A licensee shall send a request for mediation within 5 business days after the date of the notice in s. DCF 54.09 (5) (a). The request shall be sent by electronic mail to an address specified by the department.

Note: Requests for mediation should be sent to DCFCWLRateReg@wisconsin.gov.

(b) The department shall notify the licensee of the date of the mediation no later than 10 working days after receiving a request under par. (a).

(2) Order a rate. If after mediation a rate is not agreed to, the department shall order a rate after considering the factors in s. DCF 54.09 (4) and relevant information presented during negotiation and mediation.

(3) Contested rate.

Note: Requests for hearing may be sent to the Division of Hearings and Appeals, PO Box 7875, Madison, WI 53707.

(b) The basis for a request for hearing shall be limited to the factors in s. DCF 54.09 (4).

(c) The division of hearings and appeals shall notify the parties in writing at least 10 days before the hearing of the date, time, and location of the hearing and the procedures to be followed.

History

EmR1106: emerg. cr., eff. 9-16-11; CR 11-026: cr. Register December 2011 No. 672, eff. 1-1-12.

Wis. Admin. Code § DCF 54.11 Extraordinary payments {#sec-dcf-54.11 omnilex-key=us-wi-regs-official--agency-dcf--DCF 54.11}

(1) A licensee may request that a Wisconsin public purchaser pay an extraordinary payment in addition to the rate established under ss. DCF 54.07 to 54.10 for a specific child in care.

(2) A licensee may request and a Wisconsin public purchaser may approve a child-specific extraordinary payment if all of the following conditions are met:

(a) The child has service needs that are not accounted for in the maximum per client administrative rate for the child-placing agency as determined under s. DCF 54.09 (5) or 54.10, as applicable.

(b) The child’s service needs are not paid for by another source.

(a) Name of the child-placing agency, licensee, and any authorized representative.

(b) Name of the child for whom an extraordinary payment is being requested.

(d) A rationale for the request that includes all of the following:

An explanation of the child’s service needs.
The amount of money that the child-placing agency is currently spending to address the child’s needs.
Any services that are not being provided due to economic constraints.
Documentation of the need for additional services by a person with expertise in the child’s type of needs.
How additional dollars would be allocated and the means by which additional services would be provided.

Note: An extraordinary payment request form is available at https://dcf.wisconsin.gov/ratereg.

(4) The Wisconsin public purchaser shall approve or deny the request or recommend an alternative to meet the child’s needs and shall notify the licensee of the determination within 10 working days after receipt of the request form. The Wisconsin public purchaser shall send a copy of the licensee request, the signed and dated determination, and the justification for the determination to the department within 20 days of the approval or non-approval of the request.

Note: Send the required information to the Department of Children and Families, Division of Safety and Permanence, Extraordinary Payments Panel, 201 W. Washington Avenue, P.O. Box 8916, Madison WI 53708-8916.

(5) A licensee may not appeal the denial of a request for an extraordinary payment under this section.

History

EmR1106: emerg. cr., eff. 9-16-11; CR 11-026: cr. Register December 2011 No. 672, eff. 1-1-12.

Wis. Admin. Code § DCF 54.12 Advisory committee {#sec-dcf-54.12 omnilex-key=us-wi-regs-official--agency-dcf--DCF 54.12}

The department shall convene the rate regulation advisory committee under s. 49.343 (5), Stats., at regular intervals to consult with the department on items in s. 49.343 (5) (a) to (c), Stats.

History

EmR1106: emerg. cr., eff. 9-16-11; CR 11-026: cr. Register December 2011 No. 672, eff. 1-1-12.

Chapter DCF 54 Appendix A FIELD OFFICES OF THE DEPARTMENT OF CHILDREN AND FAMILIES

Wis. Admin. Code § Chapter DCF 54 FIELD OFFICES OF THE DEPARTMENT OF CHILDREN AND FAMILIES {#sec-chapter-dcf-54 omnilex-key=us-wi-regs-official--agency-dcf--Chapter DCF 54}

The Department of Children and Families licenses child-placing agencies through field offices. The addresses and phone numbers of the field offices are below.

Central Office

(Madison)

201 W. Washington Ave.

Madison, WI 53703

(608) 422-6936

Northeastern Office

(Green Bay)

200 North Jefferson Street, Suite 411

Green Bay, WI 54301

(920) 785-7826

Southeastern Office

(Waukesha)

141 N.W. Barstow Street, Room 104

Waukesha, WI 53188

(262) 446-7864

Western Office

(Eau Claire)

610 Gibson Street, Suite #2

Eau Claire, WI 54701

(715) 930-1133

Chapter DCF 55 SUBSIDIZED GUARDIANSHIP

Wis. Admin. Code § DCF 55.01 Authority and purpose {#sec-dcf-55.01 omnilex-key=us-wi-regs-official--agency-dcf--DCF 55.01}

This chapter specifies procedures for agencies to provide subsidized guardianship payments under s. 48.623, Stats., or a subsidized guardianship agreement entered into under s. 48.62 (5), 2009 Stats., to support legal permanence for care of children in any of the following:

(1) A guardianship under s. 48.977, Stats.

(2) A guardianship under a tribal court order that is substantially similar to an order under s. 48.977, Stats., and as provided for in an agreement that includes the purpose of making subsidized guardianship payments to a guardian of an Indian child and that is made between the governing body of a tribe and a county or, in a county having a population of 750,000 or more or in the circumstances specified in s. 48.43 (7) (a) or 48.485 (1), Stats., between the governing body of a tribe and the department.

(3) A guardianship under a tribal court order that is substantially similar to an order under s. 48.977, Stats., and as provided for in an agreement that is made between the governing body of a tribe and the department and that allows the tribe to administer subsidized guardianships.

Note: Before July 1, 2011, the Bureau of Milwaukee Child Welfare administered a subsidized guardianship demonstration project that was authorized by a federal waiver and s. 48.62 (5), 2009 Stats.

History

CR: 12-045: cr. Register May 2013 No. 689, eff. 6-1-13; CR 24-007: am. (1), (2), cr. (3) Register July 2024 No. 823, eff. 8-1-24.

Wis. Admin. Code § DCF 55.02 Definitions {#sec-dcf-55.02 omnilex-key=us-wi-regs-official--agency-dcf--DCF 55.02}

In this chapter:

(1g) “Adoption” includes customary adoption, where applicable, according to tribal law or custom.

(1r) “Agency” means a county department of social services under s. 46.22, Stats.; a county department of human services under s. 46.23, Stats.; a tribal child welfare agency; or, in a county having a population of 750,000 or more or in the circumstances specified in s. 48.43 (7) (a) or 48.485 (1), Stats., the department.

(2) “Background information disclosure” means the form prescribed by the department on which a person provides information for purposes of the background check under s. 48.685, Stats.

Note: Form DCF-F-2978-E, Background Information Disclosure, is available in the forms section of the department website, https://dcf.wisconsin.gov, or by writing to the Division of Safety and Permanence, P.O. Box 8916, Madison WI 53708-8916.

(3) “Child” means a person less than 18 years of age, except as provided in s. DCF 55.10 (4).

(3m) “County department” means a county department of social services under s. 46.22, Stats., or a county department of human services under s. 46.23, Stats.

(4) “Department” means the department of children and families.

(5) “Division of hearings and appeals” means a division in the department of administration.

(5g) “Fictive kin” means a person who has a significant emotional relationship with the child or the child’s family and to whom any of the following applies:

(a) Prior to the child’s placement in out-of-home care, the person had an existing relationship with the child or the child’s family that is similar to a familial relationship.

(b) During the child’s placement in out-of-home care, the person developed a relationship with the child or the child’s family that is similar to a familial relationship and all of the following apply:

The person is a foster parent who has had a relationship with the child for at least 2 years.
The child is 14 years of age or older.
The child has been placed in out-of-home care for 15 out of the last 22 months.
The agency or court determines that placement with a fit and willing relative is not in the child’s best interest.

(5m) “Final substantiated finding” means all of the following:

(b) A determination made before January 1, 2015, that a person has abused or neglected a child under s. 48.981 (3) (c) 4., Stats., if the determination has not been reversed or modified on appeal.

(5s) “Indian tribe” has the meaning given in s. 48.02 (8r), Stats.

(6) “Interim caretaker” means a person seeking or receiving payments under s. 48.623 (6) (am), Stats.

(8) “Nonclient resident” has the same meaning as in s. DCF 12.02 (18).

(9) “Out-of-home care” for the purpose of sub. (5g) means physical custody of a child or juvenile under any of the following paragraphs:

(a) Sections 48.205 (1), 48.207, 48.208, 48.209, 48.21, 48.32, 48.345, 48.357, 48.363, or 48.365, Stats., or a substantially similar tribal law.

(b) Sections 938.205 (1), 938.207, 938.208, 938.209, 938.21, 938.32, 938.345, 938.357, 938.363, or 938.365, Stats., or a substantially similar tribal law.

(10) “Permanency plan” has the same meaning as in ss. 48.38 (1) (b) and 938.38 (1) (b), Stats.

Note: Sections 48.38 (1) and 938.38 (1) (b) provide that “permanency plan” means “a plan designed to ensure that a child is reunified with the child’s family whenever appropriate, or that the child quickly attains a placement or home providing long-term stability.”

(11) “Relative” has the meaning given in s. 48.02 (15), Stats., except that it does not include a parent.

(12) “Subsidized guardianship payment” means a payment pursuant to an agreement between an agency and a guardian entered into under s. 48.623, Stats., or s. 48.62 (5), 2009 Stats.

(13) “Supplemental payment” means the portion of a subsidized guardianship payment that is based on a child’s identified needs.

(14) “Tribe” means an Indian tribe located in Wisconsin.

(15) “Tribal private guardianship order” means a guardianship order of a tribal court that is granted under a tribal law that is substantially similar to s. 48.9795, Stats.

History

CR: 12-045: cr. Register May 2013 No. 689, eff. 6-1-13; CR 16-014: cr. (5m), am. (8) Register June 2016 No. 726, eff. 7-1-16; EmR1632: emerg. am. (3), (6), renum. (7) to (7) (intro.), (a) and am., cr. (7) (b), r. and recr. (11), eff. 11-18-16; CR 16-048: am. (3), (6), renum. (7) to (7) (intro.), (a) and am., cr. (7) (b), r. and recr. (11) Register April 2017 No. 736, eff. 5-1-17; CR 21-107: am. (2), (5m) (b) Register June 2022 No. 798, eff. 7-1-22; CR 24-007: renum. (1) to (1r) and am., cr. (1g), (3m), (5s), renum. (7) to (5g) and, as renumbered, am. (5g) (intro.), am. (9) (a) to (c), cr. (14), (15) Register July 2024 No. 823, eff. 8-1-24; correction in (9) made under s. 13.92 (4) (b) 7., Stats., Register July 2024 No. 823; EmR2420: emerg. am. (11), eff. 1-1-25; CR 25-009: am. (11) Register August 2025 No. 836, eff. 9-1-25.

Wis. Admin. Code § DCF 55.03 Eligibility {#sec-dcf-55.03 omnilex-key=us-wi-regs-official--agency-dcf--DCF 55.03}

(1) Child and guardian. An agency shall provide monthly subsidized guardianship payments to a guardian of a child under s. 48.977 (2), Stats., or under a tribal court order that is substantially similar to an order under s. 48.977, Stats., and an agreement specified in s. DCF 55.01 (2) or (3), if the agency determines that all of the following apply:

(a) The child meets all of the following conditions:

The child has been removed from the child’s home under any of the following:

a. A voluntary agreement under s. 48.63, Stats., or a substantially similar tribal law.

b. A Wisconsin court order or a substantially similar tribal court order containing a finding that continued placement of the child in the child’s home would be contrary to the welfare of the child.

The child has been residing in the home of the prospective guardian for not less than 6 consecutive months immediately before guardianship is established.
Adoption of the child or return of the child to the child’s home is not in the child’s best interests.
The child demonstrates a strong attachment to the guardian.
If the child is 14 years of age or over, the child has been consulted regarding the guardianship arrangement.

(b) The guardian meets all of the following conditions:

The guardian is a relative of the child or fictive kin to the child.
The guardian has a strong commitment to caring permanently for the child.
For not less than 6 consecutive months immediately before being named as the guardian of the child, the prospective guardian has been licensed as a foster parent and the prospective guardian and all nonclient residents in the guardian’s home have met the background check requirements specified in s. 48.685, Stats., and ss. DCF 56.05 (1) (f) and 56.055, or, for a background investigation conducted by a tribal child welfare agency, all adults residing in the guardian’s home have met either the requirements specified in s. 48.685, Stats., or the background check requirements for foster parent licensing under 42 USC 671 (a) (20).
Before being named as the guardian of the child, the prospective guardian entered into a subsidized guardianship agreement with the agency under s. DCF 55.06.

(c) An order under s. 48.345, 48.357, 48.363, 48.365, 938.345, 938.357, 938.363, or 938.365, Stats., or a substantially similar tribal court order placing the child, or continuing the placement of the child, outside of the child’s home has been terminated, or any proceeding in which the child has been adjudged to be in need of protection or services specified in s. 48.977 (2) (a), Stats., has been dismissed as provided in s. 48.977 (3r) (a), Stats., or a substantially similar proceeding under tribal law has been dismissed.

(d) If a county department or the department knows or has reason to know that the child is an Indian child, the Indian child’s parent, Indian custodian, and tribe have been provided with notice of the child’s placement in the home of the guardian under s. 48.977 (4) (c) 2m., Stats., and the court has found under s. 48.977 (4) (g) 4., Stats., that the home of the guardian is in compliance with the order of placement preference under s. 48.028 (7) (b), Stats., or, if applicable, s. 48.028 (7) (c), Stats., unless the court found good cause, as described in s. 48.028 (7) (e), Stats., for departing from that order.

(2) Siblings. An agency shall also provide subsidized guardianship payments for the care of a sibling of a child who meets the conditions under sub. (1) (a), regardless of whether the sibling meets these conditions if the agency and the guardian agree on the appropriateness of placing the sibling in the home of the guardian.

History

CR: 12-045: cr. Register May 2013 No. 689, eff. 6-1-13; CR 16-014: am. (1) (b) 3. Register June 2016 No. 726, eff. 7-1-16; EmR1632: emerg. am. (1) (c), eff. 11-18-16; CR 16-048: am. (1) (c) Register April 2017 No. 736, eff. 5-1-17: CR 21-107: am. (1) (a) 1. (intro.), b., 3. Register June 2022 No. 798, eff. 7-1-22; correction in (1) (b) 3. made under s. 35.17, Stats., Register June 2022 No. 798; CR 24-007: am. (1) (intro.), (a) 1. a., b., (b) 1., 3., (c), (d) Register July 2024 No. 823, eff. 8-1-24.

Wis. Admin. Code § DCF 55.04 Procedure to inform prospective guardians {#sec-dcf-55.04 omnilex-key=us-wi-regs-official--agency-dcf--DCF 55.04}

(1) An agency shall explain to each foster parent who is a relative of or fictive kin to a foster child for whom the foster parent is providing care and maintenance the foster parent’s eligibility for services and the expectations involved with the following permanency options for the child:

(a) Adoption with adoption assistance under s. 48.975, Stats., and ch. DCF 50.

(b) Guardianship under s. 48.977, Stats., or under a tribal court order that is substantially similar to an order under s. 48.977, Stats., with subsidized guardianship payments under s. 48.623, Stats., and this chapter.

(c) Guardianship under s. 48.977, Stats., or under a tribal court order that is substantially similar to an order under s. 48.977, Stats., with long-term kinship care payments under s. 48.57 (3n), Stats., and ch. DCF 58.

(d) Guardianship under s. 48.9795, Stats., or under a tribal private guardianship order.

(2) A county department or the department shall use a form prescribed by the department to explain the permanency options under sub. (1), and the relative or fictive kin foster parent shall sign the form acknowledging that the options have been explained to the foster parent following the explanation. The county department or department shall retain a signed copy of the form and attach the signed form to the subsidized guardianship agreement under s. DCF 55.06 if the relative or fictive kin foster parent decides to pursue subsidized guardianship for the child.

Note: Form DCF-F-CFS2797, Permanency Options in Brief, is available in the forms section of the department website, https://dcf.wisconsin.gov or by writing to the Division of Safety and Permanence, P.O. Box 8916, Madison WI 53708-8916.

History

CR: 12-045: cr. Register May 2013 No. 689, eff. 6-1-13; correction in (1) (d) made under s. 13.92 (4) (b) 7., Stats., Register September 2020 No. 777; CR 21-107: am. (1) (intro.), (2) Register June 2022 No. 798, eff. 7-1-22; CR 24-007: am. (1) (intro.), (b) to (d), (2) Register July 2024 No. 823, eff. 8-1-24.

Wis. Admin. Code § DCF 55.05 Eligibility determination and documentation {#sec-dcf-55.05 omnilex-key=us-wi-regs-official--agency-dcf--DCF 55.05}

(1) For a child whose permanency goal will include placement with a guardian and the receipt of subsidized guardianship payments, an agency shall provide a description of all of the following on a form prescribed by the department:

(a) The efforts that the agency has made to return the child to the child’s home and the reasons the agency has determined that return to the home is not in the child’s best interests.

(b) The steps the agency has taken to determine that adoption is not in the child’s best interests and the reasons why adoption is not being pursued, including the efforts the agency has made to discuss adoption by the prospective guardian as a more permanent alternative to guardianship and documentation of the reasons the prospective guardian has chosen not to pursue adoption.

(c) Reasons a permanent placement with a subsidized guardianship arrangement is in the child’s best interests, including the ability of the prospective guardian to manage the child’s relationship with the child’s parents.

(d) If the child is an Indian child, a county department or the department includes a description of how the guardianship meets the requirements for placement preferences under s. 48.028 (7) (b), Stats., or if applicable, s. 48.028 (7) (c), Stats., unless good cause is determined under s. 48.028 (7) (e), Stats.

(e) The ways in which the eligibility requirements for subsidized guardianship payments under s. DCF 55.03 are met.

(f) Reasons for any separation of siblings during the placement with the guardian.

(g) The efforts made by the agency to discuss the subsidized guardianship arrangement with the child’s parents or reasons why efforts were not made.

Note: Form DCF-F-2691, Subsidized Guardianship Eligibility Determination and Permanency Plan Addendum, is available in eWiSACWIS, the child welfare automation system, or by writing to the Division of Safety and Permanence, P.O. Box 8916, Madison WI 53708-8916.

(2) A county department or the department shall enter the completed form under sub. (1) in the child’s permanency plan and submit the form to the court with the court report under s. 48.977 (4) (e), Stats. A tribal child welfare agency shall submit the completed form under sub. (1) and the court report to the court that will be issuing the guardianship order.

(3) If a person submits to the agency a written request for a determination of eligibility for subsidized guardianship payments, the agency shall provide a written determination of eligibility to the person no later than 30 days after receiving the request. The determination shall include a notice of the person’s right to appeal the agency determination under s. DCF 55.11.

History

CR: 12-045: cr. Register May 2013 No. 689, eff. 6-1-13; CR 21-107: am. (1) (a), (c) Register June 2022 No. 798, eff. 7-1-22; CR 24-007: am. (title), (1) (intro.), (d), (2) Register July 2024 No. 823, eff. 8-1-24.

Wis. Admin. Code § DCF 55.06 Subsidized guardianship agreement {#sec-dcf-55.06 omnilex-key=us-wi-regs-official--agency-dcf--DCF 55.06}

(1) An agency shall enter into a written, signed subsidized guardianship agreement with a prospective guardian before guardianship is established under s. 48.977, Stats., or under a tribal court order that is substantially similar to an order under s. 48.977, Stats., and an agreement specified in s. DCF 55.01 (2) or (3), and before providing subsidized guardianship payments to the guardian. The agency shall provide the prospective guardian with a copy of the signed agreement.

(2) The subsidized guardianship agreement shall be on a form prescribed by the department and specify all of the following:

(a) The amount of the monthly subsidized guardianship payments that will be provided under the agreement.

(b) The manner in which subsidized guardianship payments may be adjusted periodically based on the circumstances of the guardian and needs of the child, in consultation with the guardian.

(c) A description of any additional services and assistance that the child or guardian will be eligible for under the agreement and the procedures by which the guardian may apply for the additional services and assistance as needed.

(d) That the agency will pay or reimburse the total cost of nonrecurring expenses directly related to obtaining guardianship of the child, not to exceed $2,000, including court costs, attorney fees, and other reasonable and necessary expenses.

(e) That the agreement will remain in effect without regard to the state of residence of the guardian.

(f) That medical assistance provided under Title XIX of the Social Security Act of 1935, as amended, is available to the child as follows:

Medical assistance will be provided in accordance with the procedures of the state in which the child resides, except if a child receiving subsidized guardianship payments from an agency in Wisconsin is not eligible for medical assistance in the child’s state of residence, the child is eligible for Wisconsin’s medical assistance program under ss. 49.43 to 49.497, Stats.
Medical assistance may not be used as primary insurance coverage for care of a child that is covered by a guardian’s private health insurance.

(g) The agency’s responsibility to release medical, educational, and other historical information the agency has about the child to the prospective guardian, in accordance with applicable law.

(h) That if any of the following occur, the guardian shall notify the agency within 10 calendar days of the effective date:

The guardian’s address changes.
There is a change in the child’s guardian.
The child enters the military.
The child gets married.
The child is no longer living in the home of the guardian.
The child is deceased.
The child completes high school or an equivalent educational program after reaching 18 years of age.
If the child is covered by the guardian’s health insurance and the guardian’s health insurance benefits change or if the child was not covered by the guardian’s health insurance and becomes covered.
The guardian is no longer supporting the child or is no longer legally responsible for supporting the child.
The child is placed outside the guardian’s home at public expense.
The child’s parent is residing with the guardian.

(i) The guardian’s responsibility to complete and return to the agency the annual review questionnaire under s. DCF 55.10 (3) in a timely manner to allow the agency to determine whether the child and guardian remain eligible for subsidized guardianship payments.

(j) A description of the terms upon which the subsidized guardianship agreement may terminate under s. DCF 55.10 (5) (bm) 2.

(k) That an agency may recover any overpayment of subsidized guardianship payments from a current or former guardian by any legal means as determined by the agency. An overpayment to a guardian who continues to receive subsidized guardianship payments may be recovered by reducing the amount of the person’s monthly payment.

(L) That the guardian may be eligible for adoption assistance under s. 48.975, Stats., and 42 USC 673 for care of the child if the guardian later decides to adopt the child. In determining eligibility for adoption assistance, the placement of the child in the home of the guardian and any subsidized guardianship payments will be considered to have never been made.

(m) That the guardian may name a prospective successor guardian of the child to assume the duty and authority of guardianship upon the death or incapacity of the guardian. The prospective successor guardian would be eligible for monthly subsidized guardianship payments only if the conditions specified in s. 48.623 (6) (bm), Stats., and s. DCF 55.125 are met and the court appoints the successor guardian to assume the duty and authority of guardianship under s. 48.977 (5m), Stats., or under a tribal court order that is substantially similar to an order under s. 48.977, Stats., and an agreement specified in s. DCF 55.01 (2) or (3).

(3) An agency shall use a form prescribed by the department to amend a subsidized guardianship agreement with a guardian to include a prospective successor guardian.

Note: Form DCF-F-CFS2365, Subsidized Guardianship Agreement, is available in eWiSACWIS, the child welfare automation system, or by writing to the Division of Safety and Permanence, P.O. Box 8916, Madison WI 53708-8916.

Note: Form DCF-F-5038-E, Amended Subsidized Guardianship Agreement to Include Successor Guardian, is available in the forms section of the department website, http://dcf.wisconsin.gov, or by writing to the Division of Safety and Permanence, P.O. Box 8916, Madison, WI 53708-8916.

History

CR: 12-045: cr. Register May 2013 No. 689, eff. 6-1-13; EmR1632: emerg. cr. (2) (h) 11., (m), (3), eff. 11-18-16; CR 16-048: cr. (2) (h) 11., (m), (3) Register April 2017 No. 736, eff. 5-1-17; correction in (2) (j) made under s. 13.92 (4) (b) 7., Stats., Register April 2017 No. 73; CR 24-007: am. (1), (2) (f) 2., (m) Register July 2024 No. 823, eff. 8-1-24.

Wis. Admin. Code § DCF 55.07 Amount of monthly payment {#sec-dcf-55.07 omnilex-key=us-wi-regs-official--agency-dcf--DCF 55.07}

(1) Amount in agreement. The amount of a subsidized guardianship payment shall be the amount in the initial subsidized guardianship agreement under s. DCF 55.06 or as adjusted by an amendment to the subsidized guardianship agreement signed by both the guardian and the agency under s. DCF 55.08.

(2) Initial amount.

(a)

The monthly subsidized guardianship payment amount in an initial subsidized guardianship agreement entered into on or after July 1, 2011, shall equal the amount of the monthly foster care payment received by the prospective guardian for the care of the child under s. DCF 56.23 in the month immediately preceding the month in which the guardianship is ordered.
Notwithstanding subd. 1., the monthly subsidized guardianship payment amount may be less than the amount under subd. 1. if agreed to by the prospective guardian and specified in the subsidized guardianship agreement under s. DCF 55.06.

(b) The supplemental payment amount based on the child’s identified needs and included in the initial subsidized guardianship agreement shall be determined under s. DCF 56.23 (2) (a) if the child has needs that have been identified as moderate or intensive in the areas listed in s. DCF 56.23 (2) (a) 1. a. to e.

Note: Under s. 48.62 (4), Stats., and s. DCF 56.23 (1) (c), no supplemental payment may be paid to a foster parent who operates a Level 1 foster home.

(3) Adjustment of monthly payment.

(a) The amount of a monthly payment to a guardian may be adjusted periodically based on the circumstances of the guardian and the needs of the child under s. DCF 55.08, in consultation with the guardian.

(b) Notwithstanding par. (a), the amount of a monthly subsidized guardianship payment to a guardian may not be adjusted under s. DCF 55.08 if the prospective guardian’s foster home was certified at Level 1 under s. DCF 56.13 (3) on the date that the prospective guardian signed the subsidized guardianship agreement under s. DCF 55.06.

Note: The adjustment of a monthly payment is an adjustment to the supplemental payment, which a guardian is not eligible to receive if the guardian’s foster home was certified at Level 1.

History

CR: 12-045: cr. Register May 2013 No. 689, eff. 6-1-13.

Wis. Admin. Code § DCF 55.08 Amendment to adjust payment amount {#sec-dcf-55.08 omnilex-key=us-wi-regs-official--agency-dcf--DCF 55.08}

(1) Substantial change in circumstances. In this section, “substantial change in circumstances” means that a documented change has occurred regarding the child in one or more areas of identified needs, including physical, behavioral, or emotional needs, that would result in a change in a supplemental payment determined under one of the following:

(a) For a subsidized guardianship agreement entered into before July 1, 2011, under s. 48.62 (5), 2009 Stats., the amount determined under s. DCF 55.09.

(b) For a subsidized guardianship agreement entered into on or after July 1, 2011, under s. 48.623, Stats., the amount determined under s. DCF 56.23 (2) (a) if the child has needs that have been identified as moderate or intensive in the areas listed in s. DCF 56.23 (2) (a) 1. a. to e.

Note: Under s. DCF 55.07 (3) (b), a guardian who was a foster parent who operated a Level 1 foster home on the date that the subsidized guardianship agreement was signed is not eligible for an amendment to adjust the subsidized guardianship payment amount.

(2) Timing of request. A guardian who is receiving monthly subsidized guardianship payments pursuant to an initial or amended subsidized guardianship agreement may request that the agreement be amended to increase the amount of those payments if the guardian believes that there has been a substantial change in circumstances and the timing of the request is any of the following:

(a) Not less than 12 months after any of the following occurred:

The guardianship was established under s. 48.977, Stats., or under a tribal court order that is substantially similar to an order under s. 48.977, Stats., and an agreement specified in s. DCF 55.01 (2) or (3).
A previous request for an amendment to the subsidized guardianship agreement was denied.

(b) Within 120 days before the expiration date of an amendment to the subsidized guardianship agreement.

(3) Guardian request. To request an amendment to the subsidized guardianship agreement, the guardian shall do all of the following:

(a) Complete and return the request for subsidized guardianship amendment form prescribed by the department to document the guardian’s observations of the child’s physical, behavioral, and emotional needs.

Note: When a guardian contacts the agency about a possible amendment, the agency sends the guardian at least 2 sets of the applicable forms. The forms are available in the forms section of the department website, https://dcf.wisconsin.gov, or by writing to the Division of Safety and Permanence, P.O. Box 8916, Madison WI 53708-8916.

For a subsidized guardianship agreement entered into before July 1, 2011, the agency sends all of the following forms:

DCF-F-2813-E, Subsidized Guardianship Amendment Request —Established Before July 1, 2011.

DCF-F-2783-E, Subsidized Guardianship Amendment Request —Confirmation of Needs Behavioral Characteristics.

DCF-F-2784-E, Subsidized Guardianship Amendment Request — Confirmation of Needs Physical/Personal Care Characteristics.

DCF-F-2785-E, Subsidized Guardianship Amendment Request — Confirmation of Needs Emotional Characteristics.

For a subsidized guardianship agreement entered into on or after July 1, 2011, the agency sends all of the following forms that apply to the child’s age:

DCF-F-2781-E, Subsidized Guardianship Amendment Request — Complete Documentation Request.

DCF-F-2867-E, Subsidized Guardianship Amendment Request — Age Birth to 5 Child and Adolescent Needs and Strengths (CANS) Version.

DCF-F-2868-E, Subsidized Guardianship Amendment Request — Age 5 to 17 Child and Adolescent Needs and Strengths (CANS) Version.

DCF-F-2869-E Subsidized Guardianship Amendment Request — Confirmation of Needs Emotional Characteristics (Age Birth to 5).

DCF-F-2870-E, Subsidized Guardianship Amendment Request — Confirmation of Needs Emotional Characteristics (Age 5 to 17).

DCF-F-2871-E, Subsidized Guardianship Amendment Request — Confirmation of Needs Behavioral Characteristics (Age Birth to 5).

DCF-F-2872-E, Subsidized Guardianship Amendment Request — Confirmation of Needs Behavioral Characteristics (Age 5 to 17).

DCF-F-2873-E, Subsidized Guardianship Amendment Request — Confirmation of Needs Physical/Personal Care Characteristics (Age Birth to 5).

DCF-F-2874-E, Subsidized Guardianship Amendment Request — Confirmation of Needs Behavioral Characteristics (Age 5 to 17).

The guardian completes and returns to the agency the forms that apply to the child’s needs.

(b) Submit documentation by appropriate professionals regarding the child’s current needs to the agency with the amendment request. The documentation shall be on a form prescribed by the department and dated not more than 6 months before the request.

Note: The professionals complete the same forms as the guardian under par. (a).

(c) If requested by the agency, provide additional information about the child’s current functioning no later than 90 days following the agency request.

(d) If requested by the agency, have the child evaluated by a specialist of the agency’s choice and at the agency’s expense and submit documentation requested by the agency no later than 90 days following the agency request, or by a date agreed to by the agency.

(e) If the guardian accepts the adjusted payment amount offered by the agency, sign and return the amendment to the agency.

(4) Agency response. If an agency receives a guardian’s request to amend a subsidized guardianship agreement under sub. (3), the agency shall do all of the following:

(a) No later than 45 days following receipt of a guardian’s request, make a decision on the request from the information submitted by the guardian under sub. (3) (a) and (b) or determine that additional information is needed to make a decision. If the agency determines that additional information is needed, the agency may do any of the following:

Obtain technical assistance from a specialist.
Request that the guardian have the child evaluated by a specialist of the agency’s choice and at the agency’s expense.
Request more information about the child’s current functioning from the guardian.

(b) If the agency requests more information under par. (a), make a decision on the guardian’s request no later than 30 days following receipt of the additional information.

A final substantiated finding has been made that the guardian abused or neglected a child.
A finding that is comparable to a final substantiated finding has been made in any other jurisdiction where the guardian has resided.

(d) If the agency determines that there has been a substantial change in circumstances that establishes that the child has an increase in needs in one or more categories of the supplemental payment schedule and there is no substantiated report of abuse or neglect of the child by the guardian, offer to increase the amount of the subsidized guardianship payment.

(e) Determine the new monthly subsidized guardianship payment amount based on all of the following:

The foster care basic maintenance and exceptional payment amounts that were included in the initial subsidized guardianship agreement.

Note: The basic maintenance payment was the amount provided under s. 48.62 (4), Stats., when the subsidized guardianship agreement was signed. The exceptional payment amount was determined under s. DCF 56.23 (3) for a subsidized guardianship agreement entered into on or after July 1, 2011, and the version of s. DCF 56.11 (4) that was repealed in 2011 for a subsidized guardianship agreement entered into before July 1, 2011.

An adjusted supplemental payment calculated under one of the following:

a. For a subsidized guardianship agreement entered into before July 1, 2011, under s. 48.62 (5), 2009 Stats., the rate determined under s. DCF 55.09.

b. For a subsidized guardianship agreement entered into on or after July 1, 2011, under s. 48.623, Stats., the rate determined under s. DCF 56.23 (2) (a) if the child has needs that have been identified as moderate or intensive in the areas listed in s. DCF 56.23 (2) (a) 1. a. to e.

If the level of points in an established supplemental payment category in s. DCF 55.09 or 56.23 (2) (a) 1. a. to e. is at the highest number of points in an intensive level of need category, no increase in payment may be offered in that category.

(f) Provide the guardian with written notice of the agency decision on the guardian’s request by the deadline in par. (a) or (b). The notice shall be on a form prescribed by the department and shall include information on the guardian’s right to appeal the agency decision under s. DCF 55.11. A guardian may appeal the agency’s denial of a request for an increase of the monthly subsidized guardianship payment amount or the amount that the agency offers to increase the payment amount.

Note: Form DCF-F-2756-E, Notice of Approval for Amendment for Subsidized Guardianship, and form DCF-F-2765-E, Notice of Denial for Amendment for Subsidized Guardianship, are available in eWiSACWIS, the child welfare automation system, or by writing to the Division of Safety and Permanence, P.O. Box 8916, Madison WI 53708-8916.

(g) If an agency offers to increase the monthly subsidized guardianship payment amount and the guardian accepts the amount that the agency offers, the agency and the guardian shall sign an amendment to the subsidized guardianship agreement that specifies the new monthly payment amount and the time period that the amendment will be effective. An amendment to a subsidized guardianship agreement may not be effective for more than one year. The amendment shall be on a form prescribed by the department.

Note: Form DCF-F-2756-E, Notice of Approval for Amendment for Subsidized Guardianship and Amended Agreement, is available in eWiSACWIS, the child welfare automation system, or by writing to the Division of Safety and Permanence, P.O. Box 8916, Madison WI 53708-8916.

(h) An amendment to a subsidized guardianship agreement shall be effective as follows:

The first amendment to a subsidized guardianship agreement is effective the first day of the month following the date that the agency receives the amendment signed by the guardian and the agency.
An amendment after the first amendment is effective the first day of the month following the date that both of the following have occurred:

a. The date that the agency receives the amendment signed by the guardian and the agency.

b. The date that a previous amendment has expired.

(5) Review of amendment.

(a) At least 120 days before the expiration of an amendment to a subsidized guardianship agreement, the agency shall send written notice to the guardian on a form prescribed by the department. The notice shall include the expiration date of the amendment and information on requesting continuation of the payment amount in the amendment.

Note: The agency determines which form to send based on the type of documentation that the guardian must submit under par. (c). See the notes in par. (c) for information on the required notices. In years that complete documentation is required under par. (c) 2., the agency sends to the guardian at least 2 sets of applicable forms for the guardian and appropriate professionals to complete.

(b)

If a guardian’s request for continuation of the payment amount in an amendment is received by the agency 30 days or more before the expiration date of the amendment, the agency shall make a determination on the request under par. (f) before the current amendment expires.
If the agency does not receive a guardian’s request for continuation of the payment amount in an amendment 30 days or more before the expiration date of the amendment, the agency shall pay the guardian the amount in the initial subsidized guardianship agreement under s. DCF 55.06 effective the first day of the first month after the amendment expires.

(c) To request continuation of the monthly subsidized guardianship payment amount in an amendment, the guardian shall submit appropriate documentation to the agency as follows:

Beginning with the first request for continuation of the payment amount in an amendment and for all subsequent odd-numbered requests for continuation, the guardian shall complete and return a form prescribed by the department to document that the substantial change in circumstances that was the basis for the amendment continues to exist.

Note: Form DCF-F-2767-E, Notice of Amendment Expiration — Option to Continue Current Rate, is available in eWiSACWIS, the child welfare automation system, or by writing to the Division of Safety and Permanence, P.O. Box 8916, Madison WI 53708-8916.

Beginning with the second request for continuation of the payment amount in an amendment and for all subsequent even-numbered requests for continuation, the guardian shall do all of the following:

a. Complete and return the request for subsidized guardianship amendment form prescribed by the department to document the guardian’s observations of the child’s physical, behavioral, and emotional needs.

Note: The agency sends the guardian at least 2 sets of the same forms that are required for an initial amendment under sub. (3) (a). The forms are available in the forms section of the department website, https://dcf.wisconsin.gov, or by writing to the Division of Safety and Permanence, P.O. Box 8916, Madison WI 53708-8916.

For a subsidized guardianship agreement entered into before July 1, 2011, the agency sends all of the following forms:

DCF-F-2813-E, Subsidized Guardianship Amendment Request — Established Before July 1, 2011.

DCF-F-2783-E, Subsidized Guardianship Amendment Request — Confirmation of Needs Behavioral Characteristics.

DCF-F-2784-E, Subsidized Guardianship Amendment Request — Confirmation of Needs Physical/Personal Care Characteristics.

DCF-F-2785-E, Subsidized Guardianship Amendment Request — Confirmation of Needs Emotional Characteristics.

For a subsidized guardianship agreement entered into on or after July 1, 2011, the agency sends all of the following forms that apply to the child’s age:

DCF-F-2781-E, Subsidized Guardianship Amendment Request — Complete Documentation Request.

DCF-F-2867-E, Subsidized Guardianship Amendment Request — Age Birth to 5 Child and Adolescent Needs and Strengths (CANS) Version.

DCF-F-2868-E, Subsidized Guardianship Amendment Request — Age 5 to 17 Child and Adolescent Needs and Strengths (CANS) Version.

DCF-F-2869-E, Subsidized Guardianship Amendment Request — Confirmation of Needs Emotional Characteristics (Age Birth to 5).

DCF-F-2870-E, Subsidized Guardianship Amendment Request — Confirmation of Needs Emotional Characteristics (Age 5 to 17).

DCF-F-2871-E, Subsidized Guardianship Amendment Request — Confirmation of Needs Behavioral Characteristics (Age Birth to 5).

DCF-F-2872-E, Subsidized Guardianship Amendment Request — Confirmation of Needs Behavioral Characteristics (Age 5 to 17).

DCF-F-2873-E, Subsidized Guardianship Amendment Request — Confirmation of Needs Physical/Personal Care Characteristics (Age Birth to 5).

DCF-F-2874-E, Subsidized Guardianship Amendment Request — Confirmation of Needs Behavioral Characteristics (Age 5 to 17).

The guardian completes and returns to the agency the forms that apply to the child’s needs.

b. Submit documentation by appropriate professionals regarding the child’s current needs on a form prescribed by the department and dated not more than 6 months before the request for continuation.

Note: The professionals complete the same forms as the guardian under subd. 2. a.

(d) The agency may require the guardian to provide additional information regarding the child’s needs, including an evaluation by a specialist.

(e) The agency shall review the guardian’s request and supporting documentation to determine whether the substantial change in circumstances that was the basis for amending the agreement continues to exist under the following criteria:

For a subsidized guardianship agreement entered into before July 1, 2011, under s. 48.62 (5), 2009 Stats., the rate determined under s. DCF 55.09.
For a subsidized guardianship agreement entered into on or after July 1, 2011, under s. 48.623, Stats., the rate determined under s. DCF 56.23 (2) (a) if the child has needs that have been identified as moderate or intensive in the areas listed in s. DCF 56.23 (2) (a) 1. a. to e.

(f)

Following the review under par. (e), the agency may determine any of the following:

a. The substantial change in circumstances that was the basis for the amendment continues to exist.

b. A substantial change in circumstances exists as a basis for a monthly subsidized guardianship payment that is more than the amount in the initial subsidized guardianship agreement but less than the current amendment.

c. A substantial change in circumstances no longer exists as a basis for a monthly subsidized guardianship payment that is more than the amount in the initial subsidized guardianship agreement under s. DCF 55.06.

The agency may not determine a monthly subsidized guardianship payment amount that is less than the amount in the initial subsidized guardianship agreement under s. DCF 55.06.

(g) The agency shall provide the guardian with written notice of the agency determination under par. (f) on a form prescribed by the department that includes information on the guardian’s right to appeal the agency decision under s. DCF 55.11.

Note: Form DCF-F-2756-E, Notice of Approval for Amendment for Subsidized Guardianship and Amended Agreement, and form DCF-F-2765-E, Notice of Denial for Amendment for Subsidized Guardianship, are available in eWiSACWIS, the child welfare automation system, or by writing to the Division of Safety and Permanence, P.O. Box 8916, Madison WI 53708-8916.

(h) If an agency offers a monthly subsidized guardianship payment amount that is more than the amount in the initial subsidized guardianship agreement under s. DCF 55.06 and the guardian accepts the amount that the agency offers, the agency and the guardian shall sign an amendment to the subsidized guardianship agreement that specifies the monthly payment amount and the time period that the amendment will be effective. An amendment to a subsidized guardianship agreement may not be effective for more than one year. The amendment shall be on a form prescribed by the department.

(i) The amendment shall be effective the first day of the month following the date that both of the following have occurred:

The date that the agency receives the amendment signed by the guardian and the agency.
The date that a previous amendment has expired.

(6) Agency proposal. An agency may propose to a person receiving monthly subsidized guardianship payments that the agreement under s. DCF 55.06 be amended to adjust the amount of those payments. If an adjustment in the amount of those payments is agreed to by the person receiving those payments, the agreement shall be amended in writing to specify the adjusted amount of those payments and shall be signed by the agency and the guardian.

History

CR: 12-045: cr. Register May 2013 No. 689, eff. 6-1-13; (5) (i) a., b. renumbered to (i) 1., 2. under s. 13.92 (4) (b) 1., Stats., Register May 2013 No. 689; CR 16-014: r. and recr. (4) (c) Register June 2016 No. 726, eff. 7-1-16; CR 24-007: am. (2) (a) 1. Register July 2024 No. 823, eff. 8-1-24.

Wis. Admin. Code § DCF 55.09 Supplemental payments under subsidized guardianship agreements entered into before July 1, 2011 {#sec-dcf-55.09 omnilex-key=us-wi-regs-official--agency-dcf--DCF 55.09}

(1) Applicability. This section applies to supplemental payments provided under subsidized guardianship agreements entered into before July 1, 2011, under s. 48.62 (5), 2009 Stats.

Note: Subsidized guardianship agreements entered into before July 1, 2011, were part of a subsidized guardianship demonstration project that was administered by the Bureau of Milwaukee Child Welfare and authorized by a federal waiver and s. 48.62 (5), 2009 Stats.

(2) Supplemental payments.

(a) The agency may make supplemental payments to the guardian of a child in an amount to be determined by the agency if the child requires more than the usual amount of care and supervision for the child’s age because of special emotional, behavioral or physical and personal needs.

(b) If a child does not exhibit characteristics commensurate with a moderate or intensive level of emotional, behavioral, or physical and personal special needs categories described in sub. (3), no supplemental payment may be made. If the child exhibits characteristics commensurate with in a moderate or intensive level of one or more of the emotional, behavioral, or physical and personal special need categories under sub. (3), a supplemental payment in an amount to be determined by the agency shall be paid.

(3) Schedule of difficulty-of-care levels.

(a) Emotional.

“Level A, not applicable” children do not exhibit unusual emotional characteristics for foster children in their age group.
“Level B, minimal” children exhibit behavior that includes or corresponds in extent or degree with at least 2 of the following characteristics:

a. Demanding excessive attention from others.

b. Nervous, high-strung, impulsive and displaying temper tantrums.

c. Restless and hyperactive, having a short attention span and occasionally wetting during the night.

d. Exhibiting low self-esteem and lacking confidence in their ability to deal with the world.

e. Periodically withdrawn and unresponsive.

“Level C, moderate” children exhibit behavior that includes or corresponds in extent or degree with at least 2 of the following characteristics:

a. Habitually resistive and having difficulty communicating with others, often failing to do what is expected of them.

b. Typically respond to situations with apathy, showing a lack of any interest.

c. Have difficulty in establishing relationships and set up others for rejection.

d. Display cultural and social conflicts.

e. Frequent night bed-wetters or occasionally defecate in bed clothes or both.

f. Display over-activity and over-excitedness, necessitating close supervision.

“Level D, intensive” children exhibit behavior that includes or corresponds in extent or degree with one or more of the following characteristics, and the characteristics are severe:

a. Infantile personalities.

b. Wet or defecate in clothing during daytime hours several times a week.

c. Severe hyperactivity to the point of frequent destructiveness or sleeplessness.

d. Chronically withdrawn, depressed or anxious.

e. Self-injurious, require constant and intensive supervision and may be involved in behavioral management programs or show bizarre or severely disturbed behavior.

f. Display anorexia nervosa.

(b) Behavioral.

“Level A, not applicable” children do not exhibit unusual behavioral characteristics for foster children in their age group.
“Level B, minimal” children exhibit behavior that includes or corresponds in extent or degree with at least 2 of the following characteristics:

a. Run away infrequently for up to 2 days with the intention of returning.

b. Occasionally skip classes or an entire day of school, affecting class achievement and requiring make-up school work and parent contact with the school.

c. Use sexual acting-out or language as an attention-getting mechanism and occasionally experiment with alcohol, drugs or both.

d. Infrequent conflicts with parents or community authorities, including displays of hostility and occasional petty theft, vandalism or both.

e. Exhibit occasional aggressive behavior such as biting, scratching or throwing objects at another person.

“Level C, moderate” children exhibit behavior that includes or corresponds in extent or degree with at least 2 of the following characteristics:

a. Run away 4 to 7 times a year for 3 or 4 days at a time and requires encouragement to return.

c. Exhibit sexual activity harmful to themselves and disruptive to their family and community relationships.

d. Occasionally have been involved in non-violent crimes such as burglary, which caused conflict with authority.

e. Exhibit frequent aggressive behavior such as biting, scratching or throwing objects at another person.

f. Exhibit occasional self-abusive behavior such as banging their heads, poking their eyes, kicking themselves or biting themselves.

“Level D, intensive” children exhibit behavior that includes or corresponds in extent or degree with one or more of the following characteristics, and the characteristics are severe:

a. Runs away 8 or more times a year for 5 or more days at a time, returning only on the initiative of others.

c. Exhibit sexual deviancy, including that of a violent nature or nonconsenting involvement of others.

d. Habitually use alcohol, drugs or both.

f. Exhibit aggressive behavior on a daily basis, such as biting, scratching or throwing objects at another person.

g. Exhibit frequent self-abusive behavior such as banging their heads, poking their eyes, kicking themselves or biting themselves. These children may eat inappropriate items such as rubber or metal.

“Level A, not applicable” children do not exhibit unusual physical or personal characteristics for foster children in their age group.
“Level B, minimal” children exhibit physical or personal characteristics that include or correspond in extent or degree with one or more of the following:

a. Needs some help with putting on braces or prosthetic devices and help with buttons or laces but basically care for themselves and are able to maintain their own physical assisting devices.

“Level C, moderate” children exhibit physical or personal characteristics that include or correspond in extent or degree with one or more of the following:

a. Needs help with dressing, bathing as diapering and applying catheters, and requires the help of a person or a device to walk or get around.

b. Needs assistance to care for and maintain physical assisting devices.

c. Has feeding problems such as excessive intake, extreme messiness or extremely slow eating requiring help, supervision or both.

d. Needs tube or gavage feeding.

e. Requires special care to prevent or remedy skin conditions such as decubiti and severe eczema.

“Level D, intensive” children exhibit physical or personal characteristics that include or correspond in extent or degree with one or more of the following:

a. Non-ambulatory, may have uncontrollable seizures and need appliances for drainage, colostomy, aspiration or suctioning.

b. Even with proper medical attention, vision, speech or hearing functions are impaired and may require foster parent training.

c. Need daily prescribed exercise routines to improve or maintain gross or fine motor skills that require home administration.

d. Require prevention procedures such as daily irrigation.

e. Require extra cleaning and laundry to maintain hygiene and control of the child’s body waste.

f. Orthotics care.

g. Prescribed physical therapies taking 2 to 3 hours a day.

History

CR: 12-045: cr. Register May 2013 No. 689, eff. 6-1-13.

Wis. Admin. Code § DCF 55.10 Review of eligibility for subsidized guardianship payments {#sec-dcf-55.10 omnilex-key=us-wi-regs-official--agency-dcf--DCF 55.10}

(1) Changes that may affect eligibility. To review a guardian and child’s continued eligibility for monthly subsidized guardianship payments, an agency shall determine whether any of the following changes have occurred:

(a) There has been a change in the child’s guardian.

(b) The child has entered the military.

(d) The child is no longer living with the guardian.

(e) The child is deceased.

(f) The child has graduated, completed, or dropped out from a full-time, kindergarten to 12th grade educational program or its equivalent.

(g) The guardian is no longer supporting the child.

(h) The guardian’s legal responsibility for the child has ended.

(i) The child has been placed outside the guardian’s home at public expense.

(j) The child’s parent is residing with the guardian and child.

(2) When to review. An agency shall review whether a child and guardian continue to be eligible for subsidized guardianship payments at the following times:

(a) An annual review date that begins not less than 12 months after the date the agency began making payments to the guardian.

(b) Thirty days after the effective date of sub. (1) (j), unless the guardian is providing care for the child’s parent and any of the following apply:

The child’s parent is a minor.
The child’s parent is subject to an order for adult protective services or protective placement under s. 55.12, Stats.

Note: Section 55.12, Stats., is the statutory section on adult protective services or protective placement orders.

(c) If the agency receives notice from the guardian or otherwise knows or suspects that a change listed in sub. (1) has occurred.

Note: If the parent in the guardian’s home poses a threat to the child’s safety, the agency should take appropriate steps to contact the local child protective services agency in Wisconsin or in the jurisdiction where the child resides. The agency may also consider notifying the court that ordered the guardianship to determine if the guardianship remains in the child’s best interests. Guardianships under s. 48.977, Stats., are the result of a previous action under ch. 48, Stats., in which child safety may have been an issue. Therefore, it is imperative that the agency responds accordingly when the agency becomes aware of actions to circumvent or dissolve the guardianship.

(d) Beginning 6 months before the child’s 18th birthday, to determine whether eligibility is expected to continue under sub. (4) when the child turns 18 years old.

(3) Annual review.

(a) Not less than 60 days before a guardian’s annual review date under sub. (2) (a), the agency shall send an annual review questionnaire and notice on a department-prescribed form requesting that the guardian return the completed questionnaire within 30 days of receipt and informing the guardian that payments will be suspended if the agency does not receive the completed questionnaire by the guardian’s annual review date. If the guardian has not returned the completed questionnaire 30 days after the agency sent the questionnaire, the agency shall send a second copy of the questionnaire and notice.

Note: Form DCF-F-2736-E, Subsidized Guardianship Request for Information to Determine Continued Eligibility, is available in the forms section of the department website, https://dcf.wisconsin.gov, or by writing to the Division of Safety and Permanence, P.O. Box 8916, Madison WI 53708-8916.

(b) If the guardian returns the annual review questionnaire during the 60-day period before the annual review date, the agency shall immediately document in the child’s case record the receipt of the form and whether the child and guardian continue to be eligible for monthly subsidized guardianship payments.

(4) Eligibility after age 17.

(a) Notwithstanding s. DCF 55.02 (3), a guardian and a child who is 18 years of age or older may be eligible to continue to receive monthly subsidized guardianship payments if no change affecting eligibility under sub. (1) has occurred and subd. 1., 2., or 3. applies:

The child is 18 years old and is enrolled in and regularly attending a secondary education classroom program leading to a high school diploma or the equivalent.
The child is 19 or 20 years old and all of the following apply:

a. The child is enrolled in and regularly attending a secondary education classroom program leading to a high school diploma or the equivalent.

b. The child has a physical, emotional, or behavioral need.

c. The social security administration has determined that the child is ineligible for Social Security disability insurance or Supplemental Security Income for not meeting the disability standard in 42 USC 423 (d) or 42 USC 1382c (a).

Note: 42 USC 423 (d) is the definition of “disability” that is used in determining eligibility for Social Security disability insurance. 42 USC 1382c (a) is the definition of “aged, blind, or disabled individual” that is used in determining eligibility for Supplemental Security Income.

d. The agency determines that the child’s physical, emotional, or behavioral need warrants the continuation of assistance under s. 48.623, Stats.

All of the following apply regarding the child:

a. The child turned 18 years of age on or after August 1, 2014, but is under 21 years of age.

b. The child is a full-time student at a secondary school or its vocational or technical equivalent.

c. There is an individualized education program under s. 115.787, Stats., or a substantially similar tribal law or policy, a bureau of Indian education-operated school, or a tribally controlled school in effect for the child, and the guardian or interim caretaker submits a copy to the agency.

d. The subsidized guardianship agreement for the child became effective after the child attained 16 years of age.

(am) Subsidized guardianship payments may be reinstated if a guardian or interim caretaker terminated the subsidized guardianship agreement when the child was 18 years of age or over and the child meets the requirements of par. (a) 3.

(b) To determine whether a guardian and child will continue to be eligible to receive monthly subsidized guardianship payments when the child is 18 years old, the agency may do all of the following:

Six months before the child’s 18th birthday, the agency shall send the guardian a form prescribed by the department that notifies the guardian that subsidized guardianship payments will terminate when the child turns 18 years old unless the guardian provides information regarding potential eligibility for the payments to continue.

Note: Form DCF-F-CFS2421, Advance Notice of Termination of Subsidized Guardianship at Age 18, is available in eWiSACWIS, the child welfare automation system, or by writing to the Division of Safety and Permanence, P.O. Box 8916, Madison WI 53708-8916.

If the agency has not received the completed form under subd. 1. and any necessary documentation from the guardian by 60 days before the child’s 18th birthday, the agency shall send a second copy of the form to the guardian.
If the agency has not received the completed form under subd. 1. or 2. with any necessary documentation from the guardian by 30 days before the child’s 18th birthday, the payment for the month of the child’s 18th birthday shall be the last payment under the subsidized guardianship agreement.
I f the agency receives the completed form under subd. 1. or 2. and any necessary documentation from the guardian 30 days or more before the child’s 18th birthday, the agency shall determine whether eligibility will continue when the child turns 18 years old and send the notice of decision on a form prescribed by the department within 15 days after receiving the guardian’s completed form and any necessary documentation.

Note: Form DCF-F-CFS2420, Notice of Decision on Subsidized Guardianship Eligibility Status After 18, is available in the forms section of the department’s website, https://dcf.wisconsin.gov, or by writing to the Division of Safety and Permanence, P.O. Box 8916, Madison WI 53708-8916.

Section 48.57 (3), Stats., authorizes counties to provide funding for the maintenance of a child who is 18 years of age or older.

(5) Determination. Following a review of eligibility of a guardian and child for monthly subsidized guardianship payments under this section, an agency shall do one of the following:

(a) Continue the payments.

(b) Make the last payment the month that the child turns 18 years old, except as provided in sub. (4).

(bm) Send a notice to the guardian on a form prescribed by the department at least 30 days before the effective date of any of the following:

Suspend payments for any of the following reasons:

a. The agency did not receive the completed annual review questionnaire from the guardian under sub. (3) on or before the annual review date under sub. (2) (a). If the agency receives the completed annual review questionnaire from the guardian after the review date and none of the changes affecting eligibility under sub. (1) have occurred, the agency shall reinstate payments effective the date that the agency receives the completed questionnaire.

b. The child is temporarily placed outside the guardian’s home at public expense.

c. The child is temporarily not being supported by the guardian.

Terminate payments and other provisions in the subsidized guardianship agreement based on any of the following:

a. A change of circumstances under sub. (1) (a) to (h) or (j) has occurred.

b. The guardian requests in writing that the subsidized guardianship agreement be terminated.

Note: Form DCF-F-CFS 2737, Notification of Subsidized Guardianship Suspension or Termination, is available in the forms section of the department website, http://dcf.wisconsin.gov, or by writing to the Division of Safety and Permanence, P.O. Box 8916, Madison, WI 53708-8916.

History

CR: 12-045: cr. Register May 2013 No. 689, eff. 6-1-13; EmR1414: emerg. am. (4) (a) (intro.), 1., 2. a., cr. (4) (a) 3., (am), eff. 8-1-14; CR 14-054: am. (4) (a) (intro.), 1., 2. a., cr. (4) (a) 3., (am) Register April 2015 No. 712, eff. 5-1-15; EmR1632: emerg. cr. (1) (j), r. and recr. (2) (b), am. (c), cr. (5) (bm) (intro.), renum. (5) (c) to (5) (bm) 1., renum. (5) (d) to (5) (bm) 2. and am. 2. b., eff. 11-18-16; CR 16-048: cr. (1) (j), r. and recr. (2) (b), am. (c), cr. (5) (bm) (intro.), renum. (5) (c) to (5) (bm) 1., renum. (5) (d) to (5) (bm) 2. and am. 2. b. Register April 2017 No. 736, eff. 5-1-17; CR 24-007: am. (3) (b), (4) (a) 3. c. Register July 2024 No. 823, eff. 8-1-24.

Wis. Admin. Code § DCF 55.11 Appeals {#sec-dcf-55.11 omnilex-key=us-wi-regs-official--agency-dcf--DCF 55.11}

(1)

(a) A person may petition the division of hearings and appeals under sub. (2) for a review of any of the following agency actions or failures to act:

The agency did not act promptly on a person’s request for a determination of eligibility for subsidized guardianship payments under s. DCF 55.05 (3).
The agency denied a person’s request for a determination of eligibility for subsidized guardianship payments under s. DCF 55.05 (3) on the grounds that a condition specified in s. DCF 55.03 has not been met.
Regarding an amendment under s. DCF 55.08, the agency did any of the following:

a. Denied a guardian’s request for an amendment under s. DCF 55.08 (4) (f) or (5) (f) 1. c. and (g).

b. Approved a guardian’s request for an amendment at an amount that is less than the amount that the guardian considers appropriate under s. DCF 55.08 (4) (f) or (5) (f) 1. b.

(b) Review of an agency action or failure to act is unavailable if the action or failure to act arose more than 45 days before the guardian submits the petition for review to the division of hearings and appeals.

(2)

(a) Upon receipt of a timely petition as described in sub. (1) (b), the division of hearings and appeals shall give the applicant or recipient reasonable notice and an opportunity for a fair hearing.

(b) The division of hearings and appeals may make such additional investigation as it considers necessary.

(c) The division of hearings and appeals shall provide the applicant or recipient and the agency whose action or failure to act is the subject of the petition with a notice of hearing. That agency may be represented at the hearing.

(d) The division of hearings and appeals shall render its decision as soon as possible after the hearing and shall send a certified copy of its decision to the applicant or recipient and to the agency whose action or failure to act is the subject of the petition.

(e) The decision of the division of hearings and appeals shall have the same effect as an order of the agency whose action or failure to act is the subject of the petition. The decision shall be final, but may be revoked or modified as altered conditions may require, as provided under s. HA 3.10 (1).

(f) The division of hearings and appeals shall deny a petition for review or shall refuse to grant relief if any of the following applies:

The petitioner withdraws the petition in writing.
The sole issue in the petition concerns an automatic payment adjustment or change that affects an entire class of recipients and is the result of a change in state law.
The petitioner abandons the petition. Abandonment occurs if the petitioner fails to appear in person or by a representative at a scheduled hearing without good cause, as determined by the division of hearings and appeals.

(3)

(a)

If a recipient requests a hearing within 10 days after the date of the notice that the recipient’s subsidized guardianship payments are being decreased or discontinued, those payments may not be decreased or discontinued until a decision is rendered after the hearing.
Payments made pending the hearing decision under subd. 1. may be recovered by the agency if the contested action or failure to act is upheld or the recipient withdraws or abandons the petition.

(b) The division of hearings and appeals shall promptly notify the agency whose action is the subject of the hearing that the recipient has requested a hearing.

(c) Payments shall be decreased or discontinued if the recipient is contesting a state law or a change in state law and not the determination of the payment made on the recipient’s behalf.

History

CR: 12-045: cr. Register May 2013 No. 689, eff. 6-1-13; CR 21-107: am. (3) (a) 1. Register June 2022 No. 798, eff. 7-1-22.

Wis. Admin. Code § DCF 55.12 Interim caretaker {#sec-dcf-55.12 omnilex-key=us-wi-regs-official--agency-dcf--DCF 55.12}

(1) Eligibility. Upon the death or incapacity of a guardian or upon the termination of a guardianship under s. 48.977 (7), Stats., or under a tribal court order that is substantially similar to an order under s. 48.977, Stats., and an agreement specified in s. DCF 55.01 (2) or (3), the agency that has been providing subsidized guardianship payments to the guardian shall provide the subsidized guardianship payments to the interim caretaker if all of the following conditions are met:

(a) Pursuant to s. 48.685, Stats., and s. DCF 55.13, the agency conducts a background investigation of the interim caretaker and any nonclient resident in the interim caretaker’s home and determines that those individuals meet the requirements in s. 48.685, Stats., and s. DCF 55.13. For a background investigation conducted by a tribal child welfare agency, the investigation may be conducted under s. 48.685, Stats., and s. DCF 55.13 or by meeting the background check requirements for foster parent licensing under 42 USC 671 (a) (20).

(b) The agency inspects the home of the interim caretaker, interviews the interim caretaker, and determines that placement of the child with the interim caretaker is in the best interests of the child. In the case of an Indian child, a county department or the department determines the best interests of the Indian child in accordance with s. 48.01 (2), Stats.

(c) The interim caretaker cooperates with the agency in finding a permanent placement for the child by either seeking to become the child’s guardian or adoptive parent or assisting in finding other permanent resources for the child.

(d) If a county department or the department knows or has reason to know that the child is an Indian child, the county department or department provides notice of the Indian child’s placement in the home of the interim caretaker to the Indian child’s parent, Indian custodian, and tribe and determines that the home of the interim caretaker complies with the order of placement preference under s. 48.028 (7) (b), Stats., or, if applicable, s. 48.028 (7) (c), Stats., unless the county department or department finds good cause, as described in s. 48.028 (7) (e), Stats., for departing from that order.

(2) Time-limited. The agency shall provide the subsidized guardianship payments to an interim caretaker who is eligible under sub. (1) until the interim caretaker is licensed as a foster parent under ch. DCF 56, except the agency may not provide subsidized guardianship payments to an interim caretaker for more than 12 months.

(3) Payment amount. The amount of the subsidized guardianship payments to the interim caretaker shall be the most recent amount that the agency had agreed to pay the guardian under s. DCF 55.07 (2) or 55.08.

(4) Overpayments. An agency may recover any overpayment made to a current or former interim caretaker by any legal means as determined by the agency. An overpayment to an interim caretaker who continues to receive subsidized guardianship payments may be recovered by reducing the amount of the person’s monthly payment.

History

CR: 12-045: cr. Register May 2013 No. 689, eff. 6-1-13; CR 21-107: am. (2) Register June 2022 No. 798, eff. 7-1-22; CR 24-007: am. (1) (intro.), (a), (b), (d) Register July 2024 No. 823, eff. 8-1-24.

Wis. Admin. Code § DCF 55.125 Successor guardian {#sec-dcf-55.125 omnilex-key=us-wi-regs-official--agency-dcf--DCF 55.125}

(1) Eligibility. Upon the death or incapacity of a guardian who was receiving subsidized guardianship payments under s. 48.623, Stats., and this chapter, the agency shall determine the eligibility of a person named as a prospective successor guardian in a subsidized guardianship agreement or amended subsidized guardianship agreement that was entered into before the death or incapacity of the guardian. A prospective successor guardian is eligible to enter into a new subsidized guardianship agreement with the agency if the agency determines all of the following apply:

(a) The prospective successor guardian demonstrates a strong commitment to caring permanently for the child.

(b) If the child is age 14 years or older, the child has been consulted with regarding the successor guardianship arrangement.

(c) The agency determines that the prospective successor guardian is eligible to be licensed as a foster parent under ch. DCF 56 and the prospective guardian and nonclient residents in the prospective guardian’s home meet the requirements of the background check in s. 48.685, Stats., and s. DCF 55.13. For a background investigation conducted by a tribal child welfare agency, the investigation may be conducted under s. 48.685, Stats., and s. DCF 55.13 or by meeting the background check requirements for foster parent licensing under 42 USC 671 (a) (20).

Note: The agency is not required to issue a license to the prospective successor guardian.

(d) The agency determines that placement of the child with the prospective successor guardian is in the best interests of the child. In the case of an Indian child, a county department or the department determines the best interests of the Indian child in accordance with s. 48.01 (2), Stats.

Note: Upon the death or incapacity of a guardian who did not name a prospective successor guardian in a subsidized guardianship agreement or amended subsidized guardianship agreement that was entered into before the guardian’s death or incapacity, eligibility of a person to become a new subsidized guardian would be determined under s. DCF 55.03. Section DCF 55.03 would also apply to the eligibility determination of a person seeking payments under this chapter if the previous guardianship was terminated for a reason other than death or incapacity of the guardian.

(e) If a county department or the department knows or has reason to know that the child is an Indian child, the county department or department provides notice of the Indian child’s placement in the home of the prospective successor guardian to the Indian child’s parent, Indian custodian, and tribe and determines that the home of the prospective successor guardian complies with the order of placement preference under s. 48.028 (7) (b), Stats., or, if applicable, s. 48.028 (7) (c), Stats., unless the county department or department finds good cause, as described in s. 48.028 (7) (e), Stats., for departing from that order.

(2) Eligibility determination form. An agency that determines a prospective successor guardian’s eligibility shall document the determination on a form prescribed by the department.

Note: Form DCF-F-5069-E, Subsidized Guardianship Successor Guardian Eligibility Determination, is available on the forms page of the department website, http://dcf.wisconsin.gov, or by writing to the Division of Safety and Permanence, P.O. Box 8916, Madison, WI 53708-8916.

(3) Subsidized guardianship agreement. The agency shall enter into a written, signed subsidized guardianship agreement with the prospective successor guardian under s. DCF 55.06 if the agency determines that the prospective successor guardian is eligible under sub. (1). The agency shall enter into the subsidized guardianship agreement with the prospective successor guardian before guardianship is established under s. 48.977 (5m), Stats., or under a tribal court order that is substantially similar to an order under s. 48.977, Stats., and an agreement specified in s. DCF 55.01 (2) or (3).

(4) Court. An agency may not provide subsidized guardianship payments to a prospective successor guardian until all of the following occur:

(a) A court appoints the successor guardian to assume the duty and authority of guardianship under s. 48.977 (5m), Stats., or under a tribal court order that is substantially similar to an order under s. 48.977, Stats., and an agreement specified in s. DCF 55.01 (2) or (3).

(b) Any order under s. 48.345, 48.357, 48.363, 48.365, 938.345, 938.357, 938.363, or 938.365, Stats., or a substantially similar tribal court order placing the child, or continuing the placement of the child, outside of the child’s home has been terminated, or any proceeding in which the child has been adjudged to be in need of protection or services specified in s. 48.977 (2) (a), Stats., or under a substantially similar tribal law has been dismissed, as provided in s. 48.977 (3r) (b), Stats., or under a substantially similar tribal law or a substantially similar tribal court order and an agreement specified in s. DCF 55.01 (2) or (3).

(5) Monthly payments. An agency shall provide monthly subsidized guardianship payments in an amount determined under s. DCF 55.07 or 55.08 to a guardian appointed under s. 48.977 (5m), Stats., or under a tribal court order that is substantially similar to an order under s. 48.977, Stats., and an agreement specified in s. DCF 55.01 (2) or (3).

History

EmR1632: emerg. cr., eff. 11-18-16; CR 16-048: cr. Register April 2017 No. 736, eff. 5-1-17; CR 24-007: am. (1) (c), (d), cr. (1) (e), am. (3), (4) (a), (b), (5) Register July 2024 No. 823, eff. 8-1-24.

Wis. Admin. Code § DCF 55.13 Background check of interim caretaker or prospective successor guardian and nonclient residents {#sec-dcf-55.13 omnilex-key=us-wi-regs-official--agency-dcf--DCF 55.13}

(1g) Tribal agency. A background investigation under s. DCF 55.12 (1) (a) or 55.125 (1) (c) that is conducted by a tribal child welfare agency may be conducted under s. 48.685, Stats., and this section or by meeting the background check requirements for foster parent licensing under 42 USC 671 (a) (20).

(1r) Provide information.

(a) Before an agency provides subsidized guardianship payments to an interim caretaker seeking payments under s. DCF 55.12 or determines that a prospective successor guardian is eligible to enter into a subsidized guardianship agreement, the interim caretaker or prospective successor guardian and any nonclient resident in the interim caretaker’s or prospective successor guardian’s home shall do all of the following:

Complete and submit to the agency the department’s background information disclosure form and written authorization for the agency to make follow-up contact with the Wisconsin department of justice and any other person or organization to determine if there is any reason under sub. (4) why the interim caretaker is not eligible to receive subsidized guardianship payments under s. DCF 55.12 or the prospective successor guardian is not eligible to enter into a subsidized guardianship agreement.

Note: DCF-F-2978-E, Background Information Disclosure, is available in the forms section of the department website, https://dcf.wisconsin.gov, or by writing to the Division of Safety and Permanence, P.O. Box 8916, Madison WI 53708-8916.

Provide the agency with information on their places of residence during the 5-year period before the interim caretaker is seeking subsidized guardianship payments under s. DCF 55.12 or the prospective successor guardian is seeking to enter into a subsidized guardianship agreement.

(b) Before an agency provides subsidized guardianship payments to an interim caretaker seeking payments under s. DCF 55.12 or enters into a subsidized guardianship agreement with a prospective successor guardian, the interim caretaker or prospective successor guardian shall provide the agency or its designated agent with a set of fingerprints sufficiently clear to submit to the Wisconsin department of justice or other law enforcement agency for submission to the national crime information database as provided in s. 48.685 (2) (c) 1., Stats.

(2) Conduct background check. After the agency receives the information under sub. (1r) and before the agency provides subsidized guardianship payments to an interim caretaker or enters into a subsidized guardianship agreement with a prospective successor guardian, the agency shall do all of the following:

(a) The agency shall obtain the information required under s. 48.685 (2) (am), Stats., regarding the interim caretaker or prospective successor guardian and any nonclient resident in the interim caretaker’s or prospective successor guardian’s home.

Note: Information on how to conduct an initial search of some of the required Wisconsin records is at https://recordcheck.doj.wi.gov. Following the search, the agency will receive a report from the Department of Justice regarding results of the criminal records search and a report from the Department of Health Services regarding results of the search of other integrated databases. Further investigation may be required.

(b) The agency shall submit the fingerprints of the interim caretaker or prospective successor guardian under sub. (1r) (b) to the Wisconsin department of justice or other law enforcement agency for submission to the national crime information database as provided in s. 48.685 (2) (c) 1., Stats.

(c) The agency shall conduct a reverse search of the Wisconsin sex offender registry using the interim caretaker’s or prospective successor guardian’s address.

Note: A reverse search by address can be done by entering the interim caretaker’s or prospective successor guardian’s address at http://doc.wi.gov/community-resources/offender-registry. The Wisconsin Sex Offender Registry does not contain information on all convicted sex offenders.

The information is limited by the effective date of the applicable law and to those offenders who have been arrested and convicted, adjudicated, or committed for a crime specified under the law and who meet registration and publication requirements.

For example, certain sex offenses by juveniles or other persons may not meet registration or publication requirements. Please consider these limitations when obtaining information from the sex offender registry.

(d) If the agency is informed that a nonclient resident in the interim caretaker’s or prospective successor guardian’s home resided outside the state of Wisconsin at any time during the 5-year period before the search, the agency shall obtain a criminal history records search from any state or United States jurisdiction in which the person is or was a resident.

(e) The agency shall obtain information on any child abuse and neglect findings during the 5-year period before the search, as follows:

If the agency is informed that the interim caretaker or prospective successor guardian or a nonclient resident in the interim caretaker’s or prospective successor guardian’s home resided in the state of Wisconsin at any time during the 5-year period before the search, the agency shall contact each county or jurisdiction in Wisconsin in which the person is a resident or was a resident during those 5 years for information on any child abuse or neglect report or finding.
If the agency is informed that the interim caretaker or prospective successor guardian or a nonclient resident in the interim caretaker’s or prospective successor guardian’s home resided outside the state of Wisconsin at any time during the 5-year period before the search, the agency shall check any child abuse or neglect registry maintained by any other jurisdiction in which the person is a resident or was a resident during those 5 years for information on any child abuse or neglect report or finding.

(f) If the agency is informed that the interim caretaker or prospective successor guardian or a nonclient resident in the interim caretaker’s or prospective successor guardian’s home served in a branch of the U.S. armed forces, including any reserve component, the agency shall make every reasonable effort to obtain information on the discharge status of the person. This information may be obtained from the discharge papers or from the armed forces branch in which the person served. If the discharge status is other than honorable, the agency shall obtain information on the nature and circumstances of the discharge.

(3) Follow-up. Follow-up investigation may be required and may include the following:

(a) If the results of the criminal history records search under sub. (2) (a), (b), or (d) indicate a charge of a crime specified in s. 48.685 (1) (c), Stats., but do not completely and clearly indicate the final disposition of the charge, the agency shall make every reasonable effort to contact the clerk of courts to determine the final disposition of the charge.

(b) If the background information disclosure indicates a charge or conviction of a crime specified in s. 48.685 (1) (c), Stats., but the results of the criminal history records search under sub. (2) (a), (b), or (d) do not include the charge or conviction, the agency shall make every reasonable effort to contact the clerk of courts to obtain a copy of the criminal complaint and the final disposition of the complaint.

(c) If the results of the criminal history records search under sub. (2) (a), (b), or (d); the background information disclosure; or any other information indicate that the person was convicted of a violation of s. 940.19 (1), 940.195, 940.20, 941.30, 942.08, 947.01 (1), or 947.013, Stats., or comparable law in another state or United States jurisdiction, not more than 5 years before the agency obtained the information, the agency shall make every reasonable effort to contact the clerk of courts to obtain a copy of the criminal complaint and judgment of conviction relating to that violation.

Note: A list of Wisconsin county clerks of court is available at http://www.wicourts.gov/contact/docs/clerks.pdf. Contact information for the Wisconsin Tribal Court Judges Association is available at http://www.wtja.org/wisconsin-tribal-courts.php. An investigation and determination regarding whether the circumstances of the convictions for the crimes specified in par. (c) are substantially related to the care of children under s. 48.685 (5m), Stats., is required. The specified crimes are misdemeanor battery, battery to an unborn child, battery-special circumstances, reckless endangerment, invasion of privacy, disorderly conduct, and harassment.

(4) Offenses that are a bar. Unless the person has demonstrated that the person has been rehabilitated under s. 48.685 (5) or (5c), Stats., and ch. DCF 12, an agency may not provide subsidized guardianship payments to an interim caretaker or determine that a prospective successor guardian is eligible to enter into a subsidized guardianship agreement if any of the following apply regarding the interim caretaker or prospective successor guardian or a nonclient resident in the interim caretaker’s or prospective successor guardian’s home:

(a) The person has been convicted of a crime specified in s. 48.685 (1) (c), Stats., or is the subject of a pending criminal charge alleging that the person committed a crime specified in s. 48.685 (1) (c), Stats.

Note: A table that lists applicable crimes is available on the department website, https://dcf.wisconsin.gov, in the child welfare licensing/background checks section. The applicable crimes for subsidized guardianship payments are the same as the applicable crimes for foster care.

(b) The person has been adjudicated delinquent for committing a crime specified in s. 48.685 (1) (c), Stats., or is the subject of a delinquency petition alleging that the person committed a crime specified in s. 48.685 (1) (c), Stats.

(c) A governmental body has made a finding that the person has abused or neglected any client or misappropriated the property of any client.

(d) A final substantiated finding has been made that the person abused or neglected a child.

(e) A finding that is comparable to a final substantiated finding has been made in any other jurisdiction.

(5) Denials. The agency shall provide the department with information about each person who is denied monthly subsidized guardianship payments or permission to reside in the home of an interim caretaker or prospective successor guardian for a reason specified in sub. (4).

Note: Agencies with direct access to eWiSACWIS, the child welfare automation system, enter the information directly into the system. Agencies that do not have direct access to eWiSACWIS, provide the information on Form DCF-F-CFS2191, Negative Action Notice, which is available in the forms section of the department’s website, dcf.wisconsin.gov. Send the completed form to Out-of-Home Care Section, DCF/DSP, P.O. Box 8916, Madison WI 53708-8916.

History

CR: 12-045: cr. Register May 2013 No. 689, eff. 6-1-13; CR 16-014: am. (2) (e) 1., 2., (4) (intro.), (a), r. (4) (b), r. and recr. (4) (d), (e) Register June 2016 No. 726, eff. 7-1-16; EmR1632: emerg. am. (title), (1), (2), (4) (intro.), (5), eff. 11-18-16; CR 16-048: am. (title), (1), (2), (4) (intro.), (5) Register April 2017 No. 736, eff. 5-1-17; CR 21-107: am. (2) (d), (4) (intro.), r. and recr. (4) (a), cr. (4) (b) Register June 2022 No. 798, eff. 7-1-22; CR 24-007: renum. (1) to (1r), cr. (1g), am. (2) (intro.), (b), (d), (e) 1., (3) (a) to (c) Register July 2024 No. 823, eff. 8-1-24.

Chapter DCF 56 FOSTER HOME CARE FOR CHILDREN

Wis. Admin. Code § DCF 56.01 Authority and purpose {#sec-dcf-56.01 omnilex-key=us-wi-regs-official--agency-dcf--DCF 56.01}

(1) This chapter is promulgated under the authority of ss. 48.62, 48.64 (4), and 48.67, Stats., to establish licensing requirements for foster homes and foster parents directed at protecting the health and safety and promoting the welfare of children placed in the homes; to establish a fair hearing procedure for foster parents; to establish requirements for certification of a foster home with a level of care and requirements for assessment of a child’s needs and strengths; and to establish criteria for making supplemental and exceptional payments to foster parents.

(2) A license to operate a foster home does not entitle the holder to placements of children who need foster care since placement decisions are based on a variety of factors, including the compatibility of what a specific child needs with what a particular foster parent can offer.

History

CR 00-020: cr. Register February 2002 No. 554, eff. 3-1-02; EmR0937: emerg. am. (1), eff. 1-1-10; CR 10-021: am. (1) Register September 2010 No. 657, eff. 10-1-10; EmR1050: emerg. am. (1), eff. 1-1-11; CR 10-148: am. (1) Register August 2011 No. 668, eff. 9-1-11.

Wis. Admin. Code § DCF 56.03 Definitions {#sec-dcf-56.03 omnilex-key=us-wi-regs-official--agency-dcf--DCF 56.03}

In this chapter:

(1b) “Advanced practice nurse prescriber” has the meaning given in s. 50.01 (1b), Stats.

(1d) “Age or developmentally appropriate activities” means activities that are generally accepted as suitable for children of a given chronological age or level of maturity or that are determined to be developmentally appropriate for a child based on the cognitive, emotional, physical, and behavioral capacities that are typical for children of a given age or age group or, in the case of a specific foster child, activities that are suitable for the foster child based on the cognitive, emotional, physical, and behavioral capacities of that foster child.

(1g) “Algorithm” means a composite score based on items demonstrated to be relevant to decision making on a particular topic such as level of need or service provision.

(1r) “Applicant” means a person who applies for a license to operate a foster home, for renewal of a license to operate a foster home or for modification of a license to operate a foster home.

(2) “Basement” means the portion of a foster home below the first floor.

(3) “Basic maintenance payment” means a payment to reimburse a foster parent for the cost of a foster child’s food, clothing, housing, basic transportation, and personal items, as established by s. 48.62 (4), Stats.

(3m) “Biopsychosocial assessment” means an assessment of a foster child’s disability, measurement of the behavioral and cognitive correlates of the disability, assessment of how psychosocial and environmental factors influence how the foster child copes with the disability, a review of biological factors that affect the disability, and an identification of possible treatments for the disability.

(6s) “Child welfare professional” means an individual who is responsible for ensuring the health, safety, and well-being of foster children and is employed by a county agency, tribal child welfare agency, licensed child-placing agency, or, in a county with a population of 750,000 or more, the department.

(7) “County agency” means a county department of social services under s. 46.215 or 46.22, Stats., or a county department of human services under s. 46.23, Stats.

(8m) “Court order” means an order of a state court or tribal court.

(9) “Department” means the Wisconsin department of children and families.

(10) “Department exceptions panel” or “exceptions panel” means the group authorized to grant exceptions under s. DCF 56.24 (2).

(10g) “Division of hearings and appeals” means the division of hearings and appeals in the department of administration.

(10n) “Entity” has the meaning given in s. 48.685 (1) (b), Stats.

(11) “Exit” means a continuous and unobstructed means of egress from inside the foster home to the exterior of the foster home, including intervening halls, balconies, ramps, fire escapes, stairways, and windows.

(11r) “Family interaction plan” means a plan developed by a placing agency to promote a foster child’s interaction with the foster child’s parent, siblings, and other identified persons and includes interaction by in-person or virtual face-to-face contact; telephone calls; texts; instant messages; letters; emails; and attendance at routine activities, such as, family gatherings, medical or treatment-related appointments, school events, and faith-related activities.

(11s) “Final substantiated finding” means all of the following:

(b) A determination made before January 1, 2015, that a person has abused or neglected a child under s. 48.981 (3) (c) 4., Stats., if the determination has not been reversed or modified on appeal.

(12) “Foster care” means care and maintenance provided to a foster child in a foster home pursuant to a court order, voluntary placement agreement, or voluntary transition-to-independent-living agreement.

(13) “Foster child” means a person under 21 years of age who is placed for care and maintenance in a foster home by the department, a county agency, a tribal child welfare agency, or a licensed private child-placing agency by court order, voluntary placement agreement, or voluntary transition-to-independent-living agreement.

(14) “Foster home” means any facility operated by a person licensed under s. 48.62 (1), Stats.

(15) “Foster parent” means a person with primary responsibility for the care and supervision of one or more foster children placed in the foster home and in whose name the foster home is licensed under this chapter.

(15m) “Group home” has the meaning given in s. 48.02 (7), Stats.

(16) “Guardian” means a person or agency appointed as provided under s. 48.023, Stats., or a substantially similar tribal law.

(19) “Home-based private educational program” means a program of educational instruction provided to a child by the child’s parent or guardian or by a person designated by the parent or guardian. An instruction program provided to more than one family unit does not constitute a home-based private educational program.

Note: A “home-based private educational program” is commonly known as home-schooling.

(20) “Household member” means any person living in a foster home, whether or not related to the foster parent.

(20d) “Indian child” has the meaning given in s. 48.02 (8g), Stats.

(20h) “Indian custodian” has the meaning given in s. 48.02 (8p), Stats.

(20p) “Indian tribe” means any Indian tribe, band, nation, or other organized group or community of Indians that is recognized as eligible for the services provided to Indians by the U.S. secretary of the interior because of their status as Indians.

(20t) “Kinship care provider” means a person who is receiving kinship care payments under s. 48.57 (3m) or (3n), Stats.

(21) “Legal custodian” means the person or agency to whom a court has transferred a child’s legal custody and who thereby has the right and duty to protect, train and discipline the child and to provide for the child’s care and needs. “Legal custody” has the meaning prescribed in s. 48.02 (12), Stats.

(21g) “Level of care” means the intensity of services that is best able to meet the needs of a foster child who has been assessed with a corresponding level of need.

(21r) “Level of need” means a rating of a foster child that is used to inform decision making on placement and service provision. The level of need is derived from an algorithm that is based on an assessment of a foster child’s functioning.

(22) “Licensed private child-placing agency” means an agency licensed by the department under s. 48.60, Stats., and ch. DCF 54 to license a person to operate a foster home and to place children in foster homes and other out-of-home care facilities.

(24) “Licensing agency” means the department, a county agency, tribal child welfare agency, or a licensed private child-placing agency that may issue a license to operate a foster home under this chapter.

(24m) “Like-kin” means an individual who has a significant emotional relationship with a child or the child’s family that is similar to a familial relationship and who is not and has not previously been the child’s foster parent. For an Indian child, “like-kin” includes individuals identified by the child’s tribe according to tribal tradition, custom or resolution, code, or law.

(26m) “Medical provider” means a physician, physician assistant, or an advanced practice nurse prescriber.

Note: “Physician” and “physician assistant” are defined in s. 990.01, Stats.

(27) “Motor vehicle” means a private automobile, motorcycle, van, bus or truck.

(27m) “Nonclient resident” has the same meaning as in s. DCF 12.02 (18).

(27r) “Normalcy” means a foster child’s ability to easily engage in healthy and age or developmentally appropriate activities that promote well-being, such as participation in social, scholastic, and enrichment activities.

(29) “Out-of-home care” means when a child is under the placement and care responsibility of an agency in a foster home, group home, residential care center for children and youth, or shelter care facility, in the home of a relative other than a parent, in the home of like-kin, in the home of a person not a relative or like-kin, or in a court-ordered supervised independent living arrangement.

(30) “Permanency plan” means a plan required under s. 48.38 (2) or 938.38 (2), Stats., that is designed to ensure that a child placed in out-of-home care is safely reunified with their parent, guardian, or Indian custodian whenever appropriate, or that the child quickly attains a safe placement or home providing long-term stability.

(33m) “Placing agency” means a licensed private child-placing agency, a county agency, a tribal child welfare agency, the department, or a licensed child welfare agency from another state authorized to place children in foster homes.

(34) “Premises” means the foster home and the tract of land on which it is situated, including all other buildings and structures on that land.

(34h) “Program staff” means staff in a Level 5 foster home who are responsible for daily supervision of a foster child and providing direct care to the foster child to ensure their safety and well-being.

(34m) “Reasonable and prudent parent standard” means a standard for use in making decisions concerning a foster child’s participation in age or developmentally appropriate extracurricular, enrichment, cultural, and social activities that is characterized by careful and sensible parental decisions that maintain the health, safety, best interests, and cultural, religious, and tribal values of the foster child while at the same time encouraging the emotional and developmental growth of the foster child.

(34n) “Relative” has the meaning given in s. 48.02 (15), Stats., except that it does not include a parent.

(34p) “Residential care center for children and youth” has the meaning given in s. 48.02 (15d), Stats.

(34t) “Respite care” means care and services provided to a foster child during the absence of the foster parent.

(35) “Responsible care provider” means a person the foster parent believes has the ability and maturity to care for a foster child for the time that the foster child will be in that person’s care.

(35s) “Shelter care facility” has the meaning given in s. 48.02 (17), Stats.

(36) “Supervising agency” means the agency responsible for overseeing the care and maintenance of a child placed in out-of-home care, which may be a county agency, a tribal child welfare agency, the department, or a licensed private child-placing agency.

(37) “Team” means the group appointed by the placing and supervising agencies to assess a foster child, develop and implement the permanency plan, and evaluate the foster child’s progress for a foster child with a level of need of 1 to 2 who is placed in a foster home.

(37e) “Treatment” means the combination of therapies, services, and care designed to assist a foster child in achieving established measurable and behavioral goals and objectives based upon the information gathered through the assessment process.

(37m) “Treatment plan” means the comprehensive services plan developed by the treatment team for a foster child with a level of need of 3 to 5 who is placed in a foster home with a Level 3 to 5 certification.

(37s) “Treatment team” means the group appointed by the placing and supervising agencies to assess a foster child, develop and implement the treatment plan, and evaluate the foster child’s progress for a foster child with a level of need of 3 to 5 who is placed in a foster home with a Level 3 to 5 certification.

(37u) “Verification” means documentation that allows the licensing agency to determine compliance with a specific requirement and is not retained by the agency unless specifically stated.

(38) “Voluntary placement agreement” means a written contract between a county agency, the department, or a licensed child welfare agency, and the child’s parent, guardian, or Indian custodian, and the child, if the child is 12 years of age or older, for the placement of the child in a licensed foster home under s. 48.63 (1), Stats.

(39) “Voluntary transition-to-independent-living agreement” means a voluntary agreement under s. 48.366 (3) or 938.366 (3), Stats.

History

CR 00-020: cr. Register February 2002 No. 554, eff. 3-1-02; corrections in (9), (10), (24) and (37) made under s. 13.92 (4) (b) 6. and 7., Stats., Register November 2008 No. 635; EmR0937: emerg. r. and recr. (3), eff. 1-1-10; CR 10-021: r. and recr. (3) Register September 2010 No. 657, eff. 10-1-10; EmR1050: emerg. renum. (1) to be (1r), cr. (1), (1g), (6m), (10m), (11m), (15m), (21g), (21r), (33m), (34d), (34h), (34p), (34t), (35m), (37e), (37m), (37s), am. (3) (a), (14), (15), (22), (24), (29), (36), (38), r. and recr. (37), eff. 1-1-11; CR 10-148: renum. (1) to be (1r), cr. (1), (1g), (6m), (10m), (11m), (15m), (21g), (21r), (33m), (34d), (34h), (34p), (34t), (35m), (37e), (37m), (37s), am. (3) (a), (14), (15), (22), (24), (29), (36), (38), r. and recr. (37) Register August 2011 No. 668, eff. 9-1-11; corrections in (2), (11) made under s. 13.92 (4) (b) 7., Stats., Register February 2012 No. 674; EmR1414: emerg. r. and recr. (5), am. (12), (13), (34p), (38), cr. (39), eff. 8-1-14; CR 14-054: r. and recr. (5), am. (12), (13), (34p), (38), cr. (39) Register April 2015 No. 712, eff. 5-1-15; CR 16-014: cr. (11s), (27m) Register June 2016 No. 726, eff. 7-1-16; EmR1633: emerg. cr. (1d), (11r), am. (17), cr. (27r), (34m), eff. 11-18-16; CR 16-051: (1d), (11r), am. (17), cr. (27r), (34m) Register July 2017 No. 739, eff. 8-1-17; CR 21-107: am. (11s) (b), (15), (27r), (30) Register June 2022 No. 798, eff. 7-1-22; CR 25-043: r. (1), cr. (1b), am. (1d), (2), consol. (3) (intro.) and (b) and renum. (3) and am., r. (3) (a), cr. (3m), r. (4) to (6m), cr. (6s), r. (8), cr. (8m), am. (10), cr. (10g), r. (10m), cr. (10n), r. and recr. (11), r. (11m), am. (11r), (12), (13), r. and recr. (15m), (16), r. (17), (18), am. (20), cr. (20d) to (20t), am. (21g), (21r), r. (23), am. (24), cr. (24m), r. (25), (26), cr. (26m), am. (27r), r. (28), r. and recr. (29), am. (30), r. (31) to (33), r. and recr. (33m), r. (34d), am. (34h), (34m), cr. (34n), r. and recr. (34p), (34t), r. (35m), cr. (35s), am. (36) to (37s), cr. (37u), am. (38) Register November 2025 No. 839, eff. 12-1-25; correction in (33m) made under s. 35.17, Stats., Register November 2025 No. 839.

Wis. Admin. Code § DCF 56.04 Applying for a license {#sec-dcf-56.04 omnilex-key=us-wi-regs-official--agency-dcf--DCF 56.04}

(1) Who must apply. Any person proposing to provide foster care for a foster child shall apply to a licensing agency for a license to operate a foster home. Each household member who will act in the role of foster parent shall be an applicant.

(2) Initial license. Before an applicant may be issued an initial license to operate a foster home, the applicant shall submit all of the following to the licensing agency:

(a) A completed application form provided by the licensing agency that is signed by each applicant.

(b) References required under s. DCF 56.13 (4) (b), (5) (c), or (6) (c).

(d) Verification of homeowner’s or renter’s liability insurance coverage, a request for a waiver, or a request for licensure for a period of no more than 90 days to allow time to obtain the necessary documentation to request a waiver under s. DCF 56.05 (9) (c).

(e) Verification of vehicle liability insurance for any vehicle owned by the applicant that will be used to transport a foster child.

(f) For each household member other than a foster parent, a written statement indicating whether the household member has any physical or mental conditions that would threaten the health or safety of a foster child. The statement may be from the household member or a medical provider who has performed an exam within the previous 12 months.

(g) A written statement from a medical provider that states that the applicant had a physical exam performed within the previous 12 months, and whether the results of that exam indicate the applicant has any physical or mental conditions that would prevent them from safely caring for a foster child.

(h) Information on any previous licensure as a foster parent or as any other type of licensed caregiver for children, including the name of the licensing agency and the period during which the license was held.

(i) An attestation on a form prescribed by the department that as a foster parent they will comply with all of the requirements in this chapter.

Note: DCF-F-CFS0787, Nonrelative Child Foster Home Licensing Checklist, is available on the department’s website at https://dcf.wisconsin.gov/cwportal/fc/forms.

(j) If required by the licensing agency, documentation of an inspection of the heating, electrical, plumbing, water, or sewage system under s. DCF 56.07 (1) (c).

(k) If required by the licensing agency, the results of private well water test under s. DCF 56.07 (1) (d).

(L) The results of an inspection of a wood-burning stove or other alternative heating source, except a fireplace, under s. DCF 56.07 (6) (c) 1.

(m) If required by the licensing agency, the results of a fireplace inspection under s. DCF 56.07 (6) (c) 2.

(3) License renewal. At least 60 days prior to the expiration of a current license to operate a foster home, an applicant for renewal of the license shall submit all of the following to the licensing agency:

(a) A completed application form provided by the licensing agency that is signed by each applicant.

(b) Information required for the background check under s. DCF 56.055 (1) (a).

(c) Verification of homeowner’s or renter’s liability insurance coverage, a request for a waiver, or a request for licensure for a period of no more than 90 days to allow time to obtain the necessary documentation to request a waiver under s. DCF 56.05 (9) (c).

(d) Verification of vehicle liability insurance coverage for any vehicle owned by the applicant that will be used to transport a foster child.

(e) If required by the licensing agency, a written statement from a medical provider that states that the applicant had a physical exam performed within the most recent 12 months and whether the results of that physical indicate the applicant has any physical or mental conditions that would affect their ability to safely care for a child.

(em) If required by the licensing agency, a written statement indicating whether a household member other than the applicant has any physical or mental conditions that would threaten the health or safety of a foster child. The statement may be from the household member or a medical provider who has performed an exam within the previous 12 months.

(f) An attestation on a form prescribed by the department that as a foster parent they will comply with all of the requirements in this chapter.

Note: DCF-F-CFS0787, Nonrelative Child Foster Home Licensing Checklist, is available on the department’s website, at https://dcf.wisconsin.gov/cwportal/fc/forms.

(g) If required by the licensing agency, documentation of an inspection of the heating, electrical, plumbing, water, or sewage system under s. DCF 56.07 (1) (c).

(h) If required by the licensing agency, the results of private well water test under s. DCF 56.07 (1) (d).

(i) The results of an inspection of a wood-burning stove or other alternative heating source, except a fireplace, under s. DCF 56.07 (6) (c) 1.

(j) If required by the licensing agency, the results of a fireplace inspection under s. DCF 56.07 (6) (c) 2.

(4) Change in application information. An applicant shall notify the licensing agency within 5 working days if any of the information included in the application changes prior to the licensing agency’s determination on whether to approve or deny the application.

(5) Home study. An applicant shall cooperate with the licensing agency’s process of determining the applicant’s ability to meet the needs of a foster child by doing all of the following:

(a) Allowing the licensing agency access to the applicant’s home and premises to ensure it meets the standards in this chapter.

(b) Ensuring that each household member attends at least one scheduled interview in the applicant’s home to allow the licensing agency to observe family functioning and assess the family’s capacity to meet the needs of a foster child.

(c) Complying with requests from the licensing agency to provide additional information or complete supplemental assessments needed for the licensing agency to do a comprehensive foster home study.

(d) Providing truthful and sufficient information to the licensing agency on their ability to meet the requirements of this chapter.

(6) Discrimination. A licensing agency may not discriminate against an applicant for a foster home license or a foster parent applying for renewal of a foster home license on the basis of age, sex, race, color, creed, sexual orientation, national origin or handicap.

(7) License modification. A licensing agency may modify a license to operate a foster home at any time based on a request from a foster parent or at the licensing agency’s discretion.

(8) Action by the licensing agency.

(a) Background check. Within 10 working days after receiving the information required for the background check under s. DCF 56.055 (1), the licensing agency shall begin the background check of the applicant and any nonclient resident in the foster home.

(b) Decision timeframe. Within 60 working days after receiving all information necessary to make a decision on an application for an initial license, license renewal, or license modification, the licensing agency shall approve the application and issue or modify the license or shall deny the application.

(c) Notice of appeal rights. If an application for an initial license, license renewal, or license modification is denied, the licensing agency shall provide the applicant with written reasons for the denial and information on how to file an appeal under s. DCF 56.10.

(9) Agency requirements prohibited. A licensing agency may not create eligibility or termination criteria for a foster home license that are in addition to the criteria in this chapter and applicable statutes. A licensing agency may develop policies and procedures to implement this chapter.

(10) License prohibition. No licensing agency may issue a foster home license to an employee of the agency or to the relative of an employee of the agency if the employee works in the child welfare area of the agency. This subsection does not apply to a volunteer for the agency.

Note: The intent of this requirement is to prevent possible conflicts of interest.

(11) No multiple licenses. No foster parent may hold more than one license to operate a foster home under this chapter.

(12) Effective period of a license. A foster home license shall be effective for a period not to exceed 2 years and may be renewed upon successful completion of the relicensing requirements.

(13) License revocation.

(a) Basis for revocation. A foster home license may be revoked by a licensing agency if the foster parent has violated any provision in ch. 48, Stats., or this chapter or if the foster parent has failed to meet the minimum requirements for a license under this chapter.

(b) Procedure for revocation. To revoke a foster home license, a licensing agency shall provide the foster parent with written notice of the revocation, the grounds for revocation, and information on how to file an appeal under s. DCF 56.10.

(14) Reapplication following denial or revocation. No applicant or former foster parent who, for a substantive reason, was denied a license or whose license was revoked may reapply for a license at any licensing agency within a 2-year period following the effective date of the license denial or revocation.

History

CR 00-020: cr. Register February 2002 No. 554, eff. 3-1-02; corrections in (3) (a), (b), (4) (a) 2., 3., 9., (b) 2., (5) (a), (c) and (8) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; EmR0937: emerg. revisions as in CR 10-021 (except for (4) (a) 5m., eff. 1-1-10; CR 10-021: am. (4) (a) 2., (b) 2. and (c) 1., r. and recr. (4) (a) 3., 4., and (b) 5., cr. (4) (a) 5m. and (b) 5m. Register September 2010 No. 657, eff. 10-1-10; correction to numbering of (4) (a) 5m. made under s. 13.92 (4) (b) 1., Stats., Register September 2010 No. 657; EmR1050: emerg. r. and recr. (2), (4) (a) 5m., am. (8), eff. 1-1-11; CR 10-148: r. and recr. (2), (4) (a) 5m., am. (8) Register August 2011 No. 668, eff. 9-1-11; CR 16-014: renum. (3) (intro.) to (3), r. (3) (a), (b), am. (4) (a) 9. c. Register June 2016 No. 726, eff. 7-1-16; CR 21-107: am. (4) (a) 2., 4., (b) 2., 5m. Register June 2022 No. 798, eff. 7-1-22; CR 25-043: r. and recr. (1) to (5), (7), (8), cr. (9) to (14) Register November 2025 No. 839, eff. 12-1-25; renum. (1) (a) to (1) under s. 13.92 (4) (b) 1., Stats., Register November 2025 No 839.

Wis. Admin. Code § DCF 56.05 Foster parent qualifications {#sec-dcf-56.05 omnilex-key=us-wi-regs-official--agency-dcf--DCF 56.05}

(1) General background.

(a) A foster parent shall be fit and qualified, exercise sound judgment, display the capacity to successfully nurture a foster child, not abuse alcohol or drugs, and not have a criminal conviction, pending criminal charge, or a finding by a governmental body of a civil or criminal violation of statutes, rules, or ordinances that is substantially related to the care of children or the operation of a foster home. In determining whether a criminal conviction, pending criminal charge, or finding by a governmental body is substantially related to the care of children or the operation of a foster home, the licensing agency shall apply the factors in s. DCF 12.06.

(b) A foster parent and all nonclient residents in the foster home shall comply with the background check requirements in s. 48.685, Stats., and s. DCF 56.055.

(2) Age. A foster parent shall be 18 years of age or older.

(3) Health.

(a) A foster parent may not have any physical or mental condition that would prevent them from safely caring for a foster child.

(b) No foster parent or household member may have a physical or mental condition that would threaten the health or safety of a foster child.

(c) If at any time the licensing agency has reason to believe that the physical or mental health of an applicant, foster parent, or household member may pose a threat to the health, safety, or welfare of a foster child, the licensing agency may require an assessment, such as an alcohol or other drug abuse assessment or an evaluation of the person’s physical or mental health, as a condition for issuing or continuing the license.

(4) Financial stability. A foster parent shall have the income and resources needed to make timely payments for shelter, food, utility costs, clothing, and other household expenses without relying on the basic maintenance payments received for care of a foster child.

(6) Characteristics.

(a) All foster parents. As evidenced through interviews with foster family members, use of the department’s assessment system, communication with references, and any supplemental assessment, such as an alcohol or other drug abuse assessment or a physical and mental health evaluation, a foster parent shall have or exhibit all of the following characteristics to a degree that will allow the foster parent to adequately provide foster care services:

An adequate understanding of or a motivation to learn a foster child’s development, trauma, strengths, and needs.
The ability to cope with additional stress factors that may occur during the course of the placement of a foster child.
Recognition of past personal trauma and experiences and how this may impact a foster parent’s ability to safely care for a foster child placed in their care.
A communication style that is effective and respectful to all household members.
An ability to maintain healthy relationships with family and friends.
Parenting ability or a motivation to learn appropriate parenting techniques focused on the age, abilities, strengths, and needs of a foster child that would be placed in a foster home at the level of care that the foster parent has or is seeking.
A willingness to work with the supervising agency, placing agency, licensing agency, and the foster child’s parent, guardian, or Indian custodian in achieving the permanence goal established in the foster child’s permanency plan.
A willingness to promote normalcy for a foster child by encouraging the foster child to participate in age or developmentally appropriate extracurricular, enrichment, cultural, and social activities under s. DCF 56.09 (3).
An ability to provide stability, routine, and organization.
Commitment, time, and ability to perform the responsibilities in sub. (7).

(b) Level 3 to 5. In addition to the requirements under par. (a), a foster parent who operates a foster home with a Level 3 to 5 certification shall have or attain the following knowledge, skills, and qualifications in order to care for a foster child:

Knowledge of the behavioral, emotional, or physical conditions; symptomology; and treatment and care needs associated with foster children with a level of need of 3 to 5.
Knowledge of the operation of any specialized equipment and emergency back-up systems used by the foster child.
Recognition of escalating symptoms or side effects of the foster child’s condition and appropriate ways to respond.
Knowledge of the foster child’s medications, services, and treatments.
A commitment to providing care for a foster child with serious treatment needs.

(7) Responsibilities.

(a) All foster parents. A foster parent shall do all the following:

Be familiar with and comply with all requirements of this chapter.
Maintain the confidentiality of all personal information about a foster child and the foster child’s family.
Participate in the preparation of all household members to become a foster family.
Participate in the selection of and accept placement of a foster child only in conformity with the conditions specified on the license and with the approval of the licensing and supervising agencies.
Engage in shared parenting with the foster child’s parent, guardian, or Indian custodian, such as including them in meetings and appointments regarding the foster child, unless otherwise directed by the supervising agency.
Support a foster child’s relationships with their family and others who are important to them by allowing communication, unless it is restricted in the treatment plan or court order.
Comply with and support all requirements of a foster child’s court order under ch. 48 or 938, Stats., and any associated plan, including a family interaction plan, a permanency plan, and an independent living plan as required under s. 48.38 (4) (h) or 938.38 (4) (h), Stats.
Cooperate and provide truthful and sufficient information to the licensing agency, supervising agency and placing agency responsible for supervising a foster child in the foster parent’s care and keep the licensing agency and any other responsible agency informed of each foster child’s progress and problems.
Apply the reasonable and prudent parent standard when making decisions concerning a foster child’s participation in age or developmentally appropriate extracurricular, enrichment, cultural, and social activities under s. DCF 56.09 (3).
Allow the supervising agency at least 30 days in which to make an alternate placement if the foster parent asks that a foster child be removed from the foster home.

(b) Foster home with Level 3 to 5 certification. In addition to the requirements under par. (a), a foster parent who operates a foster home with a Level 3 to 5 certification shall assume primary responsibility for implementing the in-home care and treatment strategies specified in the foster child’s treatment plan.

(8) Vehicle liability insurance. A foster parent who transports a foster child in their own vehicle shall have vehicle liability insurance coverage.

(9) Homeowner’s or renter’s liability insurance.

(a) Definition. In this subsection, “Wisconsin insurance plan” means the mandatory risk-sharing insurance plan established under s. 619.01, Stats., and s. Ins 4.10.

Note: The Wisconsin Insurance Plan offers homeowner’s insurance for people who have had their coverage cancelled or who have been denied insurance in the standard insurance market. For information on the Wisconsin Insurance Plan, contact any insurance agency. General information on the Wisconsin Insurance Plan is available at https://www.wisinsplan.com/.

(b) General requirement. A foster parent shall have homeowner’s or renter’s liability insurance as required under s. 48.627 (2) (a), Stats., unless any of the following conditions apply:

The licensing agency has granted a waiver of the homeowner’s or renter’s insurance requirement under pars. (c) and (d).
The licensing agency has issued a license for a period not to exceed 90 days to allow the foster parent time to obtain the necessary documentation to request a waiver under par. (c).

(c) Waiver conditions. A foster parent or applicant may request a waiver of the requirement to have homeowner’s or renter’s liability insurance by submitting any of the following to the licensing agency:

‘Homeowner’s denial.’ Documentation of a denial of homeowner’s liability insurance through a standard insurance policy for a reason other than poor condition of the property and a denial of the same through the Wisconsin insurance plan.
‘Homeowner’s cancellation.’ Documentation of the cancellation of a homeowner’s liability insurance for a reason other than nonpayment of premiums and a denial of the same through the Wisconsin insurance plan.
‘Renter’s denial.’ Documentation of the denial of renter’s liability insurance from 2 insurance companies.
‘Renter’s cancellation.’ Documentation of the cancellation of a renter’s liability insurance for reasons other than nonpayment of premiums and documentation of a denial of coverage from one other insurance company.
‘Financial hardship.’ Documentation that payment of the insurance premium for homeowner’s or renter’s liability insurance would cause undue financial hardship for the foster parent or applicant as evidenced by any of the following:

a. The foster parent or applicant is receiving Wisconsin Works payments under s. 49.148, Stats.

b. The foster parent or applicant is receiving supplemental security income under 42 USC 1381 to 1383d.

c. The gross monthly income of the foster parent’s or applicant’s family is below the level at which a monthly payment would be required under the maximum monthly payment schedule for ch. DCF 1.

(d) Waiver request approval. Within 30 days after receipt of a request that is accompanied by the documentation required under par. (c), the licensing agency shall approve or deny the waiver request and notify the applicant or foster parent in writing of its decision and the reasons for the decision.

(e) Documentation. The licensing agency shall retain documentation of the waiver decision.

Note: A foster parent has limited liability under s. 895.485, Stats. This does not mean that the foster parent has no liability. In the event that a foster parent is sued, the foster parent may be liable for any judgment and attorney’s fees.

History

CR 00-020: cr. Register February 2002 No. 554, eff. 3-1-02; corrections in (1) (a) 1., (f) 2., 4. and (5) (c) 5. c. made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; EmR0937: emerg. revisions as in CR 10-021, eff. 1-1-10; CR 10-021: am. (1) (b) 2. and (c) 8., r. and recr. (1) (e) 1. and (f), r. (1) (e) 2. Register September 2010 No. 657, eff. 10-1-10; EmR1050: emerg. renum (1) (b), (c) to be (1) (b) 1., (c) 1. and am., cr. (1) (b) 2., (c) 1. h. to n., 2., eff. 1-1-11; CR 10-148: renum (1) (b), (c) to be (1) (b) 1., (c) 1. and am., cr. (1) (b) 2., (c) 1. h. to n., 2. Register August 2011 No. 668, eff. 9-1-11; CR 16-014: am. (1) (a) 1., r. and recr. (1) (f), cr. (1) (g) Register June 2016 No. 726, eff. 7-1-16; EmR1633: emerg. r. and recr. (1) (a) 1., am. (1) (a) 3., cr. (1) (b) 1. p., (c) 1. o., eff. 11-18-16; CR 16-051: r. and recr. (1) (a) 1., am. (1) (a) 3., cr. (1) (b) 1. p.,(c) 1. o. Register July 2017 No. 739, eff. 8-1-17; CR 21-107: am. (1) (a) 2., (b) 1. e., (c) 2. e., (g) 3., 4., (3) (a), (5) (b) Register June 2022 No. 798, eff. 7-1-22; CR 25-043: r. and recr. Register November 2025 No. 839, eff. 12-1-25; correction in (7) (a) 7. made under s. 35.17, Stats., and (9) (d) (title), (9) (e) (title) created under s. 13.92 (4) (b) 2., Stats., Register November 2025 No. 839.

Wis. Admin. Code § DCF 56.055 Background checks {#sec-dcf-56.055 omnilex-key=us-wi-regs-official--agency-dcf--DCF 56.055}

(1) Provide information.

(a) Before a foster home license is issued or renewed, the applicant and any nonclient resident in the home shall each do all of the following:

Complete and submit to the licensing agency the department’s background information disclosure and written authorization for the licensing agency to make follow-up contact with the Wisconsin department of justice and any other person or organization to determine if there is any reason under sub. (4) why the applicant should not be granted a license or have an existing license renewed.

Note: DCF-F-2978-E, Background Information Disclosure, is available in the forms section of the department website, http://dcf.wisconsin.gov, or by writing to the Division of Safety and Permanence, P.O. Box 8916, Madison WI 53708-8916.

Provide the licensing agency with information on each person’s places of residence during the 5-year period before submission of the license application.

(b) Before an initial foster home license is issued or a license is renewed after a break in licensure, the applicant shall provide the licensing agency or its designated agent with a set of fingerprints sufficiently clear to submit to the Wisconsin department of justice or other law enforcement agency for submission to the national crime information database as provided in s. 48.685 (2) (c) 1., Stats.

(2) Conduct background check. The licensing agency shall do all of the following:

(a) Obtain the information required under s. 48.685 (2) (am), Stats., regarding the applicant and any nonclient resident in the applicant’s home, including the following:

A criminal history search from the records maintained by the department of justice.
Information that is contained in the registry under s. 146.40 (4g), Stats., regarding any findings against the person.
Information maintained by the department of safety and professional services regarding the status of the person’s credentials, if applicable.
Information maintained by the department of health services under s. 48.685, Stats., and under ss. 48.623 (6) (am) 2. and (bm) 5., 48.75 (1m), and 48.979 (1) (b), Stats., regarding any denial to the person of a license, or continuation or renewal of a license to operate an entity, or of payments under s. 48.623 (6), Stats., for operating an entity, for a reason specified in s. 48.685 (4m) (a) 1. to 5., Stats., and regarding any denial to the person of employment at, a contract with, or permission to reside at an entity or of permission to reside with a caregiver specified in s. 48.685 (1) (ag) 1. am., Stats., for a reason specified in s. 48.685 (4m) (b) 1. to 5., Stats. If the information obtained under this subdivision indicates that the person has been denied a license, or continuation or renewal of a license, payments, employment, a contract, or permission to reside as described in this subdivision, the licensing agency need not obtain the information specified in subd. 5. and pars. (b) and (c).

Note: Information on how to conduct an initial search of the records in subds. 1. to 4. is at https://recordcheck.doj.wi.gov. Following the search, the licensing agency will receive a report from the Department of Justice with the results of the criminal records search under subd. 1. and a report from the Department of Health Services with the results of the search of integrated databases with the information under subds. 2. to 4. Further investigation may be required.

a. Information in the department’s child welfare automation system on any final substantiated findings that the person has abused or neglected a child. If the licensing agency does not have access to the department’s child welfare automation system, the licensing agency shall request and obtain the information from the department.

b. Any child protective services records for the person in the department’s child welfare automation system from the 5-year period before the search. If the licensing agency does not have access to the department’s child welfare automation system, the licensing agency shall contact each county in this state in which the person is a resident or was a resident during the 5-year period preceding the date of the search for any child protective services records during that period.

c. If the licensing agency is informed that the person resided outside this state at any time during the 5-year period preceding the date of the search, information in any child abuse or neglect registry maintained by any other jurisdiction in which the person is a resident or was a resident during those 5 years for any findings comparable to a final substantiated finding or any reports that the person abused or neglected a child.

(b) Submit the fingerprints of the applicant under sub. (1) (b) to the Wisconsin department of justice or other law enforcement agency for submission to the national crime information database as provided in s. 48.685 (2) (c) 1., Stats.

Note: A reverse search by address can be done by entering applicant’s address at http://doc.wi.gov/community-resources/offender-registry. The Wisconsin Sex Offender Registry does not contain information on all convicted sex offenders.

(d) Obtain a criminal history records search from any other jurisdiction in which the person is or was a resident if the licensing agency is informed that the applicant or a nonclient resident in the applicant’s home resided outside the state of Wisconsin at any time during the 5-year period preceding the date of the search.

(3) Follow up. Follow-up investigation may be required and may include any of the following:

(a) If the results of the criminal history records search under (2) (a), (b), or (d) indicate a charge of a crime specified in s. 48.685 (1) (c), Stats., or comparable law in any other jurisdiction, but do not completely and clearly indicate the final disposition of the charge, the licensing agency shall make every reasonable effort to contact the appropriate clerk of court to determine the final disposition of the charge.

(b) If the background information disclosure indicates a charge or conviction of a crime specified in s. 48.685 (1) (c), Stats., or comparable law in any other jurisdiction, but the results of the criminal history records search under sub. (2) (a), (b), or (d) do not include the charge or conviction, the licensing agency shall make every reasonable effort to contact the appropriate clerk of court to obtain a copy of the criminal complaint and the final disposition of the complaint.

(c) If the results of the criminal history records search under sub. (2) (a), (b), or (d); the background information disclosure; or any other information indicate that the person was convicted of a violation of s. 940.19 (1), 2023 Stats., s. 940.195, 2023 Stats., s. 940.20, 2023 Stats., or s. 940.204, 2023 Stats., or s. 940.60 (1), 940.61, 940.62, 940.65, 941.30, 942.08, 947.01 (1), 947.013, or 947.016 (1), (2), or (3), Stats., or comparable law in any other jurisdiction, not more than 5 years before the agency obtained the information, the licensing agency shall make every reasonable effort to contact the appropriate clerk of court to obtain a copy of the criminal complaint and judgment of conviction relating to that violation. The licensing agency shall determine whether the circumstances underlying the conviction are substantially related to the care of children or the operation of a foster home under s. 48.685 (5m), Stats., and s. DCF 56.05 (1).

Note: A list of Wisconsin county clerks of court is available at http://www.wicourts.gov/contact/docs/clerks.pdf.

(4) Offenses that are a bar. Unless the person has demonstrated that they have been rehabilitated under s. 48.685 (5) or (5c), Stats., and ch. DCF 12, an applicant or licensee may not hold a license if the applicant or licensee or a nonclient resident in the home meets any of the following conditions:

Note: A table that lists applicable crimes is available on the department website, http://dcf.wisconsin.gov, in the foster care/related statutes and administrative rules section.

(am) The person has been adjudicated delinquent for committing a crime specified in s. 48.685 (1) (c), Stats., or is the subject of a delinquency petition alleging that the person committed a crime specified in s. 48.685 (1) (c), Stats.

(b) A governmental body has made a finding that the person has abused or neglected any client or misappropriated the property of any client.

(d) A finding that is comparable to a final substantiated finding has been made in any other jurisdiction.

(5) Denials or revocation. The licensing agency shall provide the department with information about each person who is denied a license or has a license revoked for a reason specified in sub. (4).

Note: Agencies with direct access to eWiSACWIS, the child welfare automation system, enter the information into the system. Agencies that do not have direct access to eWiSACWIS, provide the information on Form DCF-F-CFS2191, Negative Action Notice, which is available in the forms section of the department’s website, dcf.wisconsin.gov. Send the completed form to Out-of-Home Care Section, DCF/DSP, P.O. Box 8916, Madison, WI 53708-8916.

(6) Rehabilitation review. If an applicant or a nonclient resident in the applicant’s home has been convicted of a crime that is a bar for foster care licensing but is eligible for a rehabilitation review under s. 48.685 (5), Stats., and ch. DCF 12, the licensing agency shall inform the applicant about the option to apply for a rehabilitation review.

Note: The rehabilitation review process and application forms are available on the department website, https://dcf.wisconsin.gov/rehab-review.

History

CR 16-014: cr. Register June 2016 No. 726, eff. 7-1-16; CR 21-107: am. (2) (d), (3) (a), (b), (4) (intro.), r. and recr. (4) (a), cr. (4) (am) Register June 2022 No. 798, eff. 7-1-22; CR 25-043: am. (1) (a) 1., 2., (b), r. and recr. (2), am. (3) (a) to (c), (4) (intro.), (5), cr. (6) Register November 2025 No. 839, eff. 12-1-25; correction in (3) (c) made under s. 13.92 (4) (b) 7., Stats., Register December 2025 No. 840.

Wis. Admin. Code § DCF 56.06 Notification requirements {#sec-dcf-56.06 omnilex-key=us-wi-regs-official--agency-dcf--DCF 56.06}

(1) Phone number. A foster parent shall notify the licensing agency and, if not the same, the supervising agency no later than the end of the next working day after the foster parent’s phone number is changed.

(2) Serious incidents involving a foster child. A foster parent shall notify the licensing agency and, if not the same, the supervising agency within 24 hours after any of the following:

(a) The death of a foster child.

(b) The serious illness or injury of a foster child that requires the services of a medical professional, such as a broken bone, burn, concussion, wound requiring stitches, drug overdose, or the ingestion of poison.

(d) The foster parent has reasonable cause to believe any of the following:

A foster child has been abused or neglected.
A foster child has been threatened with abuse or neglect and it is likely that the foster child will be abused or neglected.

(e) An error in administering medication to a foster child.

(f) A suicide attempt by a foster child.

(g) The unauthorized absence of a foster child from the foster home for longer than 8 hours or for longer than is reasonable given the foster child’s age, maturity, and mental and emotional capacity.

(h) An incident at the foster home or that involves a foster child which requires contact with law enforcement.

(i) A condition or situation that requires the removal of a foster child from a foster home.

(j) The displacement of a foster child due to implementation of the disaster plan required under s. DCF 56.072 (5).

(k) The use of a physical restraint as required under s. DCF 56.09 (15) (e).

(L) Any other serious incident related to a foster child.

(3) Serious incidents involving the foster home. A foster parent shall notify the licensing agency within 24 hours after any of the following:

(a) A fire in the foster home that requires the services of a fire department.

(b) Any physical damage to the foster home or premises that would impact the health or safety of the foster child, including the following:

Structural damage that may affect the safe shelter of the foster child.
Failure in the heating, cooling, electrical, plumbing, or smoke detection system that is not repaired or that cannot be repaired within 24 hours after the failure becomes known.

(4) Background changes.

(a) An applicant or foster parent shall notify the licensing agency within 5 days after any of the following applies to the applicant, foster parent, or a nonclient resident:

The person has been convicted of any crime.
The person is the subject of a pending criminal charge.
The person has been adjudicated delinquent for committing a crime.
The person is the subject of a delinquency petition alleging that the person committed a crime.
A final substantiated finding has been made that the person abused or neglected a child.
A finding that is comparable to a final substantiated finding has been made in any other jurisdiction.
A governmental body has made a finding that the person abused or neglected any client or misappropriated the property of any client.
The person has been or is being investigated by any governmental agency for any other act, offense, or omission, including an investigation related to the abuse or neglect, or threat of abuse or neglect, to a child or other client, or an investigation related to misappropriation of a client’s property.

(b)

An applicant or foster parent shall notify the licensing agency that a person intends to become a nonclient resident in the applicant’s or foster parent’s home as soon as possible before the person begins residing in the home, except as provided under subd. 2.
If a person becomes a nonclient resident in the applicant’s or foster parent’s home without advance notice to the applicant or foster parent, the applicant or foster parent shall notify the licensing agency within 5 days.

(5) Insurance. A foster parent shall notify the licensing agency within 5 days if the foster parent no longer has the vehicle liability insurance required under s. DCF 56.05 (8) or the homeowner’s or renter’s insurance required under s. DCF 56.05 (9).

Note: In addition, licensing or supervising agency approval is required for certain actions related to the care of a foster child under s. DCF 56.09 (4).

History

CR 00-020: cr. Register February 2002 No. 554, eff. 3-1-02; corrections in (8) and (13) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; EmR0937: emerg. am. (12), eff. 1-1-10; CR 10-021: am. (12) Register September 2010 No. 657, eff. 10-1-10; EmR1050: emerg. r. and recr., eff. 1-1-11; CR 10-148: r. and recr. Register August 2011 No. 668, eff. 9-1-11; CR 25-043: r. and recr. Register November 2025 No. 839, eff. 12-1-25.

Wis. Admin. Code § DCF 56.07 Physical environment {#sec-dcf-56.07 omnilex-key=us-wi-regs-official--agency-dcf--DCF 56.07}

(1) General.

(a) A foster home may be a house, apartment, mobile home, or other housing unit used as a residence by a person or family.

(b) A foster parent shall maintain the foster home in a safe and sanitary condition that does not endanger the physical health and safety of the foster child.

(c) The licensing agency may require an inspection of the heating, electrical, plumbing, water, or sewage system for the foster home if expert opinion is necessary to help the agency evaluate the safety of the home.

(d) The licensing agency may require a foster home’s private well water to be tested if the water is used for drinking.

(e) A licensing agency may require that a foster parent take specific actions or have a safety plan to address a safety hazard on the premises or nearby, including a swimming pool, hot tub, body of water, trampoline, manure pit, vehicle traffic, and railroad tracks.

(2) Kitchen. A foster home shall have equipment for the safe preparation, storage, serving, and clean-up of food.

(3) Bath and toilet facilities. A foster home shall have at least one bathroom that contains a toilet, sink, and a shower or bathtub that is operational.

(4) Sleeping Arrangements.

(a) A foster parent shall provide each foster child with clean sleeping supplies, including a bed, mattress, and linens, as appropriate for the foster child’s needs and age.

(b) If a foster child is less than 12 months of age, the following requirements apply to the foster child’s sleeping environment:

The foster child shall sleep alone in a crib, bassinet, bedside sleeper, play yard, or a sleeping device determined by tribal custom. Any sleeping device used by the foster child shall be in safe working condition and may not have been recalled by the manufacturer.
The sleeping space shall be safe for a foster child who is less than 12 months of age with appropriately-sized bedding and free of blankets and other items, such as pillows and stuffed animals.
The foster child may share a bedroom with a foster parent.

(c) A foster child one year of age or older may not regularly share a bedroom with an adult unless any of the following conditions apply:

The foster child and the adult are siblings.
The foster child and the adult were sharing a bedroom prior to one of them turning 18 years of age.
The supervising agency approves based on the foster child’s needs; the foster child has a sleeping space in another bedroom to return to when the needs subside; and if the foster child is 6 years of age or over, the foster child consents.

(d) A foster child may share a bedroom with another child with the approval of the supervising agency and the consent of any foster child who is 6 years of age or over.

(e) A foster parent and a foster child may not share a bed.

(f) Related foster children one year of age or over may share a bed with approval of the supervising agency and the consent of any foster child who is 6 years of age or over. Unrelated foster children may not regularly share a bed.

(g) A foster child may sleep in the middle or top bunk of a bunk bed only if it has a safety rail.

(h) No foster child may regularly sleep in any space or room normally used for communal living.

(i) A foster child’s bedroom shall have a window and adequate space to pass between beds.

(j) A foster child’s bedroom shall have a door for privacy, unless the supervising agency approves of the foster child sleeping in a space without a door and any foster child who is 6 years of age or over consents.

(k) A foster parent or a responsible care provider shall sleep within call of a foster child during the night.

(L) A foster child may regularly sleep in a basement bedroom if all of the following conditions are met:

Exits from the basement comply with s. SPS 321.03 (5).
Access to the basement is appropriate given the foster child’s ambulatory level.

(m) No foster child may regularly sleep in any building, apartment, or other structure on the premises that is separate from the foster home, unless the foster child is of appropriate developmental maturity and consents to this arrangement and the supervising agency approves.

(5) Storage space. A foster parent shall provide storage space for a foster child’s clothing and personal belongings.

(6) Heating.

(a) A foster home shall have a functioning heating system.

(b) Unvented gas, oil, or kerosene space heaters may not be used in a foster home.

(c)

All wood-burning stoves or other alternative heating sources in a foster home, except a fireplace, shall be inspected by a fire safety expert at least biennially and certified as properly installed and maintained as defined by the manufacturer’s recommendations or specifications or other standards utilized by the fire safety expert.
A licensing agency may require an inspection of a fireplace by a fire safety expert.

(7) Access to dangerous materials and objects. A foster parent shall prevent a foster child’s access to medications, poisonous materials, cleaning supplies, alcoholic beverages, and other dangerous materials and objects as appropriate for a foster child’s age and developmental, emotional, and behavioral needs.

(8) Hazardous machinery or equipment.

(a) In this subsection, “hazardous machinery or equipment” means any machine or other equipment generally known to be hazardous to untrained or unskilled operators or to operators who for any other reason are physically or mentally unable to operate the equipment safely, including a motor vehicle, power lawn mower, tractor or other farm machinery or equipment, snowblower, chain saw, power-driven shop tool, snowmobile, all-terrain vehicle, utility-terrain vehicle and any other machinery or equipment determined by the licensing or supervising agency.

(b) No foster child may operate any hazardous machinery or equipment in violation of a law that specifies a minimum age requirement or that is beyond the foster child’s knowledge or mental or physical capability.

(d) A foster child shall be under the general and appropriate supervision of a responsible adult when operating hazardous machinery or equipment.

(e) The licensing or supervising agency may require that a foster child complete a safety course prior to operating hazardous machinery or equipment.

(9) Phone or other communication device.

(a) A foster home shall have at least one operating phone or other communication device capable of completing a phone call accessible to a foster child when the foster child is in the home.

(b) A foster parent shall maintain a comprehensive list of emergency telephone numbers, including poison control, and post those numbers in a prominent place in the foster home.

(10) Pets.

(a) A foster parent shall ensure that a pet is safe to be around a foster child.

(b) Each pet shall be vaccinated in accordance with any state or local law where the foster home is located.

History

CR 00-020: cr. Register February 2002 No. 554, eff. 3-1-02; correction in (4) (g) made under s. 13.93 (2m) (b) 7., Stats., Register December 2003 No. 576; EmR0937: emerg. revisions as in CR 10-021, eff. 1-1-10; CR 10-021: am. (4) (a) 1., 2., (5) (a) and (6) (d) 1., cr. (4) (a) 1m. Register September 2010 No. 657, eff. 10-1-10; EmR1050: emerg. cr. (1m), (2) (b), (3) (d), renum. (2) to be (2) (a) and am., r. and recr. (4) (g), am. (4) (d), (i), (10) (a), eff. 1-1-11; CR 10-148: cr. (1m), (2) (b), (3) (d), renum. (2) to be (2) (a) and am., r. and recr. (4) (g), am. (4) (d), (i), (10) (a) Register August 2011 No. 668, eff. 9-1-11; corrections in (1m), (2) (b) intro.), (3) (d), (4) (g) 1. made under s. 13.92 (4) (b) 7., Stats., Register February 2012 No. 674; CR 25-043: r. and recr. Register November 2025 No. 839, eff. 12-1-25.

Wis. Admin. Code § DCF 56.072 Emergency preparedness {#sec-dcf-56.072 omnilex-key=us-wi-regs-official--agency-dcf--DCF 56.072}

(1) Smoke detector. A foster parent shall have at least one functional smoke detector on each level of the foster home and at least one near each sleeping area.

(2) Fire extinguisher. A foster parent shall have at least one operable fire extinguisher in the home that is readily accessible.

(3) Carbon monoxide detector. A foster parent shall have at least one functional carbon monoxide detector on each level of the foster home, except the attic.

(4) Emergency plans.

(a) Fire safety evacuation. A foster parent shall have a written plan for the immediate and safe evacuation of the foster home in the event of a fire.

(b) Tornado warning. A foster parent shall have an emergency plan that specifies where a foster child will shelter during a tornado warning.

(c) Review and post. The foster parent shall review the fire and tornado safety plans with the foster child and post them in a prominent place in the foster home.

(5) Disaster evacuation plan. A foster parent shall file a disaster plan with the licensing agency that will allow the licensing agency to identify, locate, and ensure continuity of services to a foster child under the placement and care responsibility or supervision of an agency if the foster child is displaced or adversely affected by a disaster. The disaster plan shall include all of the following:

(a) Where a foster parent and foster child would go in an evacuation.

(b) Contact information for a relative or friend who will know where the foster parent and foster child have relocated.

History

CR 25-043: cr. Register November 2025 No. 839, eff. 12-1-25.

Wis. Admin. Code § DCF 56.074 Foster child’s additional needs {#sec-dcf-56.074 omnilex-key=us-wi-regs-official--agency-dcf--DCF 56.074}

(1) Foster home accommodations.

(a) A licensing agency may require modifications to a foster home or other accommodations necessary to meet specific requirements identified by a foster child’s team or treatment team.

(b) If necessary for a foster child to access the foster home, at least one entrance shall be level or ramped in accordance with ch. SPS 362 and in a manner that provides safe access for the foster child.

(c) Doorways and passageways to the common rooms, bathroom, and the foster child’s bedroom shall meet standards relating to accessibility in ch. SPS 362 if the foster child uses a wheelchair, scooter, or walker.

(d) Bathroom facilities shall be readily accessible to a foster child requiring regular use of a wheelchair, scooter, or walker.

(2) Other additional needs.

(a) Notwithstanding s. DCF 56.04 (9), a licensing or supervising agency may impose additional conditions upon a foster parent if the age, trauma history, mental or physical disabilities, impaired judgment, or mobility of a foster child creates additional needs.

(b) If a foster child is nonambulatory, the fire safety evacuation plan required under s. DCF 56.072 (4) (a) shall include the means by which the foster child will be assisted in evacuating the home.

(3) Written conditions. Any condition imposed by the licensing or supervising agency shall be in writing and reviewed jointly by the agency and foster parent before taking effect.

History

CR 25-043: cr. Register November 2025 No. 839, eff. 12-1-25.

Wis. Admin. Code § DCF 56.076 Firearms and other dangerous weapons {#sec-dcf-56.076 omnilex-key=us-wi-regs-official--agency-dcf--DCF 56.076}

(1) Definition. In this section, “dangerous weapon” means any firearm, any electric device designed to immobilize or incapacitate persons by the use of electric current, any spray device designed to immobilize or incapacitate persons by the use of chemicals or other liquids or gases, any device designed as a weapon and capable of producing death or great bodily harm, or any other device or instrument that is calculated or likely to produce death or great bodily harm.

(2) Laws. A foster parent shall comply with all federal, state, and local laws relating to the possession, transportation, and carry of a dangerous weapon.

(3) Safe storage of firearms. A foster parent who is not actively using, transporting, or cleaning a firearm, or exercising their right to carry a concealed handgun under sub. (5), shall store the firearm as provided in par. (a) and either par. (b) or (c) as follows:

(a) Unloaded and locked in an area that is not readily accessible to a foster child.

(b) With one or more of the following secondary safety measures used:

Ammunition is locked in a container separate from the firearm.
Trigger lock is engaged on the firearm.
Cable lock is engaged on the firearm.

(c) In a gun safe made of steel with a secure functioning biometric, electronic, or combination locking mechanism that is designed to store firearms and ammunitions. Ammunition may be locked in the gun safe with the firearm.

(4) Safe storage of other dangerous weapons. A dangerous weapon other than a firearm shall be stored in a locked area that is not readily accessible to a foster child.

(5) Carrying a concealed handgun.

(a) A foster parent may carry a concealed handgun in the presence of a foster child if the foster parent has a license to carry a concealed weapon under s. 175.60, Stats., and carries the handgun using a holster or carry system that ensures that the firearm is in the control of the foster parent at all times.

(b) Notwithstanding the license requirement in par. (a), a foster parent may carry a concealed handgun without a state license in accordance with 18 USC 926B and 18 USC 962C and other applicable law.

(6) Hunting. A foster parent may allow a foster child to hunt in compliance with s. 29.591 or 29.592, Stats., and other applicable law, based on the reasonable and prudent parent standard.

History

CR 25-043: cr. Register November 2025 No. 839, eff. 12-1-25.

Wis. Admin. Code § DCF 56.078 Transportation {#sec-dcf-56.078 omnilex-key=us-wi-regs-official--agency-dcf--DCF 56.078}

(1) A foster parent or other person acting on behalf of the foster parent who transports a foster child for any purpose shall possess a valid driver’s license and vehicle liability insurance.

(2) A foster parent shall provide a foster child’s transportation or ensure the foster child’s access to other private transportation, public transportation, taxi, or ride share, so the foster child can attend medical appointments; visit family; get to and from school; and engage in social, religious, and cultural activities.

(3) A foster parent or person acting on behalf of the foster parent may transport a foster child under the age of 8 years in a private motor vehicle only if the conditions in s. 347.48 (4), Stats., are met.

(4) Each foster child who is not required to be in an individual child car safety seat or booster seat under sub. (3) when being transported shall be properly restrained by a seat belt, unless the foster child cannot be properly restrained in a seat belt because of a physical or medical condition and has obtained a written statement from a licensed physician that meets the requirements in s. Trans 315.03.

(5) If it is anticipated that a foster child will drive the foster parent’s motor vehicle, the foster parent shall ensure that the foster child is insured.

History

CR 25-043: cr. Register November 2025 No. 839, eff. 12-1-25.

Wis. Admin. Code § DCF 56.085 Capacity {#sec-dcf-56.085 omnilex-key=us-wi-regs-official--agency-dcf--DCF 56.085}

(1) Total number of persons receiving care. The number of persons receiving care in a foster home, including the combined total of foster children, children of the foster parent who are minors or less than 19 years of age and in high school, children receiving respite care, other children, and adults who need care may not exceed the following:

(a) In a foster home with a Level 1 to 2 certification, 8 persons.

(b) In a foster home with a Level 3 to 5 certification, 6 persons.

(2) Number of foster children. Care and maintenance may be provided for no more than 6 foster children in a foster home, except as provided in sub. (4) or (5).

(3) Agency or department exceptions panel limit on number of foster children.

(a) A licensing agency may limit the number of foster children placed in a Level l to 4 foster home to fewer than 6.

(b) The department exceptions panel may limit the number of foster children placed in a Level 5 foster home to fewer than 6.

(4) Agency exceptions. A licensing agency may grant an exception to sub. (2) under s. DCF 56.24 (1) and allow up to 8 foster children in a foster home if necessary to maintain any of the following:

(a) A sibling connection.

(b) A parental connection between a minor parent and minor child.

(5) Department exceptions. A licensing agency may apply to the department exceptions panel for an exception to subs. (1) and (2) under s. DCF 56.24 (2) to allow any of the following:

(a) Care of 9 or more individuals in a foster home with a Level 1 or 2 certification, including foster children, in a foster home to maintain a relationship specified in sub. (4) (a) to (c).

(b) Care of 7 or more individuals in a foster home with a Level 3 or 4 certification, including foster children, in a foster home to maintain a relationship specified in sub. (4) (a) to (c).

(6) License modification. The licensing agency shall modify the license to reflect a reduction in the number of foster children in the home if any of the children leave.

History

CR 25-043: cr. Register November 2025 No. 839, eff. 12-1-25.

Wis. Admin. Code § DCF 56.09 Care of a foster child {#sec-dcf-56.09 omnilex-key=us-wi-regs-official--agency-dcf--DCF 56.09}

(1) General. A foster parent shall provide care that meets the following conditions:

(a) Is respectful toward the cultural beliefs, attitudes, and behaviors of a foster child and their family.

(e) Does not discriminate against the child because of the child’s race or cultural identification, sex, age, sexual orientation, color, creed, ancestry, national origin or disability.

(2) Supervision.

(a) A foster parent may not leave a foster child under 10 years of age without supervision by a responsible care provider.

(b) A foster parent shall do all of the following:

Ensure that a foster child receives responsible supervision appropriate to their age, maturity, and abilities.
Use the reasonable and prudent parenting standard to determine whether a foster child may be unsupervised.

(c)

A foster parent may do all of the following:

a. Use a video or audio monitor inside the foster home to monitor a foster child who is under 2 years of age.

b. Use a video or audio monitor inside the foster home to monitor a foster child who is 2 years of age or over only if there is a specific safety need that can only be met through the use of video or audio monitoring and the supervising agency approves.

c. Take a video or audio recording of a social or recreational activity in which a foster child is participating.

A foster parent may not record the video or audio used for monitoring a foster child inside the foster home.

(3) Reasonable and prudent parent standard.

(a) Promote normalcy. A foster parent shall promote normalcy for a foster child by using the reasonable and prudent parent standard when making a decision concerning the foster child’s participation in age or developmentally appropriate extracurricular, enrichment, cultural, and social activities.

(b) Decision-making factors. When applying the reasonable and prudent parenting standard, the foster parent shall consider all of the following:

The health, safety, and best interests of the foster child.
The physical and emotional developmental level of the foster child.
The foster child’s wishes, as gathered by engaging the foster child in an age-appropriate discussion about participation in the activity.
The cultural, religious, and tribal values of a foster child and the foster child’s family. If reasonably possible to do so, the foster parent shall consult with the foster child’s parent, guardian, legal custodian, or Indian custodian about the foster child’s participation in extracurricular, enrichment, cultural, and social activities and the foster child’s cultural, religious, and tribal values, in making decisions concerning the foster child’s participation in those activities, but is not required to consult with the parent, guardian, legal custodian, or Indian custodian about every decision affecting the foster child. If the foster parent is unable to consult with the foster child’s parent, guardian, legal custodian, or Indian custodian, they shall consult with the supervising agency about any cultural, religious or tribal values to be considered.
Court orders and other legal considerations affecting the foster child, including the prohibitions in par. (f).
Potential risks of the activity under consideration.
Whether the foster child has the necessary training and safety equipment to safely participate in the activity under consideration.
Whether participating in the activity will provide an experience that is similar to the experiences of the foster parent’s children and other children in the home.
Developmental activities of peers.
Information on the forms required under ch. DCF 37.

Note: The forms required under ch. DCF 37 are DCF-F-872A-E, Information for Out-of-Home Care Providers, Part A and DCF-F-872B-E, Information for Out-of-Home Care Providers, Part B. Both forms are available on the department website at https://dcf.wisconsin.gov/cwportal/fc/forms.

(c) Indian child. If the foster child is an Indian child, the supervising agency shall ask the foster child’s parent, guardian, or Indian custodian and the Indian child’s tribe about specific tribal values and customs and provide this information to the foster parent.

(d) Conflicting appointments. If an activity that promotes normalcy conflicts with a scheduled family interaction, therapy, or other appointment, the foster parent shall consult with the foster child’s child welfare professional about whether the activity can be accommodated.

(e) Foster child’s hair.

If a foster child is under 12 years of age, the following provisions apply regarding the foster child’s hair:

a. The foster parent may not provide hair care or authorize any hair care services that would significantly change the style, cut, or color of the foster child’s hair without permission from the foster child’s parent, guardian, legal custodian, or Indian custodian.

b. The foster parent may provide hair care or authorize hair care services needed to maintain the style, cut, and color of the foster child’s hair.

A foster child who is 12 years of age or older may make their own hair care decisions without authorization from the foster parent or the foster child’s parent, guardian, legal custodian, or Indian custodian.

(f) Prohibitions. A foster parent may not do any of the following:

Permit the foster child to participate in an activity that would violate a court order or any federal or state statute, rule, or regulation.
Make a decision that conflicts with the foster child’s permanency plan or family interaction plan.
Consent to the foster child’s marriage.
Authorize the foster child’s enlistment in the U.S. armed forces.
Authorize medical, psychiatric, or surgical treatment for the foster child beyond the terms of the consent for medical services authorized by the foster child’s parent, guardian, legal custodian, or Indian custodian.
Represent the foster child in a legal action or make a decision of substantial legal significance.
Determine which school the foster child attends or make a decision for the foster child regarding an educational right or requirement that is provided in federal or state law.
Require or prohibit a foster child’s participation in an age or developmentally appropriate extracurricular, enrichment, cultural, or social activity solely for the foster parent’s own convenience or based solely on the foster parent’s own values.

(4) Agency approval.

(a) A foster parent shall secure approval from the supervising agency before taking a foster child out of state for more than 48 hours.

(b) A foster parent shall secure approval from the supervising agency before making plans for the care of a foster child by any other person in or away from the foster home for more than 72 hours.

(5) Family interaction plan.

(a) A foster parent shall follow the family interaction plan that was developed by the placing agency with input from the foster child’s parent, guardian, or Indian custodian.

(b) The foster parent and the supervising agency shall coordinate transportation for visits required under the family interaction plan.

(6) Personal belongings. Any personal belonging that a foster child had when placed in the foster home, that was purchased on behalf of the foster child with public funds, that the foster child received as a gift or earned, including money, belong to the foster child and the foster child shall take them when the placement ends, unless the items are permanently affixed to the foster home.

(7) Household chores.

(a) A foster parent may require a foster child to share in household chores appropriate to the foster child’s age, degree of maturity, mental capability, health, and physical ability. These duties shall be similar to those required of other children in the home and may not interfere with a foster child’s school attendance, family visits, sleep, studies, or cultural practices or traditions, including religious practices.

(b) A foster parent shall compensate a foster child in the same manner that other children in the home are compensated for household chores or labor that goes beyond household chores.

(c) A foster child may not be expected to perform labor that goes beyond household chores or financially benefits the foster parent without the foster child’s agreement and approval of the foster child’s parent, guardian, legal custodian, or Indian custodian and approval of the supervising agency.

(8) Health of a foster child.

(a) A foster parent shall complete the act of scheduling an appointment with the foster child’s medical provider within the first 30 days after placement, unless the foster child is current on medical well-child checks and vaccinations.

(b) A foster parent shall ensure that the foster child receives medical and dental treatment based on the recommended preventative pediatric health care schedule for continued well-child checks and twice-yearly dental cleanings.

(c) A foster parent shall ensure that a foster child who needs medical, dental, mental, or behavioral health attention receives appropriate and adequate services promptly.

(d) A foster parent may not deny a foster child access to confidential family planning and reproductive health services.

(e)

A foster parent may not smoke or vape or allow another person to smoke or vape in the foster home or in a vehicle when a foster child is present.
Nothing in this paragraph shall be interpreted to interfere with traditional or established spiritual or cultural ceremonies involving the use of tobacco.

(9) Nutrition.

(a) A foster parent shall ensure that a foster child receives food that meets the foster child’s daily nutritional needs.

(b) A foster child shall be given choices in food that are in accordance with the foster child’s cultural practices or dietary preferences, unless a medical provider advises against it and the placing agency maintains documentation from the medical provider.

(c) No foster child may be forced to eat against their wishes except by court order and under the supervision of a medical provider.

(d) A foster parent may not lock or restrict access to food from a foster child unless directed by a medical provider or mental health professional and the placing agency maintains documentation.

(e) A foster parent caring for an infant foster child, birth to 12 months of age, shall follow nutritional guidance provided by the foster child’s medical provider.

(10) Education.

(a) A foster parent shall make every reasonable effort to ensure that a foster child of school age in their care attends school unless otherwise excused by school officials.

(b) A foster parent may not provide a home-based private educational program to a foster child in their care. This does not apply to homebound study under s. 118.15 (1), Stats., or as specified in the foster child’s individualized education program.

(11) Regular child care outside the foster home.

(a) In this section, “unregulated child care provider” means a person the foster parent believes will be a responsible provider of regular child care provided outside the foster home but who does not have a license or certification to provide child care.

(b) A foster parent shall use a child care provider that is licensed under ch. DCF 250, 251, or 252 or certified under ch. DCF 202, except as provided in par. (c).

(c) A licensing agency may grant an exception to par. (b) and allow the foster parent to use an unregulated child care provider if any of the following conditions is met:

There is no licensed or certified child care provider within 15 miles of the foster home.
There is no opening available at any licensed or certified child care provider that is within 15 miles of the foster home, and the foster child has been placed on a waitlist.
The supervising agency determines that care by the unregulated child care provider is in the best interest of the foster child.

(d) Prior to the foster parent using an unregulated provider for regular child care outside the foster home, the licensing agency or supervising agency shall do all of the following:

Complete the background check under s. 48.685 (2) (am), Stats., for the unregulated child care provider and under s. 48.685 (2) (b), Stats., for any nonclient resident of the unregulated child care provider who will have regular, direct contact with the foster child.
Verify that the unregulated child care provider is not providing child care for more than 3 unrelated children under the age of 7 for compensation for less than 24 hours per day.
Obtain the unregulated child care provider’s agreement to abide by subs. (2) (a) and (b) 1., (14), and (15).

(12) Care of others in the foster home.

(a) A foster parent may combine the care of a foster child with the care of other nonrelated children or adults only with the written approval of the licensing agency and any other certification or licensing agency.

(b) Prior to granting approval under par. (a), the licensing agency shall confer with any other certification or licensing agency and may approve the request only if the foster parent presents satisfactory evidence that the additional activities will not interfere with the quality or manner of care provided to the foster child.

(13) Search.

(a) A foster parent may search a foster child’s sleeping area and belongings, and other storage space used by the foster child without the foster child’s consent if the foster parent believes the search is necessary to prevent harm to the foster child or another person.

(b) The foster parent shall share information about the search with the supervising agency and licensing agency.

(14) Discipline.

(a) When deciding on the appropriate disciplinary action for a foster child, including the use of timeouts, the foster parent shall consider the foster child’s trauma history; age; and cognitive, emotional, physical, and behavioral capacities to understand and learn age-appropriate behaviors.

(b) A foster parent may restrict a foster child’s access to the foster parent’s or foster child’s phone, tablet, or other device as a consequence provided that the foster parent allows the foster child to communicate with their family, service providers and others associated with their placement, and their attorney or guardian ad litem.

(c) A foster parent may not punish a foster child by depriving them of their basic needs, including food, sleep, clothing, toileting access, and interactions with their family.

(d) A foster parent may not subject any foster child to verbal abuse, profanity, humiliation, or derogatory remarks about the foster child or the foster child’s family or to threats to expel the foster child from the foster home.

(e)

In this paragraph, “physically punish” means inflicting any kind of physical pain or discomfort on a foster child, including hitting, slapping, spanking, punching, shaking, kicking, biting, or washing out a foster child’s mouth with soap.
A foster parent may not do any of the following:

a. Physically punish a foster child.

b. Lock a foster child in any enclosure, room, closet, or other part of the foster home or elsewhere on the premises.

c. Restrain a foster child using any physical apparatus that interferes with the free movement of their limbs and body.

(15) Physical restraint.

(a) A foster parent may not use any type of physical restraint on a foster child unless the foster child’s behavior presents an imminent danger of harm to self or others and physical restraint is necessary to contain the risk and keep the foster child and others safe.

(b) A foster parent shall attempt other feasible alternatives to de-escalate a foster child and situation before using physical restraint.

(c) A foster parent may not use physical restraint as disciplinary action, for the convenience of the foster parent, or for therapeutic purposes.

(d) If physical restraint is necessary under par. (a), a foster parent may only use the physical restraint in the following manner:

With the least amount of force necessary and in the least restrictive manner to manage the imminent danger of harm to self or others.
That lasts only for the duration of time that there is an imminent danger of harm to self or others.
That does not include any of the following:

a. Any maneuver or technique that does not give adequate attention and care to protection of the foster child’s head.

b. Any maneuver that places pressure or weight on the foster child’s chest, lungs, sternum, diaphragm, back, or abdomen causing chest compression.

c. Any maneuver that places pressure, weight, or leverage on the neck or throat, on any artery, or on the back of the foster child’s head or neck, or that otherwise obstructs or restricts the circulation of blood or obstructs an airway, such as straddling or sitting on the foster child’s torso.

d. Any type of choke hold.

e. Any technique that uses pain inducement to obtain compliance or control, including punching, hitting, hyperextension of joints, or extended use of pressure points for pain compliance.

f. Any technique that involves pushing on or into a foster child’s mouth, nose, or eyes, or covering the foster child’s face or body with anything, including soft objects, such as pillows, washcloths, blankets, and bedding.

Notwithstanding subd. 3. f., if a foster child is biting themself or another person, a foster parent may use a finger in a vibrating motion to stimulate the foster child’s upper lip and cause the foster child’s mouth to open and may lean into the bite with the least amount of force necessary to open the foster child’s jaw.

(e) A foster parent shall report the use of any physical restraint to the licensing agency as soon as possible but no later than 24 hours after the imminent danger has been resolved. The report shall include a description of the situation that led to the use of restraint, the nature of the restraint that was used, any follow-up actions that were taken, any injuries that may have resulted from use of the restraint, and any additional information required by the licensing agency.

(16) Confidentiality. A foster parent and household members having access to confidential information about a foster child and their family may not discuss or otherwise disclose that information to any other person while the foster child is in the foster home or after the foster child leaves the foster home, except as follows:

(a) To the licensing, supervising, or placing agency.

(b) To another foster parent or respite provider as authorized by the agency, such as when another foster parent is being considered as a placement for the foster child or the person is providing respite care for the foster child.

(d) As otherwise provided by law.

Note: Disclosure of confidential information is governed by ss. 48.78 and 48.981 (7), Stats., and other state and federal laws and regulations.

History

CR 00-020: cr. Register February 2002 No. 554, eff. 3-1-02; corrections in (2) (c) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; EmR0937: emerg. revisions as in CR 10-021, eff. 1-1-10; CR 10-021: am. (1) (d), (g), (m), (2) (a), (g), (3) (a), (4) (b), (5) (f), (11) (a) 4. and 8., cr. (1m), r. and recr. (7) Register September 2010 No. 657, eff. 10-1-10; EmR1050: emerg. cr. (1) (am), (bm), (cm), (dm), (em), (fm), (gm), (hm), (o), (1g), (1m) (d) to (g), (4) (dm), (g), (10) (g), am. (1) (h), (1m) (b), (c), (2) (a), (4) (e), r. and recr. (2) (c), r. (2) (h), (i), eff. 1-1-11; CR 10-148: cr. (1) (am), (bm), (cm), (dm), (em), (fm), (gm), (hm), (o), (1g), (1m) (a) (title), (b) (title), (c) (title), (d) to (g), (4) (dm), (g), (10) (g), am. (1) (h), (1m) (b), (c), (2) (a), (4) (e), r. and recr. (2) (c), r. (2) (h), (i) Register August 2011 No. 668, eff. 9-1-11; EmR1414: emerg. cr. (1m) (cm), eff. 8-1-14; CR 14-054: am. (1m) (b), (c), cr. (1m) (cm) Register April 2015 No. 712, eff. 5-1-15; EmR1633: emerg. am. (2) (e), cr. (2m), (11) (a) 10., eff. 11-18-16; CR 16-051: am. (2) (e), cr. (2m), (11) (a) 10. Register July 2017 No. 739, eff. 8-1-17; correction in numbering in (2m) (e) 1., 2. made under s. 13.92 (4) (b) 1., Stats., Register July 2017 No. 739; CR 21-107: am. (1) (i), (2m) (a), (b) (intro.), (5) (d), (6) (b), (7), (9) (b), (c), (12) (intro.) Register June 2022 No. 798, eff. 7-1-22; CR 25-043: r. and recr. Register November 2025 No. 839, eff. 12-1-25; correction in (3) (b) 5. made under s. 13.92 (4) (b) 7., Stats., Register December 2025 No. 840.

Wis. Admin. Code § DCF 56.10 Hearings {#sec-dcf-56.10 omnilex-key=us-wi-regs-official--agency-dcf--DCF 56.10}

(1) Types of appeals. An applicant or foster parent may request a hearing under ch. 227, Stats., to appeal any of the following decisions by a licensing agency:

(a) The denial of an application for an initial license, license renewal, or license modification.

(b) The revocation of an existing license.

Note: The appeal rights described in this section relate only to licensure decisions. Foster parents also have appeal rights for nonlicensure decisions as provided under s. 48.64 (4), Stats., and ch. HA 3 rules. Any circuit court decision regarding a placement or a placed child is not appealable by the foster parent under this section.

(2) Request for a hearing. A request for a hearing shall be in writing and shall be addressed to division of hearings and appeals. The date of the request for a hearing shall be the date on which the request is received by that office. Any request for a hearing shall be received no more than 10 days after the date of the notice of the licensing agency’s decision.

Note: A request for a hearing may be mailed to Division of Hearings and Appeals, P.O. Box 7875, Madison, WI 53707-7875; faxed to (608) 264-9885; or delivered to 4822 Madison Yards Way, Madison, WI 53705.

(3) Arrangements for a hearing. In response to a request for a hearing under this section, the division of hearings and appeals shall appoint a hearing examiner, set a date for the hearing and notify the parties in writing at least 10 days before the hearing of the date, time, and place of the hearing and of the procedures to be followed.

(4) Appeal of a license revocation.

(a) Revocation remains effective during appeal process. A license revocation shall be effective as of the date of the revocation notice and shall remain in effect regardless of a pending appeal, unless the revocation is overturned by the division of hearing and appeals or rescinded by the licensing agency.

(b) If a revocation is overturned.

‘Unexpired license.’ If a revocation is overturned by the division of hearings and appeals and the foster parent’s license to operate a foster home did not expire while the appeal was pending, the licensing agency shall reinstate the person’s prior license with the original expiration date.
‘Expired license.’ If a revocation is overturned by the division of hearings and appeals after the person’s license to operate a foster home has expired, the person may apply for a renewal license under s. DCF 56.04 (3) within 30 days after the date of the decision overturning the revocation. The person shall provide new fingerprints for the background check under s. DCF 56.055 (1) (b) due to the gap in licensure.

(5) Appeal of the denial of a license renewal. The provisions of sub. (4) (b) also apply to an appeal of the denial of a license renewal that is overturned by the division of hearings and appeals.

History

CR 00-020: cr. Register February 2002 No. 554, eff. 3-1-02; CR 10-021: am. (2) Register September 2010 No. 657, eff. 10-1-10; CR 25-043: r. and recr. Register November 2025 No. 839, eff. 12-1-25; correction in (4) (b) 1. made under s. 13.92 (4) (b) 6., Stats., Register November 2025 No. 839.

Wis. Admin. Code § DCF 56.12 Information for foster parents {#sec-dcf-56.12 omnilex-key=us-wi-regs-official--agency-dcf--DCF 56.12}

Prior to or at the time of issuing an initial or subsequent license to operate a foster home, the licensing agency shall provide each foster parent with all of the following:

(1) Foster parent handbook. A foster parent handbook prescribed by the department that includes information on all of the following topics:

(a) The child welfare and juvenile court systems.

(b) The purpose of foster care.

(d) The requirement for a foster parent to report child abuse or neglect under s. DCF 56.06 (2) (d).

(e) Developing and maintaining family connections.

(f) Caring for foster children, including attachment, child development, grief, loss, trauma, discipline of foster children, and independent living skills.

(2) Brochures. A brochure prescribed by the department on each of the following topics:

(a) The foster parent insurance program and how to file a claim under that program.

(b) The foster care reimbursement and rate structure, including the clothing allowance.

(3) Resources. Information about resources for foster parents, including the availability of respite care services and how foster parents can access those services.

Note: The publications DCF-P-5000, Foster Parent Handbook; DCF-P-PFS2010, Foster Parent Insurance Program; DCF-P-PFS0142, Understanding the Uniform Foster Care Rate; and DCF-P-5105, Reasonable and Prudent Parent Standard, are available on the department’s website at https://dcf.wisconsin.gov/cwportal/fc/forms.

History

CR 00-020: cr. Register February 2002 No. 554, eff. 3-1-02; EmR0937: emerg. r. and recr. eff. 1-1-10; CR 10-021: r. and recr. Register September 2010 No. 657, eff. 10-1-10; correction to numbering made under s. 13.92 (4) (b) 1., Stats., Register September 2010 No. 657; correction in (1) (e) made under s. 13.92 (4) (b) 7., Stats., Register August 2011 No. 668; EmR1633: emerg. cr. (1) (h), eff. 11-18-16; CR 16-051: cr. (1) (h) Register July 2017 No. 739, eff. 8-1-17; CR 25-043: r. and recr. Register November 2025 No. 839, eff. 12-1-25.

Wis. Admin. Code § DCF 56.13 Foster home level of care certification for Levels 1 to 4 {#sec-dcf-56.13 omnilex-key=us-wi-regs-official--agency-dcf--DCF 56.13}

(2) Certification. A licensing agency shall certify each foster home for a level of care under subs. (3) to (6) commensurate with the foster parent’s knowledge, training, skills, experience, and relationship to the child in accordance with the licensing agency’s programming and capacity.

(3) Level 1 foster home.

(a) Specific child. A licensing agency may grant a Level 1 certification only to a foster home operated by a foster parent who has a previous or existing relationship with a foster child or the foster child’s family and who is not a relative or like-kin to the foster child.

(b) Training. Each foster parent who operates a Level 1 foster home shall complete a minimum of 6 hours of preplacement training under s. DCF 56.14 (6) before or after the placement of a foster child but no later than 6 months after the date of initial licensure.

(4) Level 2 foster home.

(a) Training.

Each foster parent who operates a Level 2 foster home shall complete a minimum of 6 hours of preplacement training under s. DCF 56.14 (6) before or after initial licensure but prior to the placement of any foster child in the home.
Each foster parent who operates a Level 2 foster home shall complete a minimum of 30 hours of initial licensing training under s. DCF 56.14 (7) during the initial licensing period.
Each foster parent who operates a Level 2 foster home shall complete 10 hours of ongoing training under s. DCF 56.14 (8) in each 12-month period of licensure subsequent to the initial licensing period.

(b) References. An applicant for certification to operate a Level 2 foster home shall submit at least 3 favorable reference letters written by persons unrelated to the applicant. A reference letter shall include a statement indicating how long the person giving the reference has known the applicant, under what circumstances the person knows the applicant, and the person’s knowledge of the applicant’s characteristics under s. DCF 56.05 (6) (a).

(5) Level 3 foster home.

(a) Experience. An applicant for certification to operate a Level 3 foster home shall have at least 3 of the following:

A minimum of one year of experience as a foster parent or kinship care provider.
A minimum of 5 years of experience working with or parenting children.
A minimum of 500 hours of experience as a respite provider for children under the supervision of a human services agency.
A high school diploma or the equivalent.
A college, vocational, technical, or advanced degree in the area of a foster child’s treatment needs, such as nursing, medicine, social work, or psychology.
Work or personal experience for which the applicant has demonstrated the knowledge, skill, ability, and motivation to meet the needs of a foster child with a level of need of 3.

(b) Training.

Each foster parent who operates a Level 3 foster home shall complete a minimum of 36 hours of preplacement training under s. DCF 56.14 (6d).
Each foster parent who operates a Level 3 foster home shall complete a minimum of 24 hours of initial licensing training under s. DCF 56.14 (7e) during the initial licensing period.
Each foster parent who operates a Level 3 foster home shall complete 18 hours of ongoing training under s. DCF 56.14 (8) in each 12-month period of licensure subsequent to the initial licensing period.

(c) References. An applicant for certification to operate a Level 3 foster home shall submit at least 4 favorable reference letters, as follows:

Three of the letters shall be written by persons unrelated to the applicant. At least one of these reference letters shall be regarding the applicant’s qualifications under par. (a), excluding par. (a) 4.
The fourth favorable reference letter shall be from a relative, preferably from an adult child if applicable.
Each reference letter shall include a statement indicating all of the following:

a. How long the person giving the reference has known the applicant.

b. Under what circumstances the person knows the applicant.

c. The person’s knowledge of the applicant’s characteristics under s. DCF 56.05 (6).

(6) Level 4 foster home.

(a) Experience. An applicant for certification to operate a Level 4 foster home shall have at least 4 of the following:

A minimum of one year of experience as a foster parent or kinship care provider caring for a child who has a level of need of 3 or greater.
A minimum of 5 years of experience working with or parenting children.
A minimum of 500 hours of experience as a respite provider for children under the supervision of a human services agency.
A high school diploma or the equivalent.
A college, vocational, technical, or advanced degree in the area of a foster child’s treatment needs, such as nursing, medicine, social work, or psychology.
Work or personal experience for which the applicant has demonstrated the knowledge, skill, ability, and motivation to meet the needs of a foster child with a level of need of 4.

(b) Training.

Each foster parent who operates a Level 4 foster home shall complete a minimum of 40 hours of preplacement training under s. DCF 56.14 (6d).
Each foster parent who operates a Level 4 foster home shall complete a minimum of 30 hours of initial licensing training under s. DCF 56.14 (7e) during the initial licensing period.
Each foster parent who operates a Level 4 foster home shall complete 24 hours of ongoing training under s. DCF 56.14 (8) in each 12-month period of licensure subsequent to the initial licensing period.

(c) References. An applicant for certification to operate a Level 4 foster home shall submit at least 4 favorable reference letters as follows:

Three of the letters shall be written by persons unrelated to the applicant. At least one of these reference letters shall be regarding the applicant’s qualifications under par. (a), excluding par. (a) 4.
The fourth favorable reference letter shall be from a relative, preferably from an adult child if applicable.
Each reference letter shall include a statement indicating all of the following:

a. How long the person giving the reference has known the applicant.

b. Under what circumstances the person knows the applicant.

c. The person’s knowledge of the applicant’s characteristics under s. DCF 56.05 (6).

History

EmR0937: emerg. cr. eff. 1-1-10; CR 10-021: cr. Register September 2010 No. 657, eff. 10-1-10; EmR1050: emerg. renum. (1) to be (1) (a), (b) and am., cr. (1) (c), (5) to (8), am. (title), (1) (title), (2), (3), (4) (title), (a) 1., 2., 3., (b), eff. 1-1-11; CR 10-148: renum. (1) to be (1) (a), (b) and am., cr. (1) (c), (5) to (8), am. (title), (1) (title), (2), (3), (4) (title), (a) 1., 2., 3., (b) Register August 2011 No. 668, eff. 9-1-11; correction in (7) (h) 4., 5. made under s. 13.92 (4) (b) 1., Stats., Register August 2011 No. 668; correction in (7) (f) 6. a. and 9. under s. 13.92 (4) (b) 1., Stats., Register June 2016 No. 726; EmR1633: emerg. cr. (7) (e) 1. g., h., am. (7) (f) 3., eff. 11-18-16; CR 16-051: cr. (7) (e) 1. g., h., am. (7) (f) 3. Register July 2017 No. 739, eff. 8-1-17; CR 21-107: am. (4) (b), (5) (a) 1. a., (c) 2. b., c., (6) (a) 1. a., (c) 2. b., (7) (f) 6. a., d., 9., (8) (b) Register June 2022 No. 798, eff. 7-1-22; CR 25-043: am. (title), r. (1), am. (2), r. and recr. (3), am. (4) (title), renum. (4) (a) 1. a. to (4) (a) 1. and am., r. (4) (a) 1. b., am. (4) (b), r. and recr. (5) (title), (a), am. (5) (b) 1., r. and recr. (5) (c), (6) (title), (a), am. (6) (b) 1., r. and recr. (6) (c), r. (7), (8) Register November 2025 No. 839, eff. 12-1-25.

Wis. Admin. Code § DCF 56.135 Level 5 foster homes {#sec-dcf-56.135 omnilex-key=us-wi-regs-official--agency-dcf--DCF 56.135}

(1) Development.

(a) Need for Level 5. A licensing, placing, or supervising agency may consider developing a Level 5 foster home if the following circumstances exist:

A placement is needed for a child with all of the following conditions:

a. The child has behaviors or conditions that require a high degree of supervision and overnight awake care by program staff who rotate shifts within a 24-hour period.

b. The child will benefit from a home-like environment that has fewer children than a group home or residential care center for children and youth.

c. The child is expected to need long-term care or a similar care setting as an adult or has needs agreed to by the department.

All other community placement options have been investigated and determined to not be in the best interest of the child.

(b) Preapproval to begin child-specific planning for a Level 5 foster home. Prior to submitting an application for certification of a Level 5 foster home, a licensing agency or placing agency or supervising agency shall submit a completed form prescribed by the department to request preapproval from the department Level 5 panel to begin the development of a Level 5 foster home for the specific child meeting the conditions in par. (a).

Note: DCF-F-5177-E, Preapproval to Begin Child Specific Planning for Level 5 Foster Home, is available on the department’s website at https://dcf.wisconsin.gov/cwportal/fc/forms.

If preapproval under par. (b) is granted, the licensing agency, in collaboration with the placing agency, supervising agency, and the proposed foster parent, shall submit the following information to the department Level 5 panel to request certification of a Level 5 foster home:

a. A completed application form prescribed by the department.

b. Information on the specific child to be placed in the foster home.

c. A description of the programming and services that the foster parent and program staff will provide for the foster child.

d. The qualifications of the proposed foster parent to meet the needs of the specific child to be placed in the home.

e. The qualifications of the proposed program staff to meet the needs of the specific child to be placed in the foster home and the proposed program staff-to-child ratios.

f. A crisis or behavioral support plan specific to the child to be placed in the foster home.

Note: DCF-F-2559-E-E, Initial Application for Certification and Child Placement, is available on the department’s website at https://dcf.wisconsin.gov/cwportal/fc/forms.

The licensing agency, in collaboration with the placing agency, supervising agency, and the proposed foster parent, shall participate in a site visit with the department and other persons on the child’s treatment team. The site visit may be in person or virtual as determined by the department. All of the following shall be discussed at the site visit:

a. The plan for the child’s transition to the Level 5 foster home and integration into the community.

b. The plan to support the child’s educational needs.

c. The programs and services that the child will be engaged in while placed in the Level 5 foster home, both formal and informal.

d. The family interaction plan.

e. If the child is age 16 or over, the plan for the child’s transition to adult care.

The department Level 5 panel shall, in writing, indicate its approval or denial of an application to operate a Level 5 foster home within 20 working days after the department receives the application from the licensing agency and has all the information required to make its decision.

(d) Interagency memorandum of understanding. If a requirement in this chapter is not designated as the responsibility of a licensing agency, placing agency, or supervising agency, all agencies involved in providing care and maintenance, supervision, or services for a foster child placed in a Level 5 foster home shall enter a memorandum of understanding to determine responsibility for all requirements for which responsibility is not designated.

(2) Licensing agency responsibilities. The licensing agency shall do all of the following:

(a) Ensure that each Level 5 foster home has a foster parent qualified to operate the foster home.

(b) In conjunction with the foster parent, placing agency, and supervising agency, oversee program development and operation of the Level 5 foster home and do all of the following:

Review the appropriateness of admission of each child to the Level 5 foster home.
Participate in developing, reviewing, and updating each foster child’s assessments and treatment plans.
Provide technical assistance to the foster parent on the development, supervision, and support of program staff.
Periodically review and update the Level 5 foster home policies and procedures.

Completed background information disclosures and background check results documenting that the background check requirements under s. 48.685, Stats., and s. DCF 56.055 are met.
Documentation that the foster parent and program staff have completed the training and orientation required under subs. (6) (b) and (7) (j) and (k).

(3) Placements into a level 5 foster home.

(a) Last community option. The licensing agency and foster parent shall only consider placing a child into a Level 5 foster home as the last community placement option when the conditions in s. DCF 56.135 (1) (a) 1. and 2. are met.

(b) Compatibility with other children. Before a new child is placed in a Level 5 foster home, the licensing agency and the foster parent shall evaluate the compatibility of this child with each foster child currently placed in the home. The placement of a child in a Level 5 foster home may not displace or endanger the health, safety, or well-being of any foster child currently placed in the foster home.

(c) Foster child who is medically fragile or technology dependent. The licensing agency and the foster parent shall ensure that the treatment plan for a foster child who is placed in a Level 5 foster home includes emergency medical protocols if the foster child meets any of the following conditions:

Has an ongoing need for skilled services that support basic life functions necessary for survival.
Is dependent on technology to compensate for the loss of a vital body function.

(d) Waiver funding. The licensing agency shall notify the department of health services if an application is submitted to support a child’s placement in a Level 5 foster home with funding under the disabled children’s long-term support program as defined in s. 46.011 (1g), Stats.

(5) Respite care. A Level 5 foster home may only provide respite care to a foster child who was previously placed in the foster home or a foster child specifically identified and approved by the department Level 5 panel on a planned basis.

(6) Foster parent.

(a) Qualifications. In addition to requirements in s. DCF 56.05, the foster parent of a Level 5 foster home shall have the following qualifications:

‘Management experience.’ The foster parent of a Level 5 foster home shall have either of the following:

a. Experience managing staff or a business.

b. A professional development plan to develop management and supervisory skills.

‘Education or experience in human services.’ The foster parent of a Level 5 foster home shall have at least one of the following:

a. An associate’s degree or higher from an accredited college or university.

b. A minimum of one year of supervised full-time work experience in an out-of-home care program or assisted living program with children or adults.

c. A minimum of 2 years of personal experience caring for a person who has needs similar to the population to be served.

(b) Training. The foster parent of a Level 5 foster home shall complete the following training:

A minimum of 40 hours of preplacement training under s. DCF 56.14 (6p).
A minimum of 30 hours of initial licensing training under s. DCF 56.14 (7s) during the initial licensing period.
A minimum of 24 hours of ongoing training under s. DCF 56.14 (8) (b) in each 12-month period of licensure subsequent to the initial licensing period.

Working in conjunction with the licensing agency, placing agency, and supervising agency as specified in subs. (1) (c) and (2) (b).
Overseeing the day-to-day operations of the Level 5 foster home, including hiring, training, and evaluating program staff.
Providing oversight and guidance to program staff.
Participating in the foster child’s treatment team and assuming primary responsibility for implementing the in-home care and treatment strategies specified in the foster child’s treatment plan.
Having an in-person contact with a foster child placed in the foster home a minimum of once per week for the duration of the foster child’s placement. The contacts shall provide opportunities for the foster parent and foster child to engage in parent-child interactions, such as doing homework, playing games, and going on community outings to create a home-like setting for the foster child.
Ensuring that program staff are promoting normalcy for each foster child placed in the foster home by applying the reasonable and prudent parent standard when making decisions concerning a foster child’s participation in age or developmentally appropriate extracurricular, enrichment, cultural, and social activities under s. DCF 56.09 (3).
Ensuring that program staff have access to the information needed to make decisions concerning a foster child’s participation in age or developmentally appropriate extracurricular, enrichment, cultural, and social activities under s. DCF 56.09 (3).

(d) Shift-staffed foster home. A foster parent may do any of the following only if the foster home has a Level 5 certification:

Live in a residence that is not the foster home.
Provide less than 50 percent of a foster child’s care.

(7) Program staff.

(a) Staff-to-child ratios. A Level 5 foster home shall have program staff in sufficient numbers to meet the following staff-to-child ratios:

One program staff person for every 2 children during waking hours.
One program staff person for every 4 children during sleeping hours.

(b) Ratios as minimum. A licensing, placing, or supervising agency or the department may require the number of program staff on duty to be higher than the minimum requirements in par. (a) as necessary to meet the needs of each foster child and to ensure their safety and welfare.

(c) Responsibilities. Program staff shall be responsible for daily supervision of each foster child and to provide direct care to each foster child to ensure their safety and well-being, including promoting normalcy under s. DCF 56.09 (3).

(d) Qualifications. A program staff person shall have at least one of the following qualifications:

An associate’s degree or higher from an accredited college or university.
Current enrollment in and regularly attending an accredited college or university.
A minimum of one year of supervised, full-time work experience in an out-of-home care program or assisted living program with children or adults.
Certification as a child and youth care worker under the standards of the Wisconsin Association of Child and Youth Care Professionals or other department-recognized certifying authority.

Note: Information on the Wisconsin Association of Child and Youth Care Professionals is available at https://wacycp.org/.

Personal experience with a person who has needs similar to the population to be served.
Skills and personal characteristics that relate to caring for a foster child who has needs similar to the population served.

(e) Age. A program staff person shall be at least 18 years of age.

(f) Hiring and employment. Before an applicant for a program staff position in a Level 5 foster home begins employment, the foster parent or the licensing agency shall do all of the following regarding the applicant:

Conduct and document a background check pursuant to s. 48.685, Stats., and s. DCF 56.055.
Make a determination that the applicant has not had a license to operate a foster home, group home, or residential care center for children and youth revoked or denied within the last 2 years.
Obtain favorable references from at least 3 non-relatives.
Make a determination that the applicant has the capacity to successfully nurture and care for children and does not have a history of a civil action, criminal conviction, or administrative rule violation that is substantially related to the care of a child or a history of exercising unsound judgment or abuse of alcohol or drugs.

Note: For help in determining whether a civil action, criminal conviction, or administrative rule violation is substantially related to the care of children, consult s. DCF 12.06.

If the foster parent and licensing agency do not agree that a program staff person meets the qualifications to work in the Level 5 foster home, the licensing agency shall make the final hiring decision.
The foster parent shall provide the licensing agency with the program staff records, including documentation that the hiring and employment requirements for program staff are met.

(g) Health exam. Upon hire and prior to working with a foster child, the foster parent shall require each program staff person to provide a statement from a medical provider that the program staff person meets the minimum physical requirements of the position and is in general good health. The statement shall be based on a medical examination performed within the previous 12 months.

(h) Health concerns. If a licensing agency or the department has reason to believe that the physical or mental health of a program staff person may pose a threat of harm to a foster child or to the quality and manner of their care or that the program staff person is not able to provide responsible care for a foster child, the licensing agency or the department may require that the program staff person submit a written statement from a medical provider or, if appropriate, a licensed mental health professional on the physical or mental condition of the program staff person and the possible effect of that condition on the foster home or a foster child in care.

(i) Background check. The foster parent shall require each program staff person to complete a background information disclosure form designated by the department and shall conduct a background check under s. 48.685, Stats., and s. DCF 56.055 every 4 years or at any time within that period.

(j) New hire training and orientation. Each program staff person who provides care for a foster child in a Level 5 foster home shall complete the following training and orientation prior to working independently with a foster child:

A minimum 40 hours of training on the following topics:

a. The standardized curriculum under s. DCF 56.14 (6).

b. The topics listed in s. DCF 56.14 (6p) (b) to (j).

Fifteen hours of child-specific or population-specific training, orientation, or observation.

(k) Ongoing training. Each program staff person who provides care for a foster child in a Level 5 foster home shall complete a minimum of 24 hours of ongoing training that abides by the conditions in s. DCF 56.14 (8) (b) in each year of employment subsequent to the initial year of employment.

(8) Volunteers. Each volunteer used by a Level 5 foster home shall be supervised by a program staff person and may not work independently with a foster child. Before a volunteer may begin performing activities, the foster parent shall do all of the following:

(a) Notify the licensing agency.

(b) Require the volunteer to complete a background information disclosure form designated by the department and shall conduct a background check under s. 48.685, Stats., and s. DCF 56.055 every 4 years or at any time within that period.

(c) Orient the volunteer to the activities that the volunteer may perform as specified in the foster home’s personnel policies and procedures.

(d) Require each volunteer to maintain in confidence all information about the foster child and the foster child’s family.

History

CR 25-043: cr. Register November 2025 No. 839, eff. 12-1-25; correction in (6) (c) 1. made under s. 35.17, Stats., and renumber (8) 1. to 4. to be (8) (a) to (d) under s. 13.92 (4) (b) 1, Stats., Register November 2025 No. 839; correction in (7) (j) 1. a. made under s. 13.92 (4) (b) 7., Stats., Register December 2025 No. 840.

Wis. Admin. Code § DCF 56.14 Foster parent training {#sec-dcf-56.14 omnilex-key=us-wi-regs-official--agency-dcf--DCF 56.14}

(3) Qualifications of trainers. Persons preparing or presenting materials for foster parent training shall have expertise in the subject matter as evidenced by prior experience or education, an ability to communicate their knowledge, and demonstrated cultural competence.

Note: See also s. DCF 56.14 (6d) (b) and (7) (b).

(4) Training expenses.

(a) The department shall provide funds to county agencies and, in a county with a population of more than 750,000, the department, to enable foster parents to attend training. The funds may be used for materials, fees, transportation, and child care expenses incurred to attend training that is required or approved under this section or s. DCF 56.13.

(b) A licensing agency may not require a foster parent to pay to attend training under this section.

(5) Training requirements.

(a) Level of care certification. Each foster parent identified on the license to operate the foster home shall complete any preplacement, initial licensing, or ongoing training required for the foster home’s level of care certification under s. DCF 56.13, except as provided in par. (c).

(c) Proposed adoptive parent. A foster parent who is licensed solely for the purpose of adoption of a domestic infant under s. 48.837, Stats., or a foreign child under s. 48.839 or 48.97, Stats., will not be required to complete the training in this section if the foster parent completes the pre-adoption preparation training required under ch. DCF 51.

(6) Preplacement training for Levels 1 and 2. The department shall develop and provide a standardized curriculum for preplacement training for a foster parent who operates a foster home with a Level 1 or 2 certification that is in accordance with s. 48.67 (1m) (d) 1., Stats., and includes medication administration and first aid, including cardiopulmonary resuscitation for a child of the age of any foster child that may be placed in the foster home.

(6d) Preplacement training for Level 3 and 4.

(a) The preplacement training for a foster parent who operates a Level 3 or Level 4 foster home shall include the standardized curricula provided under subs. (6) and (7) (a).

(b) Trainers for the portion of the Level 3 or Level 4 preplacement training standardized curriculum that is provided under sub. (7) (a) shall include a foster or adoptive parent, foster child, or birth parent.

(6p) Preplacement training for the foster parent of a level 5 foster home. The preplacement training for the foster parent of a Level 5 foster home shall include information on all of the following:

(a) The standardized curriculum provided under sub. (6).

(b) School advocacy.

(d) First aid.

(e) Blood-borne pathogens.

(f) Medication management.

(g) Patients rights.

(h) Positive behavioral supports.

(i) Individual service plans.

(j) Emergency plans.

(k) Six hours of child-specific or population-specific training, orientation, or observation.

(L) Service coordination.

(7) Initial licensing training for Level 2.

(a) The department shall approve a standardized curriculum for initial licensing training for a foster parent who operates a Level 2 foster home.

(b)

Trainers for the Level 2 initial licensing training shall include a foster or adoptive parent, foster child, or birth parent.
Notwithstanding subd. 1., a foster parent may attend an initial licensing training for which no foster or adoptive parent, foster child, or birth parent is a trainer if the licensing agency approves and provides opportunities for the foster parent attending the training to participate in activities or programs that promote networking among foster parents and provide an opportunity for an experienced foster parent to answer questions from the new foster parent.

(7e) Initial licensing training for Level 3. The initial licensing training for a foster parent who operates a Level 3 foster home shall include information on all of the following:

(a) Crisis management.

(b) Sexuality and sexual boundaries.

(d) Effects of maltreatment and trauma on child development.

(e) Building life skills.

(f) Building birth family and cultural connections.

(g) Other topics required by the licensing agency.

(7m) Initial licensing training for Level 4. The initial licensing training for a foster parent who operates a Level 4 foster home shall include information on all of the following:

(a) The topics listed in sub. (7e).

(b) Six hours of child-specific or population-specific training.

(7s) Initial licensing training for the foster parent of a level 5 foster home. The initial licensing training for the foster parent of a Level 5 foster home shall include information on all of the following:

(a) The topics listed in sub. (7e).

(b) Six hours of child-specific or population-specific training.

(8) Ongoing training.

(b) Licensing agency approval. The licensing agency shall approve a foster parent’s ongoing training based on the following:

The content of the training shall meet at least one of the purposes of foster parent training under s. 48.67 (1m) (d), Stats.

1g. In addition to subd. 1., the content of ongoing training for a foster parent who operates a Level 4 foster home shall include 8 hours of child-specific or population-specific training.

1r. In addition to subd. 1., the content of ongoing training for the foster parent of a Level 5 foster home shall include all of the following:

a. Child maltreatment and reporting requirements.

b. Prompt and adequate treatment.

c. Any required reauthorizations for first aid, blood-borne pathogens, and cardiopulmonary resuscitation.

d. Eight hours of child-specific or population-specific training.

The format of the training may include any of the following:

a. Face-to-face consultation with professionals with expertise in specific identified areas, such as learning how to manage a foster child’ s emotional, developmental, behavioral, or medical needs or participating in therapy with a foster child.

b. Video, audio, and web-based presentations.

c. Support groups.

d. Adult education courses.

e. Books, periodicals, and web-based resources.

f. Television and radio presentations.

g. Mentor family consultations.

h. Conferences, workshops, seminars, and webinars.

The total credit given for training that is not in person or a live video conference may not exceed 20 percent of the required hours.
The usefulness of the skills or knowledge that is expected to be gained.

(c) Department as training resource. The department shall maintain an inventory of resources for foster parent training and shall coordinate statewide, regional, and local training programs to prevent duplication of effort.

History

EmR0937: emerg. cr. eff. 1-1-10; CR 10-021: cr. Register September 2010 No. 657, eff. 10-1-10; corrections in (1), (5) (a), (6) (b) and (7) (b) to (d) made under s. 13.92 (4) (b) 1. and 7., Stats., Register September 2010 No. 657; EmR1050: emerg. renum. (4), (7) (b) to be (4) (a), (7) (b) 1. and am., cr. (4) (b), (6d), (6h), (6p), (6t), (7e), (7m), (7s), (8) (b) 1g., 1r., am. (6) (title), (a) (intro.), (b), (7) (title), (a) (intro.), (c), (d), (8) (b) 3., eff. 1-1-11; CR 10-148: renum. (4), (7) (b) to be (4) (a), (7) (b) 1. and am., cr. (4) (b), (6d), (6h), (6p), (6t), (7) (b) 2., (7e), (7m), (7s), (8) (b) 1g., 1r., am. (6) (title), (a) (intro.), (b), (7) (title), (a) (intro.), (c), (d), (8) (b) 3. Register August 2011 No. 668, eff. 9-1-11; EmR1633: emerg. am. (6) (a) 3., eff. 11-18-16; CR 16-051: am. (6) (a) 3. Register July 2017 No. 739, eff. 8-1-17; correction in (5) (c) made under s. 13.92 (4) (b) 7., Stats., Register August 2018 No. 752; CR 21-107: am. (7) (d), (8) (a) Register June 2022 No. 798, eff. 7-1-22; CR 25-043: r. (1), (2), am. (3), (4), (5) (a), r. (5) (b), r. and recr. (6), (6d), r. (6h), am. (6p) (title), (intro.), (a), (k), cr. (6p) (L), r. (6t), renum. (7) (a) (intro.) to (7) (a) and am., r. (7) (a) 1. to 9., am. (7) (b) 1., 2., r. (7) (c), (d), am. (7s) (title), (intro.), r. (8) (a), am. (8) (b) 1., 1r., 2. a., 3., 4. Register November 2025 No. 839, eff. 12-1-25; correction in (6) made under s. 35.17, Stats., Register November 2025 No. 839; correction in (6), (8) (b) 1. made under s. 13.92 (4) (b) 7., Stats., Register December 2025 No. 840.

Wis. Admin. Code § DCF 56.15 Supervising or placing agency {#sec-dcf-56.15 omnilex-key=us-wi-regs-official--agency-dcf--DCF 56.15}

(1) Agency responsibilities. A supervising agency or placing agency shall do, or contract for, all of the following:

(a) Ensure that every foster child in their care is assigned a supervising agency or placing agency child welfare professional.

(b) Have staff available for a foster parent to contact on a 24-hours per day, 7-days per week, basis.

(c) Ensure that each agency child welfare professional is able to perform the duties specified in sub. (2) independently or under the supervision of an experienced child welfare professional. Notwithstanding this requirement and sub. (2) (a) (intro.), a person who is an intern or in a field placement for a higher education program may perform the duties under sub. (2) if they are supervised by an experienced child welfare professional.

(2) Responsibilities of a supervising agency or placing agency child welfare professional.

(a) All levels of care. A child welfare professional employed by, or under contract to, a supervising agency or placing agency shall do all of the following for each foster child in the agency’s care:

Coordinate assessments of the foster child.
Select an appropriate foster home for the foster child after careful consideration of how well a prospective foster family will meet the foster child’s specific needs and address concerns of the foster child’s birth or adoptive parents.
Provide the foster parent with the supervising agency’s after-hours telephone number.
Provide the foster parent with information about the foster child under ch. DCF 37.
Prior to or at the time of placement of the foster child with a foster parent, explain to the foster parent the child-specific considerations that the foster parent is required to take into account when applying the reasonable and prudent parent standard, as documented on the forms required under ch. DCF 37, and provide the foster parent with the brochure required under s. DCF 56.12 (2) (c).
When a school-age foster child is placed in a foster home, notify the school district in which the foster home is located and the school in which the foster child will enroll, unless the foster child will remain enrolled in the same school and school district. If the foster child will remain enrolled in the same school and school district, the supervising agency or placing agency shall give notification of the placement to the foster child’s school and school district, as required under s. 48.64 (1r), Stats. Any notification shall include all of the following:

a. The name, address, and phone number of the foster parent.

b. The name of the foster child.

c. Information about the foster child required by the school, as allowed under any applicable confidentiality laws.

d. The child welfare professional’s contact information.

Advocate for the foster child with the foster child’s school, medical facility, or any other program in which the foster child is involved to ensure that services provided to the foster child are consistent with the permanency plan and treatment plan, if applicable.
Adhere to the requirements in s. 48.383 (2) (c), Stats., in preparing or revising the permanency plan for a foster child.
Assist the foster parent and foster child with overcoming barriers to the foster child’s participation in extracurricular, enrichment, cultural, and social activities that promote normalcy in an age and developmentally appropriate manner.
Assist with resolving a conflict among members of the foster child’s team or treatment team on the application of the reasonable and prudent parent standard.
Provide updated information to the foster parent about child-specific considerations for reasonable and prudent parenting decisions throughout the foster child’s placement through team or treatment team meetings and when there is a significant change in circumstances.
Advocate for the best interests and rights of the foster child.
Comply with agency contact requirements with the foster parent and foster child under s. DCF 56.185.
Support and assist the foster parent with effectively fulfilling the responsibilities in this chapter.
Assist the foster parent with any necessary arrangements in an emergency.
Perform liaison activities with other agencies.
Perform necessary court responsibilities as appropriate.
Notify the placing agency of any updates to information about the foster child that were not included in the forms provided to the foster parent at the time of placement under ch. DCF 37, if the supervising agency and placing agency are not the same agency.

Note: The forms provided under ch. DCF 37 are DCF-F-872A-E, Information for Out-of-Home Care Providers, Part A. and DCF-F-872B-E, Information for Out-of-Home Care Providers, Part B. Both forms are available on the department website at https://dcf.wisconsin.gov/cwportal/fc/forms.

(b) Levels 3 to 5. In addition to the requirements under par. (a), a supervising agency or placing agency child welfare professional shall do all of the following for each foster child with a level of need of 3 or higher in the agency’s care:

Respond to a request from the foster child’s foster parent for crisis intervention, emergency counseling, and related services within one hour.
Ensure that the foster child has a treatment team.
Serve as coordinator for the treatment team and organize treatment team meetings.
Educate a foster child’s treatment team members on services and medical procedures for the foster child’s specific needs.
Develop appropriate interventions and services for the foster child and the treatment team, including arranging assistance from appropriate specialists.
Provide or arrange for additional child care personnel during stressful or critical periods, as determined by the treatment team.
Assist and support the foster parent in obtaining any medical supplies and services required for the foster child. If required medical supplies and services are not included in the treatment plan, the supervising agency child welfare professional shall revise the treatment plan to include the required medical supplies and services and consult with the placing agency to determine financial responsibility.
Evaluate the foster child’s progress and recommend services in the treatment plan.

(3) Multiple agencies. If more than one agency is performing supervising responsibilities under subs. (1) and (2), the agencies shall specify in writing which agency is responsible for each requirement.

History

EmR0937: emerg. cr. eff. 1-1-10; CR 10-021: cr. Register September 2010 No. 657, eff. 10-1-10; EmR1050: emerg. r. and recr., eff. 1-1-11; CR 10-148: r. and recr. Register August 2011 No. 668, eff. 9-1-11; EmR1633: emerg. cr. (1) (a) 8. to 12., eff. 11-1816; CR 16-051: (1) (a) 8. to 12. Register July 2017 No. 739, eff. 8-1-17; CR 20-003: r. and recr. (1) (a) 4. (intro.), cr. (1) (a) 4. d. Register July 2020 No. 775, eff. 8-1-20; CR 25-043: r. and recr. Register November 2025 No. 839, eff. 12-1-25; correction in (1) (c) made under s. 13.92 (4) (b) 7., Stats., Register November 2025 No. 839.

Wis. Admin. Code § DCF 56.16 Licensing agency responsibilities {#sec-dcf-56.16 omnilex-key=us-wi-regs-official--agency-dcf--DCF 56.16}

(1) A licensing agency shall do all of the following:

(a) Assess and screen families who are interested in becoming foster parents.

(b) Comply with the licensing process in s. DCF 56.04, including the use of all components of a standardized assessment tool prescribed by the department to conduct the home study.

(c) Notify the school district in which a foster home is located when a license to operate a foster home is issued in that school district, as required under s. 48.62 (3), Stats.

(d) Provide, arrange, and approve required preplacement, initial, and ongoing training for foster parents under s. DCF 56.14.

(e) Consult with a supervising agency child welfare professional to match a foster child’s specific needs with an available foster parent.

(f) Provide written notice to any supervising agency with a foster child placed in a foster home prior to placement of a new foster child in the home. If written notice prior to the additional placement is not possible, verbally notify the supervising agency prior to the placement and subsequently provide written notice.

(g) Assist a foster parent in meeting the needs of a foster child in need of placement or a foster child who is currently placed in their foster home.

(h) Ensure that the foster parent is promoting normalcy for a foster child by providing opportunities for the foster child to participate in age or developmentally appropriate extracurricular, enrichment, cultural, and social activities under s. DCF 56.09 (3).

(i) Comply with agency responsibilities regarding respite care under s. DCF 56.21 (2).

(j) Notify any placing agency or supervising agency of a serious incident reported by a foster parent under s. DCF 56.06 (2) or (3) within 24 hours after the serious incident is known to have occurred.

(2) In addition to sub. (1), a licensing agency shall do all of the following regarding foster homes with a Level 3 to 5 certification:

(a) Identify foster homes with similar qualifications as existing foster homes to be used as emergency or alternative options for placement or respite care.

(b) Develop and facilitate peer support among foster parents, especially among foster parents who are caring for children with similar conditions.

(c) Participate in the determination of supplemental payments under s. DCF 56.23 (2) and exceptional payments under s. DCF 56.23 (3) as follows:

Review the payment amount that a placing agency is proposing for a child’s placement and discuss the child’s needs with the placing agency.
Inform a prospective foster parent of the placing agency’s proposed payment amount.
Recommend any modifications to the payment amount that the placing agency has proposed.
Participate with the placing agency, foster parent, and treatment team members in the redetermination of the payment amount following a reassessment under s. DCF 56.22 (5) (b).
At a foster parent’s request, assist a foster parent in resolving a disagreement between the foster parent and the placing agency regarding a payment amount before the foster parent requests a hearing under s. DCF 56.10.

History

EmR1050: emerg. cr., eff. 1-1-11; CR 10-148: cr. Register August 2011 No. 668, eff. 9-1-11; EmR1633: emerg. cr. (1) (m), (n), eff. 11-18-16; CR 16-051: cr. (1) (m), (n) Register July 2017 No. 739, eff. 8-1-17; CR 20-003: am. (1) (L) (intro.) Register July 2020 No. 775, eff. 8-1-20; CR 25-043: r. and recr. (1), am. (2) (a) Register November 2025 No. 839, eff. 12-1-25.

Wis. Admin. Code § DCF 56.17 Child’s treatment team for Levels 3 to 5 {#sec-dcf-56.17 omnilex-key=us-wi-regs-official--agency-dcf--DCF 56.17}

(1) Membership.

(a) A foster child with a level of need of 3 or higher who is placed in a foster home with a Level 3 to 5 certification shall have a treatment team that consists of the foster child; the foster child’s parent, guardian, legal custodian, or Indian custodian; the foster parent; and at least one representative each from the supervising and placing agencies. At least one member of the treatment team shall have clinical training in a field related to the primary needs of the foster child. In addition, the treatment team may include other social workers, child welfare professionals, clinical consultants, medical providers, mental health providers, school personnel, or other significant persons in the foster child’s life.

(b) A foster child shall be a member of the treatment team unless they choose not to participate or the supervising agency child welfare professional determines that their inclusion would be inappropriate due to their age or condition. If the child is not a member of the treatment team, the supervising agency child welfare professional shall document the reason in the case record.

(2) Responsibilities. The treatment team for a foster child shall do all of the following:

(a) Determine the need for and arrange appropriate and qualified psychiatric and psychological services for the child.

(am) Using specialists when necessary, arrange for additional appropriate assessments based on the needs and strengths of the foster child, the foster child’s family, and the foster parent as identified in the assessment under s. DCF 56.22. If the foster child may have a serious emotional disturbance, arrange for a biopsychosocial assessment that includes all of the following:

An assessment of the foster child’s disability.
Measurement of the behavioral and cognitive correlates of the disability.
An assessment of how psychosocial and environmental factors influence how the foster child copes with the disability.
A review of biological factors that affect the disability.
Identification of possible treatments for the disability.

(b) Develop the foster child’s written treatment plan within 30 days after the foster child’s placement in a foster home. The treatment plan shall do all of the following:

Specify the treatment and services to be provided to the foster child and the foster child’s family.
Identify who is responsible for providing each treatment and service.
Establish measurable goals and objectives for the placement in all areas of the foster child’s life, including all of the following:

a. Supervision and safety.

b. Health, emotional, and behavioral stability.

c. Daily living and community integration.

d. Education.

e. Communication skills.

f. Legal status, including permanency planning issues.

g. Regular, ongoing opportunities to engage in age or developmentally appropriate extracurricular, enrichment, cultural, and social activities under s. DCF 56.09 (3).

If a foster child is 14 years of age or over, include a description of the programs and services that are or will be provided to assist the foster child in preparing for the transition from out-of-home care to independent living as required under s. 48.38 (4) (h) or 938.38 (4) (h), Stats.

(c) Establish an appropriate level of nursing, other medical care, and other types of care for the foster child based upon the foster child’s needs and the abilities of the foster parent.

(e) Provide copies of the treatment plan to all treatment team members, including the foster child if the child is 12 years of age or older, as allowed by law.

(f) Implement and support the treatment plan, including ensuring that all available resources and treatments are known or explored and developing new resources if appropriate.

(g) Meet to formally review the treatment plan, share information, exchange ideas and opinions, and discuss issues at least every 3 months. The supervising agency child welfare professional shall determine if more frequent treatment team meetings are necessary. Other treatment team members may request a meeting.

(h) Share knowledge regarding the foster child and the treatment plan with other treatment team members as allowed by law and encourage support for the treatment plan

(i) Ensure that family counseling is provided to the foster child’s family and the foster family as needed.

(j) Ensure that 24-hour per day, 7-day per week crisis intervention is provided for the foster child and the foster parent as needed.

(k) Monitor and evaluate the progress of the treatment plan and the continued appropriateness and effectiveness of the provided services and supports and placement of the foster child on an ongoing basis.

(L) Make treatment plan revisions and adjustments as necessary. Ensure revisions and adjustments to the treatment plan are in writing and are based on all of the following:

Observations from the supervising agency child welfare professional’ s direct contact with the foster child.
Discussions that include the foster child; the foster child’s parent, guardian, or Indian custodian; service providers; and collateral contacts.
Other relevant data or information.

(m) Design and implement new treatment strategies as needed.

(n) Consult with the foster parent or supervising agency child welfare professional about events in the foster home if requested.

(o) Arrange for interaction between the foster child and the foster child’s family as provided in the foster child’s permanency plan or treatment plan.

(p) Resolve any disagreements between the foster parent and the supervising agency. Efforts by the treatment team to resolve disagreements may not replace any internal grievance procedures established by the supervising agency or the foster parent’s fair hearing rights under s. 48.64 (4) (a), Stats.

History

EmR1050: emerg. cr., eff. 1-1-11; CR 10-148: cr. Register August 2011 No. 668, eff. 9-1-11; EmR1633: emerg. cr. (2) (b) 3. g., eff. 11-18-16; CR 16-051: cr. (2) (b) 3. g. Register July 2017 No. 739, eff. 8-1-17: CR 25-043: am. (1) (a), r. and recr. (1) (b), renum. (2) (a) to (2) (am) and, as renumbered, am. (2) (am) (intro.), 1., 3., am. (2) (b) (intro.), 1., 3. (intro.), g., 4., (c), renum. (2) (d) to (2) (a), am. (2) (e), (g) to (i), (k), (L) 1., 2., (n), (o), r. (2) (q) Register November 2025 No. 839, eff. 12-1-25.

Wis. Admin. Code § DCF 56.185 Agency contact with foster parent and foster child {#sec-dcf-56.185 omnilex-key=us-wi-regs-official--agency-dcf--DCF 56.185}

(1) Contact requirements.

(a) Level of care 1 or 2. If a foster child is placed in a Level 1 or 2 foster home, the licensing agency, supervising agency, or placing agency shall have contact with the foster parent and foster child as follows:

With the foster parent, at least one contact per month. The contact may be in person, by phone, or by an interactive electronic format.
With the foster child, at least one in-person contact each full calendar month that the foster child is placed in the foster home.
More than 50 percent of the agency in-person contacts with a foster child shall be in the foster child’s foster home, occurring no less than every other month.

(b) Level of care 3 or 4. If a foster child is placed in a Level 3 or 4 foster home, the licensing agency, supervising agency, or placing agency shall have contact with the foster parent and foster child as follows:

With the foster parent, at least 2 in-person contacts per month. At least one of these contacts shall be in the foster home.
With the foster child, at least one in-person contact every other week. At least one contact per month shall be in the foster home.
Notwithstanding subd. 2., if a foster child with a level of need below 3 is placed in a Level 3 or 4 foster home, the licensing agency, placing agency, or supervising agency shall have at least one in-person contact with the foster child each full calendar month that the foster child is in the foster home.

If a foster child is placed in a Level 5 foster home, the licensing agency, supervising agency, or placing agency shall have at least 2 in-person contacts per month with the foster parent. At least one of these contacts shall be in the foster home.
A licensing agency, placing agency, or supervisory agency representative other than the foster parent shall have an in-person contact with a foster child placed in a Level 5 foster home at least every other week. At least one contact per month shall be in the foster home.

(2) Purposes of contact.

(a) The agency contact with the foster parent and the foster child shall focus on the safety, permanence, and well-being of the foster child.

(b) The agency contact with the foster parent and the foster child shall also be used to do all of the following:

Evaluate the compatibility of the foster child with the foster parent and other household members.
Evaluate the ability of the foster parent to meet the needs of the foster child in a safe manner.
Evaluate the experiences the foster child has had to regularly engage in age or developmentally appropriate activities following the reasonable and prudent parent standard.
Discuss any additional support needed by the foster parent to safely care for the foster child.
Confirm the safety of the placement setting.

(c) The agency contact with the foster child shall provide an opportunity for the foster child to have contact with their child welfare professional to openly discuss their adjustment to the placement setting and express their thoughts and feelings about their foster care experience.

(d) The agency contact with the foster parent shall be of sufficient duration and substance to address the goals of the foster child’s permanency plan or treatment plan, if applicable.

(3) Multiple agencies. If the licensing agency, placing agency, and supervisory agency under sub. (1) are different agencies, those agencies shall determine a contact plan.

(4) Multiple foster parents. If there is more than one foster parent on the license to operate the foster home, the agency may have contact with only one of the foster parents.

(5) Combining foster parent and foster child contacts. One agency contact with a foster parent per month may be combined with an agency contact with a foster child.

(6) Placing a foster child in a level 3 to 5 foster home with no current placement. If a foster home with a Level 3 to 5 certification has not had placement of a foster child for 3 or more months and the licensing agency, supervising agency, or placing agency has not seen the foster parent in the foster home during that time, the licensing agency, supervising agency, or placing agency shall have an in-person contact with the foster parent in the foster home before a foster child is placed in the home or within 24 hours after the foster child’s placement in the foster home.

History

CR 25-043: cr. Register November 2025 No. 839, eff. 12-1-25.

Wis. Admin. Code § DCF 56.21 Respite care for foster parents {#sec-dcf-56.21 omnilex-key=us-wi-regs-official--agency-dcf--DCF 56.21}

(1) Applicability. This section applies to care of a foster child in any of the following circumstances:

(a) Services arranged in advance by the licensing agency or supervising agency and foster parent to provide care of a foster child during an absence of the foster parent for more than 72 hours.

(b) Care of a foster child arranged by the licensing or supervising agency when the foster parent is unavailable due to an emergency.

(c) Care of a foster child during the foster parent’s absence that is paid for by a licensing, supervising, or placing agency.

(2) Licensing agency responsibilities.

(a) A licensing agency shall do all of the following:

Develop policies and procedures to govern the agency’s respite care program, including a procedure for informing a foster child’s parent, guardian, legal custodian, or Indian custodian when the foster child receives care by a respite provider.
Inform a foster parent of the process to request and be reimbursed, if applicable, for respite services prior to utilizing the service.
Conduct a background check under s. DCF 56.055 on a person interested in being a respite provider if the person is not currently a foster parent.

(b) A licensing agency of Level 3 or 4 foster homes shall do all of the following:

Develop, in consultation with foster parents, a pool of respite providers that will be used when respite care is provided.
Provide training and support to respite providers specific to the population of children to be served by the respite provider.
Consult with the foster parent, foster child, and the supervising agency to develop a respite schedule for a specific child and provide the schedule to the respite providers.

(3) Respite provider qualifications. A respite provider shall have the following qualifications:

(a) Be at least 18 years of age.

(b) Meet the background check requirements in s. 48.685, Stats., and s. DCF 56.055.

(d) Provide respite care in a home that meets the physical, safety, and environmental needs of the foster child for whom care is to be provided if the respite care is to be provided in the respite provider’s residence.

(e) Agree to abide by s. DCF 56.09 (2) (a) and (b), (14), and (15).

(f) Is not an employee of the licensing agency or a relative of an employee of the licensing agency if the employee works in the child welfare area of the agency.

(4) Information to be given to respite provider. Prior to a foster parent using a respite provider, the supervising agency shall ensure that the respite provider has information on all the following:

(a) The foster child’s care needs.

(b) The foster child’s daily routine and schedule.

(d) The requirements under s. DCF 56.09 (2) (a) and (b), (14), and (15).

(e) Phone numbers of emergency contacts.

(f) The foster child’s medical providers and any information needed for the foster child to receive medical care.

(6) Eligibility for subsidized respite care.

(a) Level 3 or 4.

A licensing agency shall fund and arrange for a foster parent who operates a foster home with a Level 3 or 4 certification to have 8 to 24 consecutive hours of respite care per month. Respite care shall be provided in a combination of hours to be determined by the foster parent and the licensing agency. The licensing agency may require that any respite care include an overnight stay.
Notwithstanding subd. 1., a licensing agency is not required to fund and arrange respite care of a foster child with a level of need below 3 who is placed in a foster home with a Level 3 or 4 certification.

(b) Level 1 or 2. A licensing agency may establish policies and procedures to fund respite care for a foster parent who operates a foster home with a Level 1 or 2 certification.

(7) Respite care limit. A foster child may not be in respite care for more than 28 consecutive days. A licensing agency may establish a limit that is less than 28 consecutive days.

(8) Reasonable and prudent parent standard inapplicable. The reasonable and prudent parent standard does not apply to a foster parent providing respite care in a foster home.

History

EmR1050: emerg. cr., eff. 1-1-11; CR 10-148: cr. Register August 2011 No. 668, eff. 9-1-11; CR 21-107: am. (3) (b) Register June 2022 No. 798, eff. 7-1-22; CR 25-043: r. and recr. Register November 2025 No. 839, eff. 12-1-25.

Wis. Admin. Code § DCF 56.22 Assessment of needs and strengths {#sec-dcf-56.22 omnilex-key=us-wi-regs-official--agency-dcf--DCF 56.22}

(1) Responsibility for assessment.

(a) A placing agency shall use a standardized assessment tool prescribed by the department to assess the needs and strengths of a foster child placed or to be placed into a foster home and the needs of the foster child’s foster parent. A placing agency may subcontract this responsibility.

Note: The assessment tool is available in the forms section of the department’s website at http://dcf.wisconsin.gov.

(b) Notwithstanding par. (a), this section does not apply to a foster child placed or to be placed into a foster home that is licensed solely for the purpose of adoption of a domestic infant under s. 48.837, Stats., or a foreign child under s. 48.839 or 48.97, Stats.

(2) Qualification to assess. An individual performing the assessment shall be trained and certified in the use of the department’s standardized assessment tool.

(3) Times of assessment.

(a) Assessment within 30 days after placement. A placing agency shall assess each foster child before placement in a foster home or within 30 days after the foster child’s placement. A placing agency shall assess each foster parent within 30 days after the foster child’s placement in the foster home.

(b) Reassessment every 6 months. A placing agency shall reassess each foster child and the foster child’s foster parent within 6 months after the foster child’s last assessment or reassessment. The placing agency, licensing agency, or foster parent may request a reassessment more frequently.

(4) Standardized assessment tool.

(a) Basics of the tool. The standardized assessment tool shall include a list of items that may have a direct impact on service planning for the foster child and the foster child’s foster parent. The list of items included in the standardized assessment tool shall assist with evaluation of all of the following:

The foster child’s functioning, including all of the following:

a. The impact of trauma on the foster child.

b. Life functioning, including physical, mental, and dental health; relationships with family members; and social skills.

c. Functioning in a child care or school setting.

d. Behavioral and emotional needs.

e. Risk behaviors.

f. Strengths.

g. The effect of the culture of the foster child and the foster child’s family on service provision.

The foster parent’s functioning in relation to the identified foster child, including all of the following:

a. Supervision.

b. Problem solving.

c. Involvement with care.

d. Knowledge.

e. Empathy with the foster child.

f. Organization.

g. Social resources.

h. Physical health.

i. Mental health.

j. Substance use.

k. Developmental.

L. Family stress.

m. Cultural congruence.

(b) Gather information. Before administering the standardized assessment tool, the person who will administer the tool shall first do all of the following:

Review the foster child’s case record.
Interview or collect information from a person who has interviewed the foster child, the foster child’s family, foster parent or other out-of-home care provider, the foster child’s team or treatment team, and the licensing agency.
Review information gathered in collaboration with the foster child’s team or treatment team and the licensing agency.

Note: See s. DCF 56.17 (1) on treatment team membership.

(c) Rating a foster child. The person administering the standardized assessment tool shall rate the foster child on each item in the tool on a 4-point scale relative to what is developmentally appropriate for a child of a similar age, as follows:

‘Needs.’ The following ratings shall apply to items representing needs of a foster child or the foster child’s family:

a. A rating of 0 means there is no evidence of the existence of a special need.

b. A rating of 1 means there is a history or concern that a basic special need may exist.

c. A rating of 2 means there is a presence of a moderate special need.

d. A rating of a 3 means there is a presence of an intensive special need.

‘Strengths.’ The following ratings shall apply to items representing strengths of a foster child or the foster child’s family:

a. A rating of 0 indicates a centerpiece strength.

b. A rating of 1 indicates a useful strength.

c. A rating of 2 indicates an identified strength.

d. A rating of 3 indicates no strength has been identified.

(d) Rating a foster parent. The person administering the standardized assessment tool shall rate a foster parent’s needs on each item in the tool on a 4-point scale in relation to a specific identified foster child, as follows:

A rating of 0 means there is no reason to believe a need exists.
A rating of 1 means there is a history or concern that needs to be monitored.
A rating of 2 means there is a presence of a need that must be acted upon.
A rating of 3 means there is a presence of a need that requires immediate or intensive action.

(5) Use of assessment information.

(a) The placing agency shall use information from the assessment of the foster child, the foster child’s family, the foster child’s foster parent, the supervising agency, and the licensing agency for all of the following:

To communicate information about the needs and strengths of the foster child and the foster child’s family.
To assist with determining the foster child’s service needs and developing the foster child’s plan of care.
To determine a level of need of 1/2, 3, 4, 5, or 6 for the foster child.
To inform decisions regarding a placement at a level of care that is appropriate to meet the foster child’s level of need.
To evaluate the match between the knowledge, skills, and abilities of a foster parent and the needs and strengths of the foster child.
To assist in the development of services and supports needed for a specific foster child and foster parent to promote the stability of the placement.
To provide a mental health screen to all children entering foster care.
To determine any supplemental payments under s. DCF 56.23 (2).
To determine any supplemental payments for purposes of an adoption assistance agreement under s. 48.975, Stats., and ch. DCF 50.

(b) A placing agency shall re-evaluate the appropriateness of a foster child’s placement, services provided to the foster child, and supplemental payments made to the foster parent following a reassessment of the foster child under sub. (3) (b).

(6) Matching the foster child and foster family. A placing agency may place a foster child in a foster home only after careful consideration is made on how well the prospective foster family will meet the foster child’s identified specific needs and address any concerns of the birth or adoptive parents.

(7) Placement in a foster home.

(a) A placing agency, in accordance with a licensing agency, may place a foster child in a foster home that is certified to provide a given level of care if the foster child’s level of need is at or below the level of care that the foster home is certified to provide.

(b) Notwithstanding par. (a), a placing agency may place a foster child with a level of need that is higher than the level of care that a foster home is certified to provide if the placing agency grants an exception and documents in the foster child’s electronic case record what services and supports will be provided to meet the foster child’s needs as identified in the assessment tool.

(c) A foster child whose level of need is lower than 5 may not be placed in a Level 5 foster home, except for continuation of an existing placement during planning for the foster child’s transition to a less restrictive setting following a reassessment under sub. (3) (b).

History

EmR1050: emerg. cr., eff. 1-1-11; CR 10-148: cr. Register August 2011 No. 668, eff. 9-1-11; CR 25-043: am. (1) (a), (b), (3) (a), (b), (4) (a) (intro.), 1. (intro.), a.,g., 2. e, (b) 1. to 3., (c) (intro.), 1. (intro.), and 2. (intro.), (d) (intro.), (5) (a) (intro.), 1. to 6., (b), consol. (6) (a) (intro.), 1., 2. and renumber to (6) and am., r. (6) (a) 3., (b), am. (7) Register November 2025 No. 839, eff. 12-1-25.

Wis. Admin. Code § DCF 56.23 Supplemental payments, exceptional payments, initial clothing allowance, and retainer fee {#sec-dcf-56.23 omnilex-key=us-wi-regs-official--agency-dcf--DCF 56.23}

(1) Coverage.

(a) A placing agency shall determine the amount of any payment made directly to a foster parent for the care and maintenance of a foster child under one or more of the following:

Basic maintenance payments established under s. 48.62 (4), Stats.
Supplemental payments under sub. (2).
Exceptional payments under sub. (3).
Initial clothing allowance under sub. (4).

(b) The total monthly payment amount to a foster parent under par. (a) 1., 2., and 3. is subject to a maximum determined by the department.

(c) A placing agency may not make a supplemental or exceptional payment or pay an initial clothing allowance for a foster child placed in a Level 1 foster home.

Note: See s. DCF 56.16 (2) (c) on licensing agency participation in rate determination.

(2) Supplemental payments. A placing agency shall make a supplemental payment to a foster parent for a foster child’s special needs. The placing agency shall determine the amount of a supplemental payment based on the total under the following:

(a) Identified needs and strengths.

On a form prescribed by the department, the placing agency shall use information obtained using the standardized assessment tool to rate the foster child under s. DCF 56.22 (4) (c) relative to what is developmentally appropriate for a child of a similar age in the following areas:

a. A foster child’s need that has a rating of 2 indicating there is a presence of a moderate special need.

b. A foster child’s need that has a rating of a 3 indicating there is a presence of an intensive special need.

c. A foster child’s strength that has a rating of 2 that indicates an identified strength.

d. A foster child’s strength that has a rating of 3 that indicates no strength has been identified.

e. Risk behaviors.

f. Child’s language.

g. Strengths.

For points that have been assigned in the areas under subd. 1., the placing agency shall add the total points that represent all of the following:

a. A child’s need that has a rating of 2 indicating there is a presence of a moderate special need.

b. A child’s need that has a rating of a 3 indicating there is a presence of an intensive special need.

c. A child’s strength that has a rating of 2 that indicates an identified strength.

d. A child’s strength that has a rating of 3 that indicates no strength has been identified.

A placing agency shall make a supplemental payment under this paragraph that is a dollar amount determined by the department multiplied by the total points determined under subd. 2.

(b) Level of care higher than level of need. A placing agency shall make a supplemental payment under this paragraph that is an amount determined by the department if a foster home’s level of care certification is higher than the level of need of a foster child placed in the foster home and the foster home has a Level 3 or 4 certification.

(3) Exceptional payment.

(a) A placing agency may make an exceptional payment to a foster parent to accomplish any of the following:

Enable the foster child to be placed or remain in a foster home instead of being placed or remaining in a more restrictive setting.
Enable the placement of siblings or minor parent and minor children together.
Assist with transportation costs to the school the foster child was attending prior to placement in out-of-home care.
Replace a foster child’s basic wardrobe that has been lost or destroyed in a manner other than normal wear and tear.

(b) A placing agency may determine the frequency and amount of an exceptional payment necessary to meet one or more purposes in par. (a), provided no total monthly payment to the foster parent exceeds the maximum amount determined by the department under sub. (1) (b).

(4) Initial clothing allowance.

(a) A placing agency may pay an initial clothing allowance to a foster parent when a child is initially placed in foster care.

(b) The amount of the initial clothing allowance shall be the actual cost of the clothing not to exceed a maximum determined by the department.

(c) If a child is placed in foster care 120 days or more after a previous out-of-home care placement was terminated, the placement shall be considered an initial placement for the purpose of par. (a).

Note: DCF-P-PFS0142, Understanding the Uniform Foster Care Rate, and DCF-F-CFS0834, Foster Care Uniform Rate Setting, are available on the department’s website at https://dcf.wisconsin.gov/cwportal/fc/forms.

(5) Retainer fee. A placing agency may provide a monthly retainer fee to a foster parent to maintain openings in a foster home for emergency placements under ss. 48.205 and 938.205, Stats. This fee may not be considered part of the foster care payment for a specific foster child.

History

EmR1050: emerg. cr., eff. 1-1-11; CR 10-148: cr. Register August 2011 No. 668, eff. 9-1-11; CR 25-043: am. (1) (c), (2) (intro.), (a) 1. (intro.), 2. a. to d., (b), (3) (a) 1., 3., 4., r. (3) (a) 5., am. (5) Register November 2025 No. 839, eff. 12-1-25.

Wis. Admin. Code § DCF 56.24 Exceptions {#sec-dcf-56.24 omnilex-key=us-wi-regs-official--agency-dcf--DCF 56.24}

(1) Licensing agency authority.

(a) A licensing agency may grant an exception to the following requirements in this chapter: ss. DCF 56.04 (2) (f) and (g), (5) (b), and (14), 56.05 (3) (a) and (b) and (4), 56.07 (2), (3), (4) (c) 1., 2., and 3., (g), (h), (i), (k), (6) (c) 1., (9) (a), and (10) (b), 56.078 (1) and (5), 56.085 (2), 56.09 (10) (b), (11) (b), and (12) (a), 56.13 (4) (a) 3., (5) (b) 3. and (c) 2., (6) (b) 3. and (c) 2., 56.135 (6) (a) 1. and 2., (b) 3., (7) (d), (f) 3., (g), and (k) if the licensing agency determines that the exception will not jeopardize the health, safety or welfare of a foster child.

(b) A licensing agency may not grant an exception to any of the following requirements: ss. DCF 56.04 (1), (10), and (11), 56.07 (4) (L) 1. and 2., 56.085 (1) (a) and (b) and (2), 56.09 (14) (e) 2. c., 56.13 (3) (b), (4), (5) (b) 1. and 2., and (6) (b) 1. and 2., 56.135 (1) (d), (6) (b) 1. and 2., (c) 5., and (7) (j) 1. and 2., 56.14 (6d) (a), (6p), and (7) (a), 56.185 (1) (b) 1. and 2. and (c) 1. and 2., 56.21 (3) (f) and (7), and 56.22 (7) (c).

(c)

Any exception granted under par. (a) shall be specified on the license with an explanation of any alternative requirement.
An exception shall be in effect only as long as the conditions under which the exception was granted continue to exist but no longer than 2 years from the date on which the exception is granted or the date on which the license terminates, whichever occurs first.
When the exception expires, the licensing agency shall determine if there is justification to continue the exception. The exception shall be documented on a subsequent license if it is continued.

(2) Department exceptions panel.

(a) The licensing agency may submit an applicant’s or foster parent’s request for an exception to the department exceptions panel if it supports the request but is unable to grant the exception under sub. (1) (b).

Note: DCF-F-CFS0847, Application to DCF Exceptions Panel for Exception to Ch. DCF 56, and DCF-F-5229 Application to DCF Exceptions Panel for Exception to Section DCF 56.085 (1) (Total Number of Persons Receiving Care), may be obtained from the licensing agency or on the department’s website at https://dcf.wisconsin.gov/cwportal/fc/forms.

(b) A department exception request shall include all of the following information:

The citation for the specific requirement for which an exception is requested.
The rationale for the request.
An explanation of any alternative provision planned to meet the intent of the requirement.

(c) The department exceptions panel shall, in writing, indicate its approval or denial of the request within 10 working days after the department receives the request from the licensing agency and has all the information required to make its decision.

(d)

The department exceptions panel shall consist of at least 3 persons who collectively are knowledgeable about the foster care program and licensing practices.
The chairperson of the panel shall be designated by the director of the department’s bureau of permanence and out-of-home care.
The panel chairperson shall designate the remaining members of the panel.

History

CR 25-043: cr. Register November 2025 No. 839, eff. 12-1-25; correction in (1) (b) made under s. 13.92 (4) (b) 7., Stats., Register December 2025 No. 840.

Wis. Admin. Code § DCF 56.25 Relative or like-kin foster homes {#sec-dcf-56.25 omnilex-key=us-wi-regs-official--agency-dcf--DCF 56.25}

(1) Applicability. This section applies to a relative or like-kin of a child who is proposing to provide or is providing foster care for the child.

(2) No duplication of assessment. A licensing agency is not required to conduct an assessment of a licensing requirement in this chapter for the relative of, or like-kin to, a foster child if the requirement was already met in an assessment that was completed within the previous 6 months.

(3) Licensing.

(a) Notwithstanding s. DCF 56.04 (2) (a) and (3) (a), an applicant who is a relative of, or like-kin to, the foster child shall submit a completed application form that is prescribed by the department instead of the licensing agency.

Note: DCF-F-5863-E, Relative and Like-Kin Foster Home Application, is available on the department’s website at https://dcf.wisconsin.gov/cwportal/fc/forms.

(b) Notwithstanding s. DCF 56.04 (2) (i) and (3) (f), an applicant who is a relative of, or like-kin to, the foster child shall submit an attestation on a form prescribed by the department that as a foster parent they will comply with all of the requirements in this chapter.

Note: DCF-F-5887, Relative and Like-Kin Foster Home Licensing Checklist, is available on the department’s website at https://dcf.wisconsin.gov/cwportal/fc/forms.

(c) Notwithstanding s. DCF 56.04 (8) (a), the licensing agency shall begin the background check of an applicant who is a relative of, or like-kin to, the foster child and any nonclient resident in the home within 5 working days instead of 10 working days.

(d) Notwithstanding s. DCF 56.04 (8) (b), the licensing agency shall make a decision on the application of a relative of, or like-kin to, a foster child within 10 working days after receiving all necessary information instead of 60 working days.

(e) Notwithstanding s. DCF 56.04 (12), the license of a relative of, or like-kin to, a foster child shall terminate 6 months after the foster child achieves permanency if that occurs prior to the end of the 2-year licensing period.

(f) Section DCF 56.04 (2) (b), (e), (f), (g), (h), (j), (k), (L), and (m), (3) (d), (e), (em), (g), and (h), (i), and (j), (5) (b) and (c), and (14) do not apply to a relative of, or like-kin to, a foster child.

(4) Foster parent qualifications.

(a) In addition to other requirements in s. DCF 56.05, at least one foster parent in a foster home shall be a relative of, or like-kin to, the foster child placed in the home or intended to be placed in the home.

(b) Notwithstanding s. DCF 56.05 (6) (a) (intro.), in lieu of that provision, the following provision shall apply in the case of a relative of, or like-kin to, a foster child: As evidenced through communication with the foster parent and the use of the department’s assessment system, a foster parent shall have or exhibit all of the following characteristics to a degree that will allow the foster parent to adequately provide foster care services:

(c) Section DCF 56.05 (3), (4), (6) (a) 4. and 5., (7) (a) 3., 4., and (8), do not apply to a relative of, or like-kin to, a foster child.

(d) Notwithstanding s. DCF 56.05 (9) (c), an applicant who is a relative of, or like-kin to a foster child may request a waiver of homeowner’s or renter’s liability insurance by attesting on the application under sub. (3) (a) that the insurance policy that they had was canceled or payment of the premium for the required insurance would cause undue financial hardship.

(5) Notification requirements. Section DCF 56.06 (5) does not apply to a foster parent who is a relative of, or like-kin to, a foster child.

(6) Physical environment.

(a) The licensing agency shall make diligent efforts to assist an applicant who is a relative of, or like-kin to a foster child with obtaining the required items in s. DCF 56.07 and 56.072 to expedite the licensing process.

(b) In addition to other requirements in s. DCF 56.07 (1) (a), any area of the foster home of a relative of, or like-kin to, a foster child that the foster child has access to shall be free from environmental hazards that significantly impact human health. If an environmental hazard is identified, the placing or licensing agency shall make diligent efforts to assist the foster parent with ameliorating it.

(c) Notwithstanding s. DCF 56.07 (4) (a), in lieu of that provision, the following provision shall apply in the case of a relative of, or like-kin to, a foster child: A foster parent shall provide a safe sleeping space with sleeping supplies, such as a mattress and linens, for each foster child, as appropriate for the foster child’s needs and age and similar to other household members.

(d) Section DCF 56.07 (1) (b) to (d), (2), (3), (4) (c) to (L), (5), (6) (c), (9) (b), and (10) (b) do not apply to a foster parent who is a relative of, or like-kin to, the foster child.

(7) Transportation. Section DCF 56.078 (1) and (5) do not apply to a foster parent who is a relative of, or like-kin to, the foster child.

(8) Care of a foster child. Section DCF 56.09 (2) (a) and (8) (e) do not apply to a foster parent who is a relative of, or like-kin to, the foster child.

(9) Foster home level of care certification for levels 1 to 4.

(a) Notwithstanding s. DCF 56.13 (4) (a) 1., with respect to a relative of, or like-kin to, a foster child, the preplacement training shall be completed before or after the placement of a child but no later than 6 months after the date of initial licensure.

(b) Notwithstanding s. DCF 56.13 (5) (a) 1., in lieu of that provision, the following provision shall be an option for the required experience with respect to a relative of, or like-kin to, a foster child: A minimum of one year of experience with a child residing in the applicant’s home.

(c) Notwithstanding s. DCF 56.13 (6) (a) 1., in lieu of that provision, the following provision shall be an option for the required experience with respect to a relative of, or like-kin to, a foster child: A minimum of one year of experience with a child with needs that require additional supervision and care.

(d) Section DCF 56.13 (3), (4) (a) 2. and 3., (b), (5) (c), and (6) (c) do not apply to a foster parent who is a relative of, or like-kin to, the foster child.

(10) Foster parent training.

(a) Notwithstanding ss. DCF 56.13 (4) (a) 1., (5) (b) 1., 2., and 3., (6) (b) 1., 2., and 3., and 56.14 (5) (a), with respect to a relative of, or like-kin to, a foster child, only one of the foster parents of a foster home is required to complete any preplacement, initial licensing, or ongoing training required for the foster home’s level of care certification under s. DCF 56.13, except a proposed adoptive parent under s. DCF 56.14 (5) (c).

(b) Section DCF 56.14 (7) does not apply to a foster parent who is a relative of, or like-kin to, the foster child.

(11) Licensing agency responsibilities. Section DCF 56.16 (1) (e) does not apply when the foster parent is a relative of, or like-kin to, the foster child.

(12) Assessment of needs and strengths. Section DCF 56.22 (6) does not apply to a foster child whose proposed foster parent is a relative of, or like-kin to, the foster child.

History

CR 25-043: cr. Register November 2025 No. 839, eff. 12-1-25; correction in (4) (d), (10) (a), (b) made under s. 35.17, Stats., Register November 2025 No. 839.

Chapter DCF 57 GROUP HOMES

Subchapter I General Provisions

Wis. Admin. Code § DCF 57.01 Authority and purpose {#sec-dcf-57.01 omnilex-key=us-wi-regs-official--agency-dcf--DCF 57.01}

This chapter establishes minimum requirements for the issuance of licenses to, and the operation of, group homes under the authority of ss. 48.625 and 48.67, Stats., and establishes the per client rate that a group home may charge for its services under s. 49.343, Stats. The purpose of this chapter is to protect and promote the health, safety, and welfare of residents and to promote the effective provision of services.

History

CR 26-005: cr. Register May 2026 No. 845, eff. 6-1-26.

Wis. Admin. Code § DCF 57.02 Definitions {#sec-dcf-57.02 omnilex-key=us-wi-regs-official--agency-dcf--DCF 57.02}

In this chapter:

(1) “Advanced practice registered nurse” means a person licensed under s. 441.09, Stats., who may issue prescription orders under s. 441.09, Stats.

(2) “Background check” means the applicable requirements in s. 48.685, Stats.

(3) “Background information disclosure form” means the department form on which a person provides certain information concerning the person’s background.

(4) “Child welfare professional” means an individual who is responsible for ensuring the health, safety, and well-being of a resident and is employed by a county agency, tribal child welfare agency, licensed child-placing agency or, in a county with a population of 750,000 or more, the department.

(5) “Contractor” means a person who provides services in a group home under an express or implied contract.

(6) “County agency” means a county department of social services under s. 46.215 or 46.22, Stats., or a county department of human services under s. 46.23, Stats.

(7) “Department” means the department of children and families.

(8) “Division of hearings and appeals” means the division of hearings and appeals in the department of administration.

(9) “Exit” means a continuous and unobstructed means of egress from inside the group home to the exterior of the group home, including intervening halls, balconies, ramps, fire escapes, stairways, and windows.

(10) “Family interaction plan” means a plan developed by a placing agency to promote a resident’s interaction with members of the resident’s family and other identified persons and includes interaction by in-person or virtual contact, such as phone calls, texts, instant messages, letters, emails, and participation in routine activities, such as family gatherings, treatment-related appointments, medical appointments, school events, and faith-related activities.

(11) “Final substantiated finding” means all of the following:

(a) A final determination made after January 1, 2015, that a person has abused or neglected a child under s. DCF 40.04 and s. 48.981 (3) (c) 5m., Stats., if the final determination has not been reversed or modified on appeal.

(b) A determination made before January 1, 2015, that a person has abused or neglected a child under s. 48.981 (3) (c) 4., Stats., if the determination has not been reversed or modified on appeal.

(12) “Group home” has the meaning given in s. 48.02 (7), Stats.

(13) “Group home manager” means a person who is responsible for the day-to-day operations of a group home and resident admissions.

(14) “Guardian” means a person or agency appointed as provided under s. 48.023, Stats., or a substantially similar tribal law.

(15) “Indian child” has the meaning given in s. 48.02 (8g), Stats.

(16) “Indian custodian” has the meaning given in s. 48.02 (8p), Stats.

(17) “Indian tribe” means any Indian tribe, band, nation, or other organized group or community of Indians that is recognized as eligible for the services provided to Indians by the U.S. secretary of the interior because of their status as Indians.

(18) “Legal custodian” means the person or agency to whom a court has transferred a child’s legal custody and who thereby has the right and duty to protect, train, and discipline the child and to provide for the child’s care and needs.

(18g) “Legal custody” has the meaning given in s. 48.02 (12), Stats.

(19) “Licensee” means a person licensed by the department pursuant to s. 48.66, Stats., to operate a group home.

(20) “Medical provider” means a physician, physician assistant, or an advanced practice registered nurse.

Note: “Physician” and “physician assistant” are defined in s. 990.01, Stats.

(21) “Other employee or contractor” means an employee or contractor who works in a group home but is not a staff member.

(22) “Periodicity schedule” means a set of recommended screenings, procedures, and services for children at different stages of their development.

(23) “Permanency plan” means a plan required under s. 48.38 (2) or 938.38 (2), Stats., that is designed to ensure that a resident is safely reunified with their parent, guardian, or Indian custodian whenever appropriate or that the resident quickly attains a safe placement or home providing long-term stability.

(24) “Placing agency” means a private child-placing agency licensed under s. 48.66, Stats., county agency, tribal child welfare agency, the department, or an agency from another state authorized to place children in group homes.

(25) “Premises” means a group home, the tract of land on which the group home is situated, and any other building or structure on that land.

(26) “Program director” means a person responsible for overseeing program operations and group home development.

(27) “Reasonable and prudent parent standard” means a standard for use in making decisions concerning a resident’s participation in age or developmentally appropriate extracurricular, enrichment, cultural, and social activities that is characterized by careful and sensible parental decisions that maintain the health, safety, best interests, and cultural, religious, and tribal values of the resident while at the same time encouraging the emotional and developmental growth of the resident.

(28) “Resident” means a person who is under 21 years of age and is under the jurisdiction of the court under ch. 48 or 938, Stats., or other court order and who is admitted to and resides in a group home.

(29) “Resident care staff” means a person employed by a licensee to provide daily supervision and direct care to residents to ensure their safety and well-being.

(30) “Respite care” means a service provided to a youth with an emotional, behavioral, cognitive, or physical condition or other need and who is not admitted to the group home under a voluntary placement agreement or court order.

(31) “Staff member” means a program director, group home manager, or resident care staff.

(32) “Treatment plan” means a written plan of services to meet the specific treatment goals and care needs of a resident.

(33) “Universal precautions” means measures taken to prevent transmission of infection from contact with blood or other potentially infectious materials as recommended by the U.S. public health service’s centers for disease control and adopted by the U.S. occupational safety and health administration (OSHA) as 29 CFR 1910.1030.

(34) “Voluntary placement agreement” means a written agreement for the placement of the youth in a licensed group home under s. 48.63 (1), Stats., between a county agency, the department, or a licensed child welfare agency; the youth’s parent or guardian or Indian custodian; and the youth, if the youth is 12 years of age or older.

(35) “Wisconsin public purchaser” means a county agency, the department, or the department of corrections.

(36) “Youth” means a person under 21 years of age.

History

CR 26-005: cr. Register May 2026 No. 845, eff. 6-1-26.

Wis. Admin. Code § DCF 57.03 Compliance with applicable law and conditions of the license {#sec-dcf-57.03 omnilex-key=us-wi-regs-official--agency-dcf--DCF 57.03}

A person who is licensed under this chapter shall operate the group home in compliance with this chapter; the provisions and conditions of the license; and all applicable local, state, and federal law.

History

CR 26-005: cr. Register May 2026 No. 845, eff. 6-1-26.

Wis. Admin. Code § DCF 57.04 Inspections, records, and requests for information {#sec-dcf-57.04 omnilex-key=us-wi-regs-official--agency-dcf--DCF 57.04}

(1) Inspection of premises. The department may visit and inspect a group home and shall be given unrestricted access to the premises, residents, paper or electronic resident records, personnel files, and all policies and procedures required under this chapter.

(2) Records. A licensee shall maintain the following records for 5 years:

(a) Schedules for staff members that verify that the applicable staff-to-resident ratio in s. DCF 57.19 (2) or 57.38 (10) were met.

(b) Staff member payroll.

(3) Requests for information.

(a) A licensee shall respond to requests for information from the department, a placing agency, or any other governmental agency with statutory authority to see the information in a time frame specified by the requesting party.

(b) A licensee shall ensure that all information and documentation submitted to or shared with the department, a placing agency, or any other governmental agency is current, accurate, and complete.

History

CR 26-005: cr. Register May 2026 No. 845, eff. 6-1-26.

Wis. Admin. Code § DCF 57.05 Program statement; policies and procedures {#sec-dcf-57.05 omnilex-key=us-wi-regs-official--agency-dcf--DCF 57.05}

(1) Program statement. Each licensee shall have a written program statement that includes all of the following:

(a) A description of the group home’s purpose and philosophy.

(b) A description of the resident population served by the group home.

(d) A description of the daily activities available to residents.

(e) A nondiscrimination statement that indicates that the licensee does not discriminate against a resident because of race or cultural identification, sex, sexual orientation, age, color, creed, ancestry, national origin, disability, political affiliations, or religious beliefs.

(2) Policies and procedures. A licensee shall act in accordance with and ensure that staff members, other employees and contractors, and volunteers act in accordance with all applicable policies and procedures that the licensee is required to create under this chapter.

Note: DCF-F-CFS2378, Policy/Procedure Checklist – Group Homes, is available in the forms section of the department’s website at https://dcf.wisconsin.gov/forms.

History

CR 26-005: cr. Register May 2026 No. 845, eff. 6-1-26.

Wis. Admin. Code § DCF 57.06 Financial records and audits {#sec-dcf-57.06 omnilex-key=us-wi-regs-official--agency-dcf--DCF 57.06}

(1) A licensee shall do all of the following:

(a) Arrange for an annual audit report prepared by a certified public accountant in accordance with guidelines available from the department’s bureau of finance and submit it to the department.

Note: The annual audit shall be emailed to DCFAuditors@wisconsin.gov. For further information contact the Department of Children and Families, Bureau of Finance, 201 W. Washington Avenue, P.O. Box 8916, Madison WI 53708-8916 or 608-422-7000.

(b) Establish and maintain an accounting system that enables a group home to accurately report income and disbursements by the cost categories in the cost and service report in s. DCF 57.62 (1) (a).

(2) A licensee shall be responsible for the secure and judicious use of the funds of the group home. Policies and practices shall be in accord with sound budgeting, disbursement, and audit control procedures.

History

CR 26-005: cr. Register May 2026 No. 845, eff. 6-1-26.

Wis. Admin. Code § DCF 57.07 Department memos {#sec-dcf-57.07 omnilex-key=us-wi-regs-official--agency-dcf--DCF 57.07}

A licensee shall do all of the following:

(1) Register to receive department memos on child welfare licensing and child welfare policy by email.

(2) Submit a new registration if the licensee’s email address changes.

Note: Sign up for child welfare licensing memos at https://dcf.wisconsin.gov/cwlicensing/signup. Sign up for child welfare policy memos at https://dcf.wisconsin.gov/cwportal/sign-up.

History

CR 26-005: cr. Register May 2026 No. 845, eff. 6-1-26.

Wis. Admin. Code § DCF 57.08 Insurance {#sec-dcf-57.08 omnilex-key=us-wi-regs-official--agency-dcf--DCF 57.08}

(1) A licensee shall annually provide the department with proof that the group home has general liability insurance coverage for the premises.

(2) For each motor vehicle that is used to transport a resident and owned by the licensee or the group home, the licensee shall maintain motor vehicle bodily injury and property damage liability insurance coverage in amounts that are no less than the amounts in s. 121.53 (1), Stats.

Note: See ss. DCF 57.10 (6) (c), 57.14 (2), and 57.15 (6) (d) on the insurance requirement for staff members, other employees or contractors, and volunteers driving a resident in their personal motor vehicles.

History

CR 26-005: cr. Register May 2026 No. 845, eff. 6-1-26.

Wis. Admin. Code § DCF 57.09 Licensee reporting requirements {#sec-dcf-57.09 omnilex-key=us-wi-regs-official--agency-dcf--DCF 57.09}

(1) Serious incidents.

(a) A licensee shall report the following serious incidents to the department within 72 hours after the occurrence:

An incident of suspected or reported child abuse or child neglect by a staff member, other employee or contractor, or volunteer of the group home.
An incident requiring law enforcement services that occurs on the group home premises or at another location while the licensee has primary responsibility for the resident’s immediate care and supervision.
The use of a physical restraint on a resident. The report shall include the requirements specified in s. DCF 57.26 (4) (f).
A serious injury or trauma to a resident or staff member for which the resident or staff member requires the services of a medical provider.
A medication administration error that results in an adverse reaction.
A suicide attempt by a resident.
A case or suspected case of a communicable disease specified in ch. DHS 145 Appendix A in the group home.
Any damage to the premises or equipment failure that would affect compliance with this chapter and endanger a resident’s physical safety.
A fire on the premises that requires the services of a fire department.
An incident or condition that requires the relocation of residents from the group home or the closure of the group home.

(b) The licensee shall report the death of a resident to the department within 24 hours after the occurrence.

Note: Report a serious incident to the department using DCF-F-CFS2146, Serious Incident Report, and upload the completed form and any staff member statements to the webpage https://dcf.wisconsin.gov/cwlicensing/sirsubmittal.

(d) The licensee shall notify the placing agency and the resident’s parent, guardian, legal custodian, or Indian custodian within 24 hours if a serious incident under par. (a) or (b) occurs that involves a resident.

(2) Child abuse or neglect. A licensee who knows or has reasonable cause to suspect that a resident has been abused or neglected shall immediately make a report using the procedures provided in s. 48.981 (2) and (3) (a), Stats.

(3) Licensee background reporting requirements. As soon as possible but no later than the department’s next business day, the licensee shall report to the department if the licensee meets any of the conditions in s. DCF 57.10 (8) (a).

(4) Discontinuing operation. A licensee shall notify the department in writing at least 30 days before discontinuing operation of a group home.

History

CR 26-005: cr. Register May 2026 No. 845, eff. 6-1-26.

Subchapter II Personnel

Wis. Admin. Code § DCF 57.10 Staff members {#sec-dcf-57.10 omnilex-key=us-wi-regs-official--agency-dcf--DCF 57.10}

(2) Personnel policies. A licensee shall have written personnel policies that describe the roles and responsibilities of staff members.

(3) Required staff.

(a) Program director.

Each group home shall have a program director who oversees program operation and development and does all of the following:

a. Develops, reviews, and updates resident assessments and treatment plans under s. DCF 57.18.

b. Periodically reviews and updates group home policies and procedures.

The program director shall have either of the following qualifications:

a. A bachelor’s degree or higher and 2 or more years of supervised child welfare work experience.

b. Five or more years of experience working in a licensed group care setting working with children or adults.

(b) Group home manager.

Each group home shall have a group home manager who oversees the daily operations of the group home and the admission of each resident to the group home.
A group home manager shall meet the qualifications of resident care staff under par. (c) and have either of the following qualifications:

a. An associate degree or higher.

b. Two or more years of experience in a licensed group care setting working with children or adults.

A group home manager may also function as the program director if the group home manager has the qualifications of the program director under par. (a) 2.

Each group home shall have resident care staff who are responsible for the daily supervision and direct care to residents to ensure their safety and well-being.
Before working independently with a resident, resident care staff shall do all of the following:

a. Complete the orientation training under s. DCF 57.12 (1).

b. Work with a qualified, experienced staff member of the group home for at least the first 80 hours of employment.

(4) Age requirement. A staff member shall be 18 years of age or older.

(5) Competency. A staff member shall demonstrate competency in their role, including the topics covered in the orientation training in s. DCF 57.12 (1).

(6) Driving a resident.

(a) A staff member may not drive a vehicle transporting a resident if they do not possess a valid driver’s license or if their driving record indicates a reckless driving violation under s. 346.62, Stats., or an operating under the influence of an intoxicant or other drug violation under s. 346.63, Stats., within the previous 12 months.

(b) The licensee shall obtain a staff member’s driving record annually and review it to determine if par. (a) applies if the staff member may drive a vehicle transporting a resident.

Note: A driving record is available from the Department of Transportation, DMV Online Services, “Other Online Services” website at https://wisconsindot.gov/Pages/online-srvcs/OtherServices.aspx.

(c) The licensee shall require a staff member to provide proof of motor vehicle bodily injury and property damage liability insurance if the staff member uses their personal motor vehicle to transport a resident as part of their required duties.

(7) Health.

(a) A staff member may not have a physical or mental condition that would prevent them from safely caring for a resident or that would threaten the health or safety of a resident.

(b)

If at any time, a licensee has reason to believe that the physical or mental health of a staff member or a prospective staff member may pose a threat to the health, safety, or welfare of a resident, the licensee may require an evaluation of the person’s physical or mental health or an assessment, such as an alcohol or other drug abuse assessment.
The licensee shall require the medical provider or licensed mental health professional to submit a written statement that indicates the professional’s opinion on the condition of the staff member or prospective staff member and the possible effect of that condition on a group home resident. A copy shall be kept in the staff member’s personnel file under s. DCF 57.13(2).

(8) Background reporting requirements.

(a) A licensee shall require each staff member to notify the licensee as soon as possible, but no later than the staff member’s next working day, if any of the following conditions apply:

The person is the subject of a pending criminal charge alleging that the person committed a serious crime as defined in s. 48.685 (1) (c), Stats.
The person has been convicted of any crime.
A final substantiated finding has been made that the person abused or neglected a child.
A finding that is comparable to a final substantiated finding has been made in any other jurisdiction.
A unit of government or a state agency, as defined in s. 16.61 (2) (d), Stats., has made a finding that the person has abused or neglected a client or misappropriated the property of a client.
The person has had a credential revoked or otherwise restricted by the department of safety and professional services.

Note: Publication DCF-P-5616, Barred offenses – residential care centers, group homes, shelter care facilities, and child placing agencies, is a list of serious crimes, as defined in s. 48.685 (1) (c), Stats. It is available on the department publications website at https://dcf.wisconsin.gov/publications.

(b) A licensee shall include the requirements in par. (a) in the group home personnel policies.

(9) Background information disclosure. The licensee shall require each staff member to complete a background information disclosure form every 4 years.

History

CR 26-005: cr. Register May 2026 No. 845, eff. 6-1-26.

Wis. Admin. Code § DCF 57.11 Hiring staff members {#sec-dcf-57.11 omnilex-key=us-wi-regs-official--agency-dcf--DCF 57.11}

Before a prospective staff member begins employment, the licensee shall have documentation that the prospective staff member meets all of the following conditions required in order to be hired as a staff member:

(1) The background check requirements under s. 48.685, Stats., based on all of the following:

(a) Information obtained under s. 48.685 (2) (b) and (ba), Stats.

(b) Any follow-up required under s. 48.685 (2) (bb), Stats.

(c) The licensee’s determination of whether any conviction that is not a serious crime under s. 48.685 (1) (c), Stats., is substantially related to the care of a resident under s. 48.685 (5m), Stats., with the documentation required under s. DCF 12.06 (3).

(2) Favorable written or oral references from 2 or more persons unrelated to the applicant.

Note: DCF-F-5381, Reference Check – Group Home, is a voluntary form that may be used to document references. The form is available in the forms section of the department’s website at https://dcf.wisconsin.gov/forms.

(3) A written statement from a medical provider that is dated within the previous 12 months that says the prospective staff member does not have a physical or mental condition that would interfere with the ability of the prospective staff member to work with or care for a resident.

(4) A licensee determination that the prospective staff member displays the capacity to successfully nurture and care for a resident, exercises sound judgment, does not have a history of a civil action or criminal conviction or administrative rule violation that is substantially related to the care of a resident, and does not abuse alcohol or drugs. The licensee shall consult s. DCF 12.06 for guidance in determining whether a civil action, criminal conviction, or administrative rule violation is substantially related to the care of a resident.

(5) A copy of the prospective staff member’s driver’s license and driving record and a written determination that s. DCF 57.10 (6) (a) is not applicable if the position may require driving a motor vehicle to transport a resident.

Note: A driving record is available from Department of Transportation, DMV Online Services, “Other Online Services” website at https://wisconsindot.gov/Pages/online-srvcs/OtherServices.aspx.

(6) The prospective staff member has not had a license for the care of children or vulnerable adults suspended, revoked, or not renewed for a substantive reason within the last 5 years.

History

CR 26-005: cr. Register May 2026 No. 845, eff. 6-1-26.

Wis. Admin. Code § DCF 57.12 Staff training {#sec-dcf-57.12 omnilex-key=us-wi-regs-official--agency-dcf--DCF 57.12}

(1) Orientation.

(a) Before a staff member may work independently with a resident, the licensee shall provide an orientation training on all of the following to the staff member:

The personnel policies created under s. DCF 57.10 (2).
The communication log under s. DCF 57.20.
Confidentiality of resident records and personally identifiable information, including any procedure created under s. DCF 57.22.
Staff conduct toward residents, including the principles of nurturing care under s. DCF 57.23.
The house rules created under s. DCF 57.24.
Resident rights under s. DCF 57.25.
Behavior intervention, including all of the following:

a. Prohibited measures under s. DCF 57.26 (3).

b. Emergency safety intervention under s. DCF 57.26 (4).

c. Trauma-informed approaches to de-escalation of a resident as specified in the group home procedure created under s. DCF 57.26 (5) (a).

Medication storage, administration, and disposal under s. DCF 57.29 (3), (4), and (7).
The licensee’s notification procedure under s. DCF 57.36 when a resident is absent from the group home without permission or past the resident’s scheduled return time.
Safety precautions and plans under s. DCF 57.40.
Instructions on how to use the fire extinguishers located in the group home and the fire evacuation procedure created under s. DCF 57.41 (2) (a).
Identifying signs of child abuse or neglect and the mandatory reporting requirement under s. 48.981 (2) and (3) (a), Stats.

(b) A licensee shall create a written procedure that specifies how the licensee orients new staff members to the topics in par. (a).

(2) Anti-human trafficking.

(a) Basic. Each staff member shall complete a basic anti-human trafficking training prescribed by the department within 3 months after their hire date unless they have previously received a certificate of training completion.

Note: The department-prescribed training is Human Trafficking 101: Understanding Child Sex Trafficking in Wisconsin. This course is available through the Wisconsin Child Welfare Professional Development System, https://wcwpds.wisc.edu/.

(b) Advanced. The licensee of a group home that specializes in serving residents who have been sex trafficked shall provide an advanced anti-human trafficking training approved by the department to each staff member within 3 months after their hire date unless the staff member has previously received a certificate of training completion.

Note: The department has approved the following training as meeting the advanced training requirement: https://endingthegame.com/. A licensee may submit a request to their department licensing specialist for approval of a different training.

(3) CPR, first aid, and automated external defibrillator certification. Each staff member shall have at the time of hire or shall obtain within 6 months after their date of hire a current and valid certification in cardiopulmonary resuscitation, first aid, and the use of an automated external defibrillator.

(4) Reasonable and prudent parent standard. A licensee shall ensure that a staff member successfully completes training on the application of the reasonable and prudent parent standard prior to making a parenting decision if s. DCF 57.28 (4) applies.

(5) Continuing education training. A licensee shall ensure that each staff member completes a minimum of 24 hours of continuing education annually on any of the following topics:

(a) Culturally competent care, including cultural bias and discrimination; sexuality and sexual boundaries, including the psychosocial and biological development of youth; and physical, mental, sensory, and health-related disabilities.

(b) Topics specific to caring for the resident population served by the group home.

History

CR 26-005: cr. Register May 2026 No. 845, eff. 6-1-26.

Wis. Admin. Code § DCF 57.13 Personnel records {#sec-dcf-57.13 omnilex-key=us-wi-regs-official--agency-dcf--DCF 57.13}

A licensee shall establish and maintain on the premises a personnel record for each staff member. A personnel record shall contain all of the following regarding the staff member:

(1) Proof of motor vehicle bodily injury and property damage liability insurance under s. DCF 57.10 (6) (c) if the staff member uses their personal vehicle to transport a resident or a child of a resident.

(2) Documentation of any health evaluation or assessment completed based on s. DCF 57.10 (7) (b).

(3) Employment application, date of hire, and the documentation required before the staff member begins employment under s. DCF 57.11.

(4) A background information disclosure form completed within the previous 4 years based on s. DCF 57.10 (9).

(5) Documentation that the staff member completed all training required under s. DCF 57.12. The documentation shall include all of the following for each training session:

(a) Legal name of the staff member.

(b) Date and time of the training.

(d) Length of the training session.

Note: A licensee may use the voluntary Form DCF-F-CFS2380-E, Orientation Documentation – Group Homes, for documentation of orientation training. The form is available at https://dcf.wisconsin.gov/cwlicensing/forms.

(6) If applicable, authorization from the program director or group home manager to administer medication under s. DCF 57.29 (4) (b).

(7) Any disciplinary actions issued to the staff member.

History

CR 26-005: cr. Register May 2026 No. 845, eff. 6-1-26.

Wis. Admin. Code § DCF 57.14 Other employees or contractors who are not staff members {#sec-dcf-57.14 omnilex-key=us-wi-regs-official--agency-dcf--DCF 57.14}

The following provisions apply regarding an employee or contractor who works in a group home, but is not a staff member:

(1) Hiring. The licensee shall abide by the hiring requirements in s. DCF 57.11, except s. DCF 57.11 (4).

(2) Transporting a resident. If the employee or contractor drives a vehicle transporting a resident, the conditions of s. DCF 57.10 (6) apply.

(3) Background reporting and information disclosure. The employee or contractor shall abide by the background reporting requirements in s. DCF 57.10 (8) and shall complete a background information disclosure every 4 years under s. DCF 57.10 (9).

(4) Child abuse and neglect reporting; confidentiality. The licensee shall provide the employee or contractor with a copy of s. 48.981, Stats., and the group home’s procedures on confidentiality and require them to do all of the following:

(a) Make reports of child abuse or neglect using the procedures in s. 48.981 (2) and (3) (a), Stats.

(b) Comply with requirements on the confidentiality of resident records and personally identifiable information under s. DCF 57.22 and group home procedures.

(5) Personnel records. The licensee shall maintain on the premises a personnel record that contains the documentation specified in s. DCF 57.13 (1), (3), and (4) as applicable to employees and contractors under this section.

History

CR 26-005: cr. Register May 2026 No. 845, eff. 6-1-26; correction in (4) (intro.) made under s. 13.92 (4) (b) 7., Stats., Register May 2026 No. 845.

Wis. Admin. Code § DCF 57.15 Volunteers {#sec-dcf-57.15 omnilex-key=us-wi-regs-official--agency-dcf--DCF 57.15}

(1) Each licensee shall create a written policy on what activities a volunteer may perform for the group home.

(2) A volunteer for a group home shall be at least 18 years old.

(3) Before a volunteer may begin performing activities, the licensee shall do all of the following:

(a) Require the volunteer to submit an application that includes the volunteer’s name, address, date of birth, and a completed background information disclosure form.

(b) Conduct a background check on the volunteer following the requirements in s. DCF 57.11 (1), except a fingerprint-based check under s. 48.685 (2) (ba), Stats., is not required.

(4) The licensee shall require each volunteer to complete a background information disclosure form every 4 years.

(5) The licensee and volunteer shall abide by the requirements in ss. DCF 57.10 (6) and (8) and 57.14 (4).

(6) The licensee shall maintain a file on the premises for each volunteer. The file shall contain all of the following information:

(a) The volunteer’s application information under sub. (3) (a) and the volunteer’s start date.

(b) A background information disclosure form completed by the volunteer within the past 4 years.

(d) Documentation that the conditions in s. DCF 57.10 (6) are met if the volunteer drives a motor vehicle to transport a resident.

History

CR 26-005: cr. Register May 2026 No. 845, eff. 6-1-26.

Subchapter III Admission and Discharge

Wis. Admin. Code § DCF 57.16 Admissions {#sec-dcf-57.16 omnilex-key=us-wi-regs-official--agency-dcf--DCF 57.16}

(1) Court order or voluntary placement agreement. A resident may only be admitted for placement in a group home under a court order or a voluntary placement agreement.

(2) Voluntary placement agreement. Except for care specified in s. DCF 57.38 and s. 48.63 (5), Stats., a resident may not be placed in a group home under a voluntary placement agreement for more than 15 days from the date of removal from their home that is specified in the agreement.

(3) Out-of-home care agreement. The licensee shall enter into and obtain a written agreement under s. 48.64 (1m), Stats., from any placing agency that places a resident in the group home. The agreement shall include all of the following provisions:

(a) The licensee will allow the placing agency access to the resident and the group home at all times.

(b) The resident will be released to the placing agency whenever the placing agency or the department finds that the best interest of the resident requires it.

(4) Admissions decision. The licensee shall make an admission decision in accordance with this chapter and the group home’s program statement and ability to meet the needs of the resident.

(5) Information to resident at intake.

(a) During a resident’s initial intake meeting, the responsible staff member shall provide in writing and discuss with the resident all of the following:

Exits and evacuation routes.
The house rules created under s. DCF 57.24.
Resident rights under s. DCF 57.25.
Name and contact information for the group home manager.
Documentation of any known scheduled court hearings, family interactions, or other appointments.
A description of the daily activities available to the resident.

(b) The responsible staff member shall document in the resident record that the resident received all of the information specified in par. (a).

Note: DCF-F-CFS2381, Resident Orientation Documentation – Group Home, is a voluntary form that can be used to comply with this paragraph. The form is available at https://dcf.wisconsin.gov/cwlicensing/forms.

(c) The licensee shall also provide the information specified in par. (a) 2. to 4. to the resident’s parent, guardian, legal custodian, or Indian custodian.

(6) Medical consent. A licensee shall obtain from the placing agency a copy of the consent for medical care and administration of medication signed by a resident’s parent, guardian, legal custodian, or Indian custodian and retain a copy of the consent in the resident’s record.

(7) Schedule medical and dental examinations.

(a) The licensee shall complete the act of scheduling a medical examination and a dental examination within 30 days after the resident’s admission unless the resident has already had the specified exam within the recommended periodicity schedule.

(b) Documentation of par. (a) in the resident’s record shall include the date that the act of scheduling the exam is completed or a statement as to when the resident’s next medical and dental examination is required.

History

CR 26-005: cr. Register May 2026 No. 845, eff. 6-1-26.

Wis. Admin. Code § DCF 57.17 Discharge {#sec-dcf-57.17 omnilex-key=us-wi-regs-official--agency-dcf--DCF 57.17}

(1) Planned. At least 30 days prior to a planned discharge of a resident, the licensee shall provide a copy of the resident’s treatment plan to the placing agency, resident, and the resident’s parent, guardian, legal custodian, or Indian custodian.

(2) Unplanned. If a resident’s discharge from the group home is not planned, the licensee shall update the treatment plan under s. DCF 57.18 (4) within 15 days after the discharge date and shall provide a copy of the resident’s treatment plan to the placing agency, resident, and the resident’s parent, guardian, legal custodian, or Indian custodian.

(3) Collaboration.

(a) The licensee and the placing agency shall collaborate to transition a resident out of a group home when the placing agency or the licensee determines that the current placement is not in the resident’s best interest or that the treatment goals in s. DCF 57.18 have been achieved.

(b) The licensee shall provide the placing agency with at least 30 days to make plans for a resident’s discharge, unless both parties agree to earlier removal.

(4) Personal belongings. All of a resident’s personal belongings shall accompany the resident upon discharge. A complete accounting of these items shall be maintained in the resident’s record under s. DCF 57.21 (1) (k). Medication shall be handled as required under s. DCF 57.29 (8).

(5) Discharge due to closure of a group home.

(a) Prior to the effective date of the closure of a group home the licensee shall arrange for an alternative placement for each resident in cooperation with the resident’s placing agency and the resident’s parent, guardian, legal custodian, or Indian custodian.

(b) The licensee shall provide the placement information to their department licensing specialist at least one week before the effective date of the closure, or, if a license revocation is effective in less than one week, as soon as practicable.

(6) QRTP discharge requirements. A licensee who operates a qualified residential treatment program shall provide discharge planning and family-based aftercare support as provided in s. DCF 61.03 (4).

Note: Section DCF 57.09 (4) requires that a licensee notify the department in writing at least 30 days before discontinuing operation of a group home.

History

CR 26-005: cr. Register May 2026 No. 845, eff. 6-1-26.

Subchapter IV Resident Care

Wis. Admin. Code § DCF 57.18 Treatment plans {#sec-dcf-57.18 omnilex-key=us-wi-regs-official--agency-dcf--DCF 57.18}

(1) Definition. In this section, “treatment team” means those who evaluate the resident’s progress and provide input into and implement the resident’s treatment plan. A resident’s “treatment team” includes the placing agency; the resident; the resident’s parent, guardian, legal custodian, or Indian custodian; and the persons who will provide the required services to the resident.

(2) Resident assessment.

(a) Within 30 calendar days after the date a resident is admitted to a group home, the program director shall complete a written assessment of the resident based on referral information provided by the placing agency, including the forms required under ch. DCF 37.

(b) The resident assessment shall contain information on all of the following:

Basic demographic details.
Reason for placement.
Strengths and needs based on the placing agency’s assessment or another assessment conducted by the program director.

Note: The placing agency is required to complete an assessment of a resident and the resident’s identified permanent resource no later than 30 days after the resident is placed in a group home. The placing agency conducts the assessment using the department’s standardized assessment tool, the Child and Adolescent Needs and Strengths tool. Information on the CANS can be found on the department website https://dcf.wisconsin.gov/cans.

Mental health history and any presenting symptoms.
Medical treatments, medication, special diet, or accommodations, if applicable.
Risk assessment for self-harm or suicidal ideation.

(3) Initial treatment plan.

(a) Within 30 calendar days after the date a resident is admitted to a group home, the program director shall develop an initial treatment plan in collaboration with the resident’s treatment team.

(b) Preparation for a resident’s discharge shall begin at the time of admission with the outlining of treatment goals to be achieved during the resident’s placement at the group home. A resident’s initial treatment plan shall be dated and include all of the following:

A summary of the strengths and needs of the resident and the resident’s parent, guardian, legal custodian, or Indian custodian based on the assessments under sub. (2) (b) 3.
Measurable treatment goals, time frames, and objectives for the placement in all areas of the resident’s life, including all of the following:

a. Supervision and safety.

b. Health, emotional, and behavioral stability.

c. Daily living and community integration.

d. Education.

e. Communication skills.

f. Legal status, including permanency planning issues.

Projected length of stay and conditions for discharge.
A description of behavior interventions to be used with the resident.
Specific services and supports, including names of persons or agencies responsible for providing services or supports to achieve the treatment goals.
The decision regarding room sharing under s. DCF 57.39 (11) (b).
If a resident is 14 years of age or over, a description of the programs and services that are or will be provided to assist the resident in preparing for the transition from out-of-home care to independent living as required under s. 48.38 (4) (h) or 938.38 (4) (h), Stats.

Note: DCF-F-CFS2430, Treatment Plan – Group Home, is a voluntary form that may be used to comply with this subsection. This form is available in the forms section of the department website at https://dcf.wisconsin.gov/forms.

(4) Treatment plan review. At least once every 3 months, the program director shall conduct a review of the treatment plan with the treatment team members and revise the treatment plan. The review and revised treatment plan shall include all of the following:

(a) Updates to sub. (3) (b).

(b) Specific indicators of progress toward treatment goals or that the goals have been achieved.

(d) Recommendations for continuing or additional services upon discharge and the name of the person or agency to receive the resident upon discharge.

Note: DCF-F-5382-E, Treatment Plan Review – Group Home, is a voluntary form that may be used to comply with this subsection. This form is available in the forms section of the department website at https://dcf.wisconsin.gov/forms.

(5) Treatment plan distribution. The program director shall ensure that a copy of a resident’s initial treatment plan and any treatment plan review is placed in the resident’s record under s. DCF 57.21 (1) (g) and given to each member of the treatment team.

History

CR 26-005: cr. Register May 2026 No. 845, eff. 6-1-26.

Wis. Admin. Code § DCF 57.19 Staffing requirements {#sec-dcf-57.19 omnilex-key=us-wi-regs-official--agency-dcf--DCF 57.19}

(1) In this section, “supervision” means guidance of the behavior and activities of a resident by a staff member who is within sight or sound of a resident to ensure the safety and well-being of the resident.

(2) The staff-to-resident ratios of a group home shall be as follows:

(a) One to four during waking hours. A group home shall have at least one staff member awake and providing direct supervision for every 4 or fewer residents present during waking hours.

(b) One to eight during sleeping hours. A group home shall have at least one staff member awake and providing supervision during sleeping hours.

(3) The staff-to-resident ratios in sub. (2) and s. DCF 57.38 (10) are the minimal staffing requirements. The number of staff members on duty shall be increased as necessary to meet the needs of each resident.

Note: A licensee may submit an extraordinary payment request under s. DCF 57.64 to cover the expenses of providing more intensive supervision for the specific needs of a resident or a youth in respite care.

(4) A licensee shall ensure that supervision is provided for each resident appropriate to the resident’s age, maturity, behavior, and developmental level and sufficient to ensure the safety of each resident.

(5) A licensee who operates more than one group home may not do any of the following to meet the supervision requirements in subs. (2) and (4):

(a) Consider a staff member to be providing supervision at more than one group home during a scheduled shift.

(b) Temporarily move a resident from one group home to another group home.

(6) No resident may be left intentionally in the group home without supervision by a staff member.

(7) When all residents are scheduled to be away from the group home, at least one staff member shall be on call to provide supervision if a resident needs to return to the group home before their scheduled return time. The licensee shall provide each resident with a means of contacting the staff member who is on call.

(8) The staff-to-resident ratios for off-premises activities that are sponsored by the group home shall be the same as the ratios in sub. (2).

(9) A licensee shall have written procedures that specify how the group home complies with the requirements of this section.

History

CR 26-005: cr. Register May 2026 No. 845, eff. 6-1-26.

Wis. Admin. Code § DCF 57.20 Communication log {#sec-dcf-57.20 omnilex-key=us-wi-regs-official--agency-dcf--DCF 57.20}

(1) A licensee shall require staff members and RPPS decision-makers to use a communication log to document and communicate with each other about each resident. The communication log shall include all of the following for each shift:

(a) The chosen name of the resident being referenced in the communication log.

(b) The resident’s location, including details of where the resident was if not on premises.

(d) A summary of the resident’s participation in on-site and off-site programming, treatment, and other activities.

(e) Any serious incidents under s. DCF 57.09 (1) involving a resident.

(f) Any reasonable and prudent parenting requests and decisions made for a resident under s. DCF 57.28 for activities that do not take place in the group home and are not supervised by a staff member.

(g) A search conducted under s. DCF 57.25 (2).

(h) A transport of a resident.

(2) The communication log shall also include the name and arrival and departure time of each staff member for each shift.

Note: DCF-F-5276-E, Communication Log, is available in the forms section of the department website at http://dcf.wisconsin.gov. The use of this form is voluntary.

History

CR 26-005: cr. Register May 2026 No. 845, eff. 6-1-26; correction in (1) (b) made under s. 35.17, Stats., Register May 2026 No. 845.

Wis. Admin. Code § DCF 57.21 Resident records {#sec-dcf-57.21 omnilex-key=us-wi-regs-official--agency-dcf--DCF 57.21}

(1) A licensee shall maintain on the premises a record for each current resident. A resident record shall include all of the following regarding the resident:

(a) First name, last name, chosen name, date of birth, and any other relevant demographic information.

(b) Date of admission and discharge.

(d) Voluntary placement agreement or court order, or both, as appropriate.

(dm) Referral information, such as court reports and assessments from the placing agency, including the forms required under ch. DCF 37.

Note: Section DCF 37.03 (2) requires that a placing agency provide an out-of-home care provider with DCF-F-CFS0872A-E and DCF-F-CFS0872B-E, Information for Out-of-Home Care Providers, Part A & Part B, within 7 days after a resident’s placement.

(e) Name, address, and phone number of the placing agency; child welfare professional; and parent, guardian, legal custodian, or Indian custodian that is responsible for the resident.

(f) Name, address, and phone number of the resident’s medical provider, dentist, and any other treatment provider.

(g) Resident assessment, initial treatment plan, and treatment plan reviews under s. DCF 57.18.

(h) Current medical information, including all of the following:

Medical consent and signed releases.
Dates and results of all physical health, mental health, dental, and optical examinations that occur while the resident is placed in the group home.
Immunizations.
Medications and treatments that the resident receives under s. DCF 57.29 (5).
Any allergies, including food, medication, or environmental.
Any physical limitations and required adaptive devices.
Any statements from a medical provider, registered dietician nutritionist, or prenatal care provider regarding a resident’s diet under s. DCF 57.30 (5).

(i) Name of school and current grade.

(j) Any religious preference.

(k) Inventory of the resident’s possessions.

(L) Nonmedical signed releases and consents.

(m) Reasonable and prudent parenting decision records required under s. DCF 57.28 (3) (c).

(n) Any serious incident report involving the resident under s. DCF 57.09 (1).

(o) A description of any resident rights that are denied or limited and the disposition of any grievances under s. DCF 57.25 (4).

Note: DCF-F-CFS2382A Intake Information – Group Home Resident, is a voluntary form that may be used to comply with this subsection. This form is available in the forms section of the department website at https://dcf.wisconsin.gov/forms.

(2) The resident record required in sub. (1) shall be maintained by the licensee until the resident reaches the age of 21 or 7 years after the resident is discharged from the group home, whichever is later.

History

CR 26-005: cr. Register May 2026 No. 845, eff. 6-1-26.

Wis. Admin. Code § DCF 57.22 Confidentiality {#sec-dcf-57.22 omnilex-key=us-wi-regs-official--agency-dcf--DCF 57.22}

(1) A licensee shall ensure that each resident record and other personally identifiable information on the resident is kept confidential and protected from unauthorized examination pursuant to ss. 48.78 and 48.981 (7), Stats.; to ch. DHS 92 and s. 51.30 (4), Stats., where applicable; and to any other applicable state or federal laws.

(2) A licensee shall create written procedures on all of the following:

(a) Maintaining the confidentiality of resident records and personally identifiable information.

(b) Storage and access to electronic records.

History

CR 26-005: cr. Register May 2026 No. 845, eff. 6-1-26.

Wis. Admin. Code § DCF 57.23 Principles for nurturing care {#sec-dcf-57.23 omnilex-key=us-wi-regs-official--agency-dcf--DCF 57.23}

A licensee shall do all the following:

(1) Provide a safe, stable, and humane environment.

(2) Encourage a resident’s autonomy; respect a resident’s need for privacy; and consider a resident’s preferences and choices while providing care, supervision, and treatment.

(3) Provide care that is culturally responsive and respectful toward the beliefs, interpersonal styles, attitudes, and behavior of each resident and their family.

(4) Ensure a resident’s access to family and other persons with whom they have an important relationship.

History

CR 26-005: cr. Register May 2026 No. 845, eff. 6-1-26.

Wis. Admin. Code § DCF 57.24 House rules {#sec-dcf-57.24 omnilex-key=us-wi-regs-official--agency-dcf--DCF 57.24}

A licensee shall create written house rules that include a description of unacceptable resident conduct and the consequences for violation of a house rule.

History

CR 26-005: cr. Register May 2026 No. 845, eff. 6-1-26.

Wis. Admin. Code § DCF 57.25 Resident’s rights {#sec-dcf-57.25 omnilex-key=us-wi-regs-official--agency-dcf--DCF 57.25}

(1) Patient’s rights. A licensee shall be knowledgeable of and ensure that each staff member complies with the patient rights and grievance resolution procedures in ch. DHS 94 and s. 51.61, Stats., for each resident who receives services for treatment of mental illness, a developmental disability, alcoholism, or drug dependency.

(2) Comparable to patient’s rights; searches. A resident who is not receiving the services specified in sub. (1) shall have a written rights and a grievance resolution procedure that are comparable to those found in ch. DHS 94 and s. 51.61, Stats., and, except that a search may only be conducted as follows:

(a) A staff member may search a resident’s sleeping area, belongings, and other storage space used by the resident without the resident’s consent if the staff member believes the search is necessary to prevent harm to the resident or another person.

(b) The staff member shall inform the resident of the search if the resident did not consent in advance.

(3) Post rights. A copy of patients’ rights under ch. DHS 94, the group home grievance procedure, and the rule on searches in sub. (2) shall be posted in each group home in a prominent place accessible to residents, staff members, and visitors.

Note: The DHS 94 patient’s rights information and posters can be obtained at http://dhs.wisconsin.gov/clientrights/FormsPubsPosters.htm

(4) Documentation. If a resident’s rights are limited or denied under this section, the licensee shall document any denial or limitation of rights in the resident’s record under s. DCF 57.21 (1) (o), unless otherwise required by ch. DHS 94. The documentation shall include a description of the following:

(a) The resident’s right that was affected.

(b) Any less restrictive alternatives that were considered.

(d) Specific individualized limitation or denial.

(e) Conditions required for restoring or granting the limited or denied right.

Note: DHS Form F-26100, Client Rights Limitation or Denial Documentation, is available in the forms section of the Department of Health Services website http://www.dhs.wisconsin.gov/forms and may be used to fulfill the requirements of this subsection.

(5) Procedures. A licensee shall create a written procedure that includes all of the following:

(a) How the group home conducts a search in compliance with sub. (2).

(b) What the licensee or a staff member will do if a dangerous item is found during a search.

History

CR 26-005: cr. Register May 2026 No. 845, eff. 6-1-26.

Wis. Admin. Code § DCF 57.26 Behavior intervention {#sec-dcf-57.26 omnilex-key=us-wi-regs-official--agency-dcf--DCF 57.26}

(1) Discipline. When deciding on the appropriate disciplinary action for a resident, a staff member shall consider information in the resident’s treatment plan on the resident’s trauma history; age; and cognitive, emotional, physical, and behavioral capacities to understand and learn age-appropriate behaviors.

(2) Resident-specific precautions. If a resident has a propensity or known history of harm to others or engages in self-harm or suicidal ideation, staff members shall take precautions to protect the resident and others having contact with the resident.

(3) Prohibited measures. No licensee, staff member, other employee or contractor, or volunteer or may do any of the following:

(a) Hit, shake, pinch, push, twist, physically intimidate, threaten to physically harm, or use any other means that is known or should be known to inflict mental or physical harm or any other actions that may be psychologically, emotionally, or physically painful to a resident.

(b) Deprive a resident of their basic needs, including food, sleep, clothing, toileting access, and interactions with their family.

(d) Lock a resident in a room or any other place.

(e) Prevent a resident from entering the group home unless the resident poses an imminent danger to a person in the group home.

(f) Use any item to cover a resident’s head or face or wrap the resident’s body with sheets, blankets, or any other material.

(g) Require a resident to march, stand, kneel, or assume and remain in any fixed position.

(h) Release any noxious, toxic, or otherwise unpleasant substances near the face of a resident.

(i) Authorize, direct, or ask a resident to discipline another resident.

(j) Discipline one resident for the behavior or action of another resident.

(k) Employ any measure that is aversive, cruel, or humiliating or that may be psychologically, emotionally, or physically painful, discomforting, dangerous, or potentially injurious to a resident.

(L) Use any mechanical restraint or equipment that restricts the movement of a resident or a portion of the resident’s body as behavior intervention.

(4) Emergency safety intervention.

(a)

A staff member may not use any type of physical restraint on a resident unless the resident’s behavior presents an imminent danger and physical restraint is necessary to contain the risk and keep the resident or others safe.
A licensee who is not serving as a staff member and any other employee or contractor or volunteer may not use any type of physical restraint on a resident.

(b) A staff member shall attempt other feasible alternatives to de-escalate a resident and situation before using physical restraint.

(c) A staff member may not use physical restraint as disciplinary action, for the convenience of the staff member, or for therapeutic purposes.

(d) If physical restraint is necessary under par. (a), a staff member may only use the physical restraint in the following manner:

With the least amount of force necessary and in the least restrictive manner to manage the imminent danger of harm to self or others.
That lasts only for the duration of time that there is an imminent danger of harm to self or others.
That does not include any of the following:

a. Any maneuver or technique that does not give adequate attention and care to protection of the resident’s head.

b. Any maneuver that places pressure or weight on the resident’s chest, lungs, sternum, diaphragm, back, or abdomen causing chest compression.

c. Any maneuver that places pressure, weight, or leverage on the neck or throat, on any artery, or on the back of the resident’s head or neck or that otherwise obstructs or restricts the circulation or blood or obstructs an airway, such as straddling or sitting on the resident’s torso.

d. Any type of choke hold.

e. Any technique that uses pain inducement to obtain compliance or control, including punching, hitting, hyperextension of joints, or extended use of pressure points for pain compliance.

f. Any technique that involves pushing on or into a resident’s mouth, nose, or eyes or covering the resident’s face or body with anything, including soft objects, such as pillows, washcloths, blankets, and bedding.

g. Any technique that results in the resident being in a prone position.

Notwithstanding subd. 3. f., if a resident is biting themselves or another person, a staff member may use a finger in a vibrating motion to stimulate the resident’s upper lip and cause the resident’s mouth to open and may lean into the bite with the least amount of force necessary to open the resident’s jaw.

(e) After an episode of physical restraint, a debriefing shall take place with the resident and each staff member involved in the physical restraint.

(f) Each staff member who uses a physical restraint or who witnesses the use of a physical restraint shall within 24 hours of each incident give the program director or group home manager a written description of the incident. The program director or group home manager shall document each incident, including date, time, and a description of the circumstances of the incident, and report the incident to the department as required under s. DCF 57.09 (1) (a) 3. The description shall include all of the following:

The name and age of each resident involved.
The date, time, and location of the incident.
The legal name and job title of each staff member involved in the restraint and the name of any other person who witnessed the use of the restraint with a description of their role in the group home.
Circumstances leading up to the use of restraint, the behavior that prompted the restraint, efforts made to de-escalate the situation, and the alternatives to restraint that were attempted.
A description of the administration of the restraint, including the holds used and the reasons the holds were necessary.
The beginning and ending time of the restraint and how the restraint ended.
Behavior of the resident during and after the use of the restraint.
Any injuries sustained by a resident, staff member, or other person and any medical care provided, including the name and title of the person providing the care.
Any follow-up debriefing provided to residents, staff members, and others.

(5) Procedures. A licensee shall create written procedures on all of the following:

(a) Trauma-informed methods for staff members to follow to de-escalate a resident.

(b) The use of a physical restraint under sub. (4).

History

CR 26-005: cr. Register May 2026 No. 845, eff. 6-1-26.

Wis. Admin. Code § DCF 57.27 Resident activities {#sec-dcf-57.27 omnilex-key=us-wi-regs-official--agency-dcf--DCF 57.27}

(1) Scheduling. A licensee shall establish and implement a daily schedule for all residents.

(2) Activities. A resident shall have access to activities based on their interests, including all of the following:

(a) Leisure-time activities.

(b) Opportunities to engage in social and recreational activities in the community.

(d) Vocational or volunteer activities.

(e) Educational activities.

(f) Religious training and practice.

History

CR 26-005: cr. Register May 2026 No. 845, eff. 6-1-26.

Wis. Admin. Code § DCF 57.28 Promoting normalcy {#sec-dcf-57.28 omnilex-key=us-wi-regs-official--agency-dcf--DCF 57.28}

(1) Definitions. In this section:

(a) “Age or developmentally appropriate” means to be generally accepted as suitable for children of a given chronological age or level of maturity or that are determined to be developmentally appropriate for a child based on the cognitive, emotional, physical, and behavioral capacities that are typical for children of a given age or age group or, in the case of a specific resident, activities that are suitable for the resident based on the cognitive, emotional, physical, and behavioral capacities of that resident.

(b) “Normalcy” means a resident’s ability to easily engage in healthy and age or developmentally appropriate activities that promote their well-being, such as participation in social, scholastic, and enrichment activities.

(c) “RPPS decision-maker” means a staff member who has successfully completed training on the application of the reasonable and prudent parent standard and makes reasonable and prudent parenting decisions under this section.

(2) Similar to peers. A licensee shall promote normalcy and the healthy development of a resident by supporting the resident’s right to participate in extracurricular, enrichment, cultural, religious, and social activities and to have experiences that are similar to those of the resident’s peers of the same age, maturity, or development.

(3) RPPS decision-maker.

(a) A staff member shall have access at all times to at least one RPPS decision-maker who is employed at the group home.

(b) An RPPS decision-maker shall have knowledge of a resident and access to the resident’s treatment plan and other resident records under s. DCF 57.21 related to the decision-making factors in sub. (4) (b).

(c) An RPPS decision-maker shall document on a form prescribed by the department any decision made under this section that requires written permission from the group home in lieu of the resident’s parent, guardian, legal custodian, or Indian custodian. The completed form shall be placed in the resident’s record under s. DCF 57.21 (1) (m).

Note: DCF-F-5124-E, Reasonable and Prudent Parent Decision Record, is available in the forms section of the department website at https://dcf.wisconsin.gov/forms.

(4) Reasonable and prudent parent standard.

(a) Promote normalcy. An RPPS decision-maker shall promote normalcy for a resident by using the reasonable and prudent parent standard when making a decision about a resident’s participation in age or developmentally appropriate extracurricular, enrichment, cultural, and social activities.

(b) Decision-making factors. When applying the reasonable and prudent parent standard, the RPPS decision-maker shall consider all of the following:

The resident’s treatment plan.
The health, safety, and best interests of the resident.
The physical and emotional developmental level of the resident.
The resident’s wishes, as gathered by engaging the resident in an age-appropriate discussion about participation in the activity.
The cultural, religious, and tribal values of the resident and the resident’s family. If reasonably possible to do so, the RPPS decision-maker shall consult with the resident’s parent, guardian, legal custodian, or Indian custodian about the resident’s participation in extracurricular, enrichment, cultural, and social activities and the resident’s cultural, religious, and tribal values in making decisions concerning the resident’s participation in those activities, but the RPPS decision-maker is not required to consult with the parent, guardian, legal custodian, or Indian custodian about every decision affecting the resident. If the RPPS decision-maker is unable to consult with the resident’s parent, guardian, legal custodian, or Indian custodian, they shall consult with the placing agency about any cultural, religious, or tribal values to be considered.
Court orders and other legal considerations affecting the resident, including the prohibitions in par. (f).
Potential risks of the activity under consideration.
Whether the resident has the necessary training and safety equipment to safely participate in the activity under consideration.
Whether participating in the activity will provide experiences that are similar to the experiences of other residents in the group home.
Developmental activities of peers.
Information on the forms required under ch. DCF 37.

Note: The forms required under ch. DCF 37 are DCF-F-872A-E, Information for Out-of-Home Care Providers, Part A and DCF-F-872B-E, Information for Out-of-Home Care Providers, Part B.

(c) Indian child. If the resident is an Indian child, the supervising agency shall ask the resident’s parent, guardian, legal custodian, or Indian custodian and the Indian child’s tribe about specific tribal values and customs and provide this information to the RPPS decision-maker.

(d) Conflicting appointments. If an activity that promotes normalcy conflicts with a scheduled family interaction, therapy, or other appointment, the RPPS decision-maker shall consult with the resident’s child welfare professional about whether the activity may be accommodated.

(e) Resident’s hair.

If a resident is under 12 years of age, the following provisions apply regarding the resident’s hair:

a. The RPPS decision-maker may not provide hair care or authorize any hair care services that would significantly change the style, cut, or color of the resident’s hair without permission from the resident’s parent, guardian, legal custodian, or Indian custodian.

b. The RPPS decision-maker may provide hair care or authorize hair care services needed to maintain the style, cut, and color of the resident’s hair.

A resident who is 12 years of age or older may make their own hair care decisions without authorization from the RPPS decision-maker or the resident’s parent, guardian, legal custodian, or Indian custodian.

(f) Prohibitions. A RPPS decision-maker may not do any of the following:

Permit a resident to participate in an activity that would violate a court order or any federal or state statute, rule, or regulation.
Make decisions that conflict with the resident’s permanency plan or family interaction plan.
Consent to the resident’s marriage.
Authorize the resident’s enlistment in the U.S. armed forces.
Authorize medical, psychiatric, or surgical treatment for the resident beyond the terms of the consent for medical services authorized by the resident’s parent, guardian, legal custodian, or Indian custodian.
Represent the resident in legal actions or make other decisions of substantial legal significance.
Determine which school the resident attends or make a decision concerning the resident regarding an educational right or requirement that is provided in federal or state law.
Require or prohibit a resident’s participation in an age or developmentally appropriate activity solely for convenience or based solely on the RPPS decision-maker’s own values.

(g) Procedure. A licensee shall develop a written procedure that specifies how staff members are to comply with the requirements in this section.

History

CR 26-005: cr. Register May 2026 No. 845, eff. 6-1-26.

Wis. Admin. Code § DCF 57.29 Health {#sec-dcf-57.29 omnilex-key=us-wi-regs-official--agency-dcf--DCF 57.29}

(1) Consent. Any medical examination or service provided to a resident shall be provided only by an individual licensed to perform the examination or service being provided. Before an examination or service is provided, written consent to perform the examination or service shall be obtained pursuant to the applicable law relating to the type of service and the age of the resident.

Note: DCF-F-CFS2379-E, Medical Services Consent – Child Welfare Facilities, is available in the forms section of the department website at https://dcf.wisconsin.gov/forms.

(2) Health care.

(a) A licensee shall provide each resident with necessary and preventative medical, dental, and optical care consistent with the resident’s age-based periodicity schedule and whenever additional care is needed.

(b) A licensee shall provide each resident with mental health care as needed based on the resident’s treatment plan and the recommendation of the resident’s mental health provider.

(3) Medication storage. The licensee shall comply with all of the following requirements for storing medication:

(a) Medication, including over-the-counter medication, shall be kept in the container in which it was purchased or prescribed.

(b) Medication shall be kept in a locked storage device in a location that is inaccessible to persons who do not have permission to access the medication.

(4) Medication administration.

(a) Procedure. A licensee shall create a written procedure that specifies how a staff member is to do all of the following:

Administer a resident’s medication.
Observe the resident taking the medication.
Monitor the resident for side effects to the administered medication.
Monitor for reactions due to refusal of medication.
Abide by clinically acceptable standards for good medical practice.

(b) Authorization.

The licensee may not allow a staff member to administer medication unless the staff member has received and reviewed the procedure under par. (a) and has been authorized in writing by the program director or group home manager to administer medication.
Prescription medication may be administered if there is a written order from the resident’s medical provider in the resident’s record authorizing the use of the medication.
Over-the-counter medication that is approved by the federal food and drug administration may be administered to a resident if it is not contraindicated with any other medication prescribed to the resident.
A licensee shall obtain approval from a medical provider before administering a dietary supplement, natural supplement, or vitamin that is not approved by the federal food and drug administration to a resident and shall follow the same procedure as specified in par. (c).
A licensee shall document the administration of the dietary supplement, natural supplement or vitamin as specified in sub. (5).

(c) Medication instructions. A staff member shall review all of the following prior to administering a specific prescribed or over-the counter medication:

The condition for which the medication is being administered and the instructions for administering the prescribed medication as indicated on the label and any other instructions that came with the medication.
The instructions for administering an over-the-counter medication as indicated on the label, unless there are instructions in writing or verbally from a medical provider with alternative instructions on the dosage or how the medication should be administered.
Any other information that may be relevant to administration of the medication.

(5) Medication administration record.

(a) The staff member administering the medication shall document all of the following:

Full name of the resident to whom the medication was administered.
Date and time the medication was administered and the method of administration.
Name and dosage of the administered medication or medical treatment received.
Refusal, adverse reaction, or error in medication administration.
Name of the staff member administering the medication.

(b) The medication administration record shall be on a form prescribed by the department or a licensee’s electronic version that includes all of the information specified in par. (a).

Note: Form DCF-F-CFS2338, Medication Administration Record - Group Homes, is a voluntary form that may be used to comply with this subsection. The form is available at https://dcf.wisconsin.gov/cwlicensing/forms.

(6) Psychotropic medication.

(a) Definition. In this subsection, “psychotropic medication” means any drug that affects the mind and is used to manage a resident’s behavior or psychiatric symptoms and may include an antipsychotic, antidepressant, lithium carbonate, or tranquilizer.

(b) Rights of residents. A licensee shall comply with the provisions of s. 51.61 (1) (g) and (h), Stats., for each resident who is prescribed psychotropic medication.

(c) Procedural requirements. A licensee serving a resident for whom psychotropic medication is newly prescribed shall ensure that all of the following requirements are met:

The licensee shall collaborate with the placing agency to ensure that the resident attends all medical evaluations and that the evaluation detailing the reason for the type of psychotropic medication prescribed is documented in the resident’s record within 7 days after the resident has been prescribed a new psychotropic medication.
Unless the medication is administered under a court order, written consent shall be obtained from the resident if the resident is 14 years of age or older and from the parent or guardian as required under s. DHS 94.03.
All staff members that administer psychotropic medication are informed of the medication’s potential benefits, side effects, and contraindicated medications.

(d) Revocation of consent or refusal to take.

Unless the medication is administered under court order, a resident’s parent or guardian or a resident 14 years of age or older may revoke consent for nonemergency use of psychotropic medications to the extent permitted by law at any time, as provided under s. DHS 94.03.
When consent is revoked, the licensee shall inform the prescribing medical provider and the placing agency of the consent revocation and document the revocation in the resident’s record.
When a resident refuses to take a prescribed psychotropic medication, the licensee shall do all of the following:

a. Document the reasons for refusal in the resident’s record.

b. Notify the resident’s medical provider; the parent, guardian, legal custodian, or Indian custodian; and the placing agency. Notification shall be immediate if the resident’s refusal threatens the resident’s well-being and safety.

(7) Medication disposal.

(a) The licensee shall dispose of medication at an authorized department of health services or law enforcement pharmaceutical drop-off site within one week after the medication’s expiration date or the date the medication is no longer in use by the resident for whom the medication was prescribed or purchased.

Note: The Department of Health Services’ authorized pharmaceutical drop-off sites are listed at https://www.dhs.wisconsin.gov/opioids/permanent-drug-drop-boxes.htm.

(b) The licensee shall maintain a log of medication that has been disposed of that includes all of the following:

Name of the resident to whom the medication belongs.
Name of the medication.
Amount of medication that was disposed.
Date and location where the medication was disposed.
Name of the staff member who disposed of the medication.

(8) Release of medication. At the time of a resident’s discharge, the licensee shall release medication to a resident’s parent, guardian, legal custodian, or Indian custodian and document the medication release on the log of medication as specified in sub. (7) (b) 1. to 5.

History

CR 26-005: cr. Register May 2026 No. 845, eff. 6-1-26; correction in (4) (b) 4. made under s. 35.17, Stats., Register May 2026 No. 845.

Wis. Admin. Code § DCF 57.30 Food and nutrition {#sec-dcf-57.30 omnilex-key=us-wi-regs-official--agency-dcf--DCF 57.30}

(1) A licensee shall ensure each resident is offered enough food to meet their daily nutritional needs.

(2) A licensee shall allow youth access to food and beverages in a manner that is most home-like and least restrictive.

(3) A licensee may not lock or restrict a resident’s access to any food unless the food is being stored for future meals or snacks.

(4) A resident shall be given food choices that are in accordance with their cultural practices or dietary preferences.

(5) A licensee shall provide a resident with a diet that is prescribed or recommended by the resident’s medical provider, registered dietician nutritionist, or prenatal care provider to meet the needs of the resident, including a modification to the requirements in sub. (2) or (3). A statement outlining the prescribed or recommended diet shall be in the resident’s record.

(6) A licensee shall retain a written menu for at least 30 days after a meal has been served.

History

CR 26-005: cr. Register May 2026 No. 845, eff. 6-1-26.

Wis. Admin. Code § DCF 57.31 Hygiene {#sec-dcf-57.31 omnilex-key=us-wi-regs-official--agency-dcf--DCF 57.31}

(1) A licensee shall provide residents with their own soap, clean towels, toothpaste, shampoo, conditioner, deodorant, and other personal hygiene products, such as menstrual products, that are reasonably responsive to the requests of the residents and culturally appropriate for each resident.

(2) A licensee shall provide hair care products that meet the individual needs of a resident to protect, maintain, and style their hair.

History

CR 26-005: cr. Register May 2026 No. 845, eff. 6-1-26.

Wis. Admin. Code § DCF 57.32 Clothing {#sec-dcf-57.32 omnilex-key=us-wi-regs-official--agency-dcf--DCF 57.32}

(1) The licensee shall provide clothing for each resident that is individually selected and fitted, appropriate to the season, and comparable to that of peers in the community.

(2) Each resident’s clothing shall be regularly laundered and in good repair.

History

CR 26-005: cr. Register May 2026 No. 845, eff. 6-1-26.

Wis. Admin. Code § DCF 57.33 Education {#sec-dcf-57.33 omnilex-key=us-wi-regs-official--agency-dcf--DCF 57.33}

(1) A licensee shall ensure that each resident complies with the school attendance requirements under chs. 115 and 118, Stats., unless otherwise excused by school officials.

(2) The licensee shall provide internet access in the group home for residents to complete school assignments.

(3) The licensee may not provide a home-based private educational program to residents unless the program is approved by the department of public instruction as a private school under s. 118.165, Stats.

History

CR 26-005: cr. Register May 2026 No. 845, eff. 6-1-26.

Wis. Admin. Code § DCF 57.34 Household duties {#sec-dcf-57.34 omnilex-key=us-wi-regs-official--agency-dcf--DCF 57.34}

(1) Each resident shall have opportunities to share in responsibility for household duties or chores appropriate to the resident’s age, developmental level, health, and ability.

(2) A resident’s household duties may not interfere with school attendance, family visits, sleep, study, or religious practice and may not violate the principles of nurturing care in s. DCF 57.23.

(3) A licensee may not rely solely on the household duties of residents to ensure compliance with s. DCF 57.39 (1) (b).

History

CR 26-005: cr. Register May 2026 No. 845, eff. 6-1-26.

Wis. Admin. Code § DCF 57.35 Money {#sec-dcf-57.35 omnilex-key=us-wi-regs-official--agency-dcf--DCF 57.35}

(1) Each resident shall be given a regular base amount of spending money appropriate to their age and developmental level.

(2) A resident’s base amount of spending money may not be withheld as a disciplinary action.

(3) A resident shall have access to any monies from employment, gifts, or allowance upon discharge.

History

CR 26-005: cr. Register May 2026 No. 845, eff. 6-1-26.

Wis. Admin. Code § DCF 57.36 Resident absence {#sec-dcf-57.36 omnilex-key=us-wi-regs-official--agency-dcf--DCF 57.36}

(1) A licensee shall notify law enforcement; the placing agency; and the resident’s parent, guardian, legal custodian or Indian custodian within 8 hours if a resident has been absent from the group home without permission or past the resident’s scheduled return time.

(2) Notwithstanding sub. (1), a licensee shall notify the parties specified in sub. (1) within one hour of the resident’s absence if the resident’s age, maturity, or emotional capacity indicate that the resident’s absence may place the resident in danger or result in serious bodily harm or death.

(3) A licensee shall create a written procedure on how the licensee and staff members comply with the requirements of this section.

History

CR 26-005: cr. Register May 2026 No. 845, eff. 6-1-26.

Wis. Admin. Code § DCF 57.37 Additional requirements for group homes providing respite care {#sec-dcf-57.37 omnilex-key=us-wi-regs-official--agency-dcf--DCF 57.37}

(1) Applicability. A licensee who is licensed to provide respite care for youth shall comply with the additional requirements in this section.

(2) Admission. A licensee may provide respite care to a youth whose needs coincide with the resident population served by the licensee, as indicated on their license. Prior to admitting a youth for respite care, a program director shall request the following information to ensure that the youth’s needs can be met:

(a) A description of the youth’s current care needs, including mental health and medical needs that may require the administration of medication or therapy, and a list of known allergies.

(b) Current activities.

(d) Current and recent substance abuse use.

(e) Personal strengths.

(f) Family or sibling visitation scheduled to occur while the youth is receiving respite care service.

(g) Phone numbers for emergency contacts, including the youth’s medical provider and mental health professional, if applicable.

(3) Exceptions. The provisions of this chapter that are applicable to residents are also applicable to youth receiving respite care, except for the following:

(a) The reasonable and prudent parent standard under s. DCF 57.28.

(b) Scheduling a medical and dental examination under s. DCF 57.16 (7).

(4) Respite care limit. A youth may not be in respite care for more than 28 consecutive days.

History

CR 26-005: cr. Register May 2026 No. 845, eff. 6-1-26.

Wis. Admin. Code § DCF 57.38 Additional requirements for group homes providing care for expectant and custodial parents and the resident’s child {#sec-dcf-57.38 omnilex-key=us-wi-regs-official--agency-dcf--DCF 57.38}

(1) Applicability. A licensee who is licensed to provide care to an expectant parent or a resident who is the custodial parent of a child who is residing in the group home shall meet the additional requirements of this section.

(2) Definitions. In this section, “custodial parent” means a resident whose child resides in the group home with the resident.

(3) Admission. An expectant or custodial parent under a voluntary placement agreement may not be admitted for longer than 180 days from the date on which the resident was removed from their home under the agreement. A voluntary placement agreement under this subsection may be extended if an independent reviewing agency, such as an agency licensed under s. 48.61 (3), Stats., or a county agency, determines that the extension would be in the best interests of the resident and if the resident and the resident’s parent, guardian, legal custodian, or Indian custodian consents to the extension, as specified in s. 48.63 (5) (d), Stats..

(4) Staff training.

(a) Each staff member who works in a group home under this section shall successfully complete training in all of the following within 6 months after their date of hire or have documentation that training was completed prior their hire date:

Sudden infant death syndrome.
Shaken baby syndrome and abusive head trauma.
Certification in cardiopulmonary resuscitation and first aid training for children under 3 years of age.
Fifty hours of training on infant and toddler care with a curriculum approved by the department.

Note: The department-approved training is the Child Care Foundational Training: Fundamentals of Infant and Toddler Care course. See Wisconsin Registry at https://go.wiregistry.org/v7/trainings/search for further information. A licensee may request departmental approval for another course with a comparable curriculum.

(b) Each staff member shall complete trainings necessary to keep the certifications under par. (a) 3. current.

(5) Treatment plan.

(a) The treatment plan for a resident under this section shall also include all of the following parenting skills:

Prenatal and other health care services.
Child development.
Bathing and hygiene.
Child safety.
Child guidance and behavior management.
Prevention of sudden infant death syndrome and abusive head trauma.
Nutrition and meal preparation.
Child care and supervision.
Accessing parenting resources in the community.
Budgeting.

(b) A treatment plan is not required for a resident’s child.

(6) Medical care for expectant parent. The licensee shall ensure all of the following:

(a) An expectant parent is provided prenatal care from a medical provider or a nurse-midwife licensed under s. 440.982, Stats.

(b) An expectant parent gives birth in a medical facility.

(7) Health safety and welfare of a resident’s child. A licensee shall assist a resident who is a custodial parent in doing all of the following:

(a) Ensuring the health, safety, and welfare of the resident’s child and providing care and supervision in compliance with this chapter.

(b) Providing furnishings and equipment appropriate for the age, size, and developmental level of the resident’s child.

(c) Making modifications as necessary to ensure the premises are safe based on the developmental age of the resident’s child.

(d) Providing diapers, food, formula, and hygiene products as needed for the resident’s child.

(8) Furnishings and bedding. In addition to the requirements in s. DCF 57.39 (10) the following provisions apply regarding a resident’s child:

(a) Each infant shall sleep alone in a crib, bassinet, bedside sleeper, play yard, or a sleeping device determined by tribal custom, if applicable. Any sleeping device used by an infant shall be in safe working condition and may not have been recalled by the manufacturer.

(b) The sleeping space shall be safe for an infant with appropriately sized bedding and free of blankets and other items, such as pillows and stuffed animals.

(9) Transportation.

(a) The conditions of ss. DCF 57.08, 57.10 (6), 57.14 (2) and 57.15 (6) (d) apply to a vehicle transporting a resident’s child.

(b) The conditions of s. DCF 57.43 apply to a resident’s child when the child is being transported.

(10) Caring for a resident’s child. If a resident is not on the premises or is otherwise unable to care for their child, a staff member may care for the resident’s child only as follows:

(a) The staff member caring for a resident’s child may not be included in the staff-to-resident ratio under s. DCF 57.19 (2).

(b) The staff-to-child ratio under this section may not be less than the ratios specified in Table DCF 251.055.

(c) A staff member may be included in the ratio under par. (b) only if they have completed the training required under sub. (4).

(11) Visits with noncustodial parent. A licensee shall have a written policy on visitation between a child and their noncustodial parent.

History

CR 26-005: cr. Register May 2026 No. 845, eff. 6-1-26.

Wis. Admin. Code § DCF 57.385 Additional requirements for residents 6 years of age or younger {#sec-dcf-57.385 omnilex-key=us-wi-regs-official--agency-dcf--DCF 57.385}

(1) Applicability. A licensee who is licensed to provide care to residents under 6 years of age shall meet the additional requirements of this section.

(2) Admission. Prior to or at the time of admission, the licensee shall obtain written information from the placing agency and whenever possible verbal or written information from a resident’s parent, guardian, legal custodian, or Indian custodian to individualize the program of care for the resident. Information shall include all of the following:

(a) The schedule of meals and feeding.

(b) Toileting and diapering procedures.

(d) The resident’s way of communicating and being comforted.

(3) Treatment plan. In addition to the requirements under s. DCF 57.18, the resident’s treatment plan shall include any updates under sub. (2).

(4) Staff training. Each staff member who provides care to a resident under this section shall successfully complete the training required under s. DCF 57.38 (4).

(5) Furnishings. A licensee shall provide furnishings and equipment appropriate for the age, size, and developmental level of the residents.

(6) Safety modifications. The licensee shall make modifications as necessary to ensure the premises are safe based on the developmental age of the residents.

History

CR 26-005: cr. Register May 2026 No. 845, eff. 6-1-26.

Subchapter V Physical Environment and Safety

Wis. Admin. Code § DCF 57.39 Physical plant and environment {#sec-dcf-57.39 omnilex-key=us-wi-regs-official--agency-dcf--DCF 57.39}

(1) General requirements.

(a) A licensee shall ensure that the premises are in compliance with state and local building, fire, health, and zoning codes.

(b) The premises and all furnishings and equipment on the premises shall be kept in a state of good repair and in a safe, operable, and sanitary condition.

(c) The department may require a licensee to obtain an inspection of the premises and of the heating, electrical, plumbing, water, or sewage system to determine if any safety or health problem exists.

(2) Water. A group home shall have all of the following:

(a) An adequate and safe water supply.

(b) An operable water heater sufficient to meet the needs of all residents.

(3) Sewer. A group home shall have an adequate sewage disposal system.

(4) Heating.

(a) A group home shall be equipped with a heating system that is maintained in a safe and operable condition.

(b) Unvented gas, oil, or kerosene space heaters may not be used.

(5) Lighting. All habitable rooms shall have electric lighting sufficient to meet the needs of persons in the group home.

(6) Phone. A group home shall have at least one operating phone or other communication device capable of completing a phone call that is available to staff members and residents at all times.

(7) First aid supplies. Each group home shall have sufficient first aid supplies to provide care to the maximum number of residents allowed under the group home license.

(8) Seating. A group home shall have enough seating to allow all residents and staff members to dine and recreate together.

(9) Bathroom.

(a) A group home shall have at least one bathroom that contains a toilet, a sink, a tub or shower with hot and cold water, and a window that opens or an exhaust fan that ventilates to the outside.

(b) A bathroom that can be accessed only through a room used as a bedroom may not be counted as being available for use by a resident who does not occupy that bedroom.

(10) Bedroom.

(a) Each bedroom shall have a door and a window that can be opened and closed.

(b) The licensee shall ensure that each resident has clean sleeping supplies, including a bed, mattress, pillow, and linens, as appropriate for the needs and age of the resident.

(d) A room that others must pass through to get to another part of the group home may not be used as a bedroom for a resident.

(e) Regular sleeping provisions for residents may not be in a structure that is separate from the group home or in an unfinished attic, an unfinished basement, a hall, or any other room that is not typically used for sleeping purposes.

(11) Sleeping arrangements.

(a)

No more than 2 residents may share a bedroom.
Notwithstanding subd. 1., a licensee that is issued an initial probationary license under s. 48.69, Stats., on or after June 1, 2026, shall provide each resident with their own bedroom.

(b) In determining whether residents will share a bedroom, the program director or group home manager shall consider all of the following for each resident:

Physical safety.
Developmental status.
Treatment needs, including trauma history and behavioral needs.
Preferences of the resident.

(c) A resident who is 18 years of age or older may not share a bedroom with a resident who is under 18 years of age, unless the resident who is 18 years of age or older is any of the following:

Related to the other resident.
Continuing to share a bedroom with a resident with whom they had already been sharing the bedroom with prior to turning 18 years of age.

(12) Storage space. A group home shall have enough storage space to accommodate each resident’s clothing and personal items.

(13) Kitchen and dining.

(a) The kitchen and dining facilities shall be clean and equipped for sanitary preparation, service, and proper preservation and storage of food.

(b) Spoiled or expired food shall be disposed of immediately.

(d) Dry food shall be stored in a covered container or food storage bag and labeled with the contents and expiration date.

(e) Leftover food shall be marked with the date of preparation and stored at temperatures that protect against spoilage.

(14) Laundry. Laundry facilities and supplies shall be available to meet the needs of each resident.

(15) Exits.

(a) Access to exits shall be unobstructed at all times.

(b) Habitable rooms on or above the second floor or in a basement shall comply with s. SPS 321.03 (2) and (5).

(c) Access to and exit from a habitable room shall be appropriate given the resident’s age; level of functioning; mobility level; and use of assistive equipment, such as a wheelchair, scooter, or walker.

(16) Stairways. Each stairway shall have adequate lighting, be unobstructed, and have a nonslip surface and a handrail.

(17) Smoking. A licensee shall prohibit smoking, vaping, or any activity that produces secondhand smoke on the group home premises and in vehicles used to transport a resident. This prohibition does not apply to traditional or established spiritual or cultural ceremonies that involve the use of tobacco.

History

CR 26-005: cr. Register May 2026 No. 845, eff. 6-1-26.

Wis. Admin. Code § DCF 57.40 Safety precautions and plans {#sec-dcf-57.40 omnilex-key=us-wi-regs-official--agency-dcf--DCF 57.40}

(1) Hazardous equipment and dangerous materials.

(a) Equipment that may be hazardous to a resident shall be stored in an area not readily accessible to the resident.

(b) A licensee shall prevent residents’ access to poisonous materials, cleaning supplies, and other dangerous materials and objects as appropriate for the age and developmental, emotional, and behavioral needs of the residents placed in the group home.

(2) Disaster plan.

(a) Each licensee shall file a disaster plan with the department and any placing agency with a resident placed in the group home that would allow the department and placing agency to identify, locate, and ensure continuity of services to residents under the placement and care responsibility or supervision of the placing agency who are displaced or adversely affected by a disaster. The disaster plan shall be on a form prescribed by the department and shall include all of the following information:

A primary and secondary location where a staff member and resident would go in an evacuation.
Contact information under sub. (4) (c).
A list of items that the staff member will take if evacuated, including any medication and medical equipment for each resident.

(b) The licensee shall review the disaster plan with all staff members on a quarterly basis and provide updates to the department and placing agency when any change is made.

Note: Form DCF-F-5129-E, Disaster Plan, is available in the forms section of the department website https://dcf.wisconsin.gov/forms.

(3) Tornado preparedness.

(a) A licensee shall have a written tornado preparedness plan posted at a prominent location in the group home.

(b) A staff member shall do all of the following:

Orient each resident to the tornado preparedness plan upon their arrival.
Practice the plan with residents in the spring and fall each year.
Keep a written record of the date and time of each tornado drill.

Note: A voluntary form is available. See the note following s. DCF 57.41.

(4) Procedures. A licensee shall create the following written procedures:

(a) How staff members will prevent access to the premises by any person whose behavior causes reasonable concern for the safety of a resident.

(b) How staff members and volunteers will use universal precautions when exposed to blood, body fluids, and tissue discharges.

A resident’s placing agency; parent, guardian, legal custodian, or Indian custodian; medical provider; and mental health professional.
The licensee, group home manager, and program director.

History

CR 26-005: cr. Register May 2026 No. 845, eff. 6-1-26.

Wis. Admin. Code § DCF 57.41 Fire safety {#sec-dcf-57.41 omnilex-key=us-wi-regs-official--agency-dcf--DCF 57.41}

(1) Smoke detectors.

(a) Each group home shall have interconnected smoke detectors which, when activated, can be heard throughout the group home.

(b) The smoke detectors shall be all of the following:

Installed and in accordance with chs. SPS 361 to 366, applicable local ordinances, and this section.
Tested quarterly with the test results, date, and time documented and kept on file at the group home.

(2) Fire evacuation.

(a) The licensee shall have written procedures for the following:

Conducting a monthly evacuation drill.
Conducting an evacuation drill that simulates sleeping hours every 6 months.
A staff member assisting any resident with limited mobility, limited understanding of evacuation procedures, or a hearing or vision impairment during a fire evacuation.
A staff member documenting the date and time of the drill, the amount of time it took to complete the evacuation, and any problems encountered during the drill.

(b) The licensee shall post a diagram on each floor of the group home indicating the direction of each exit for emergency evacuation.

(3) Fire extinguishers. Each group home shall have at least one operational and accessible fire extinguisher located in the kitchen and on each floor of the group home.

(4) Fire safety inspection. The licensee shall have an annual fire safety inspection, including inspection of each fire extinguisher, to be conducted by a fire inspector appointed by the fire chief of the municipality in which the group home is located or by a person certified to complete an inspection under s. SPS 305.627 (1). The licensee shall report the inspection results to the department on a form prescribed by the department or a form provided to the licensee by the person conducting the fire safety inspection.

Note: DCF-F-CFS2384, Fire Safety and Emergency Response Documentation - Group Homes, can be used to document fire inspections, heating system inspections, smoke detector tests, fire evacuation drills, fire extinguisher inspections, and tornado drills. Use of the form is voluntary. The form is available at https://dcf.wisconsin.gov/forms.

History

CR 26-005: cr. Register May 2026 No. 845, eff. 6-1-26.

Wis. Admin. Code § DCF 57.42 Carbon monoxide detector {#sec-dcf-57.42 omnilex-key=us-wi-regs-official--agency-dcf--DCF 57.42}

(1) A group home shall have a functional carbon monoxide detector installed in the basement and on each floor level, except the attic, garage, or storage area of each unit, in accordance with the requirements of s. 101.647, Stats.

(2) A group home in a building with at least 3 units shall have one or more functional carbon monoxide detectors installed in accordance with the requirements of s. 101.149, Stats.

History

CR 26-005: cr. Register May 2026 No. 845, eff. 6-1-26.

Wis. Admin. Code § DCF 57.43 Transportation {#sec-dcf-57.43 omnilex-key=us-wi-regs-official--agency-dcf--DCF 57.43}

(1) A licensee shall provide a resident transportation or ensure the resident’s access to other private transportation, public transportation, taxis, or rideshares, so the resident can attend medical appointments; visit family; get to and from school; and engage in social, religious, and cultural activities.

(2) The number of persons transported in a vehicle at any one time may not exceed the passenger limit specified by the vehicle’s manufacturer.

(3)

(a) Any vehicle operated by a staff member, other employee or contractor, or volunteer that is used to transport a resident shall be in safe operating condition and free of any items that could pose a safety risk to passengers.

(b) At 12-month intervals, the licensee shall have any vehicle owned by the licensee that is used to transport a resident inspected by a qualified auto repair specialist and shall provide the department with evidence of a vehicle’s safe operating condition on a form prescribed by the department.

Note: DCF-F-4148-E, Child Welfare Vehicle Safety Inspection, is available in the forms section of the department website at https://dcf.wisconsin.gov/forms.

(4)

(a) A resident may be transported in a private motor vehicle only if the conditions in s. 347.48 (4), Stats., are met.

(b) Each resident who is not required to be in an individual child car safety seat when being transported shall be properly restrained by a seat belt, unless the resident cannot be properly restrained in a seat belt because of a physical or medical condition and has obtained a written statement from a medical provider that meets the requirements in s. Trans 315.03.

(5) The conditions of this section apply to a resident’s child when the resident’s child is being transported by a staff member, other employee or contractor, or volunteer.

History

CR 26-005: cr. Register May 2026 No. 845, eff. 6-1-26.

Wis. Admin. Code § DCF 57.44 Weapons {#sec-dcf-57.44 omnilex-key=us-wi-regs-official--agency-dcf--DCF 57.44}

No firearms, ammunition, or any other weapons may be on the premises.

History

CR 26-005: cr. Register May 2026 No. 845, eff. 6-1-26.

Wis. Admin. Code § DCF 57.45 Pets {#sec-dcf-57.45 omnilex-key=us-wi-regs-official--agency-dcf--DCF 57.45}

(1) Any animal kept on the premises as a pet shall be tolerant of residents and vaccinated in accordance with any state or local law.

(2) If a pet is suspected of being ill or infected, a staff member shall ensure that either of the following is done:

(a) The pet is evaluated by a veterinarian and treated if necessary to ensure the safety of the residents.

(b) The pet is removed from the group home until it is no longer ill or infected.

(3) Pens, cages, litter boxes, and outside areas used by pets shall be kept clean.

(4) Each pet shall be kept and handled in a manner that protects the safety and well-being of each resident and the pet.

History

CR 26-005: cr. Register May 2026 No. 845, eff. 6-1-26.

Subchapter VI Licensing and Enforcement

Wis. Admin. Code § DCF 57.452 Group home location {#sec-dcf-57.452 omnilex-key=us-wi-regs-official--agency-dcf--DCF 57.452}

(1) A person who operates a group home shall be licensed by the department, as required by s. 48.625, Stats., pursuant to this chapter and s. 48.66, Stats.

(2) Each group home location requires a separate license. Only one group home license may be issued for any one location.

History

CR 26-005: cr. Register May 2026 No. 845, eff. 6-1-26.

Wis. Admin. Code § DCF 57.454 Other licenses and uses {#sec-dcf-57.454 omnilex-key=us-wi-regs-official--agency-dcf--DCF 57.454}

Upon licensure, a licensee may not do any of the following without written approval by the department:

(1) Perform a service or conduct a business on the premises.

(2) Combine group home activities with any service or business owned or operated by the licensee.

History

CR 26-005: cr. Register May 2026 No. 845, eff. 6-1-26.

Wis. Admin. Code § DCF 57.457 Group home capacity limits {#sec-dcf-57.457 omnilex-key=us-wi-regs-official--agency-dcf--DCF 57.457}

The number of residents placed in a group home plus the number of youths receiving respite care in the group home may not exceed 8.

History

CR 26-005: cr. Register May 2026 No. 845, eff. 6-1-26.

Wis. Admin. Code § DCF 57.46 Determination of need {#sec-dcf-57.46 omnilex-key=us-wi-regs-official--agency-dcf--DCF 57.46}

(1) Need determination prior to license application. No person may apply for a license to operate a new group home or for a license amendment that would increase the bed capacity of an existing group home until the department has reviewed the need for the additional placement resources that would be made available by the issuance of a new license or amendment of the current license and has certified in writing that a need exists for the proposed additional placement resources.

(2) Capacity assessment. At least every 2 years, the department shall evaluate group home capacity and issue a statement on whether increased capacity is needed. If additional capacity is needed, the statement shall specify all of the following:

(a) Areas of need, such as certain geographical areas or types of populations.

(b) A deadline for an applicant to submit a request for a determination of need under sub. (3) to the department.

(3) Request for determination of need. An applicant shall submit to the department a request for a determination of need on a form prescribed by the department for the applicant’s proposed group home or proposed amendment to increase bed capacity by the deadline specified in sub. (2) (b).

Note: DCF-F-5925, Request for Need Determination Application, is available on the department’s website, https://dcf.wisconsin.gov/forms.

(4) Department determination.

(a) The administrator of the division of safety and permanence shall appoint a need determination panel to review requests for determination of need received by the department and to make recommendations to the administrator.

(b) The need determination panel may request that an applicant submit additional information that the panel considers necessary to make a recommendation to the administrator and may specify a deadline for receipt of the information. If the additional information is not received by the specified deadline, the need determination panel may consider the request for a need determination to be withdrawn.

(c) Within 45 days after the deadline for requests to be submitted and receipt of any additional information needed to make a decision, the need determination panel shall provide their recommendations to the administrator of the division of safety and permanence.

(d) Within 45 days after receiving the need determination panel’s recommendations, the administrator, or their designee, shall send each applicant a written notice stating whether the department has determined there is a need for the applicant’s proposed group home or increase in bed capacity. The notice shall state the specific reasons for the determination.

(e) If the department determines that the proposed group home is needed, the notice shall be accompanied by the department’s certification of need and an initial licensing application.

(f) If the department determines that the proposed increase in bed capacity is needed in an existing group home, the licensee may submit a request for a license amendment under s. DCF 57.51.

Note: A certification of need does not guarantee that the department will issue a license or that any youth will be placed in a group home.

(5) Conflict of interest. No person who is a current member of the need determination panel may request a determination of need.

(6) Appeal.

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

(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.

History

CR 26-005: cr. Register May 2026 No. 845, eff. 6-1-26.

Wis. Admin. Code § DCF 57.465 Corporate licensure {#sec-dcf-57.465 omnilex-key=us-wi-regs-official--agency-dcf--DCF 57.465}

(1) Prior to submitting an application for a license to operate a group home, a corporation shall either be incorporated under the laws of this state or shall have a certificate of authority from the department of financial institutions to do business in the state.

(2) A corporation shall designate an authorized representative who shall have responsibility for the administration of the group home and notify the department in writing of a change in the authorized representative at least 10 days prior to the change.

History

CR 26-005: cr. Register May 2026 No. 845, eff. 6-1-26.

Wis. Admin. Code § DCF 57.47 License application {#sec-dcf-57.47 omnilex-key=us-wi-regs-official--agency-dcf--DCF 57.47}

The department may not consider an application complete until all of the following have been completed and submitted to the department:

(1) A completed application form prescribed by the department that is signed by each individual applicant or, if the applicant is an agency or corporation, by an authorized representative.

Note: Form DCF-F-CFS0375- E, Licensing Application – Group Homes, and DCF-F-CFS0358- E, Licensing Application Checklist – Group Homes, are available in the forms section of the department’s website at https://dcf.wisconsin.gov/forms.

(2) A description of the target population that the group home intends to serve on a form prescribed by the department.

Note: DCF-F-5207-E, Target Groups, is available in the forms section of the department’s website at https://dcf.wisconsin.gov/forms.

(3) The license fee required under s. 48.625 (2) (a), Stats.

(4) A background information disclosure form and written authorization for the department to make follow-up contact with the Wisconsin department of justice and any other person or organization to determine if there is any reason why the applicant should not be granted a license. A background information disclosure and authorization shall be completed and signed as follows:

(a) If the applicant is one or more individuals, by each individual applicant.

(b) If the applicant is a corporation or agency, by an authorized representative.

(5) Each applicant or authorized representative shall provide documentation that electronic fingerprints were submitted to a background check agency authorized by the department for submission to the national crime information database as required in s. 48.685 (2), Stats.

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

(7) Documentation of a good faith effort to establish a community advisory committee as required under s. 48.68 (4), Stats.

Note: DCF-F-CFS0367-E, Community Advisory Committee Documentation, is available in the forms section of the department’s website at https://dcf.wisconsin.gov/forms.

(8) Proof of insurance required under s. DCF 57.08.

(9) A copy of the group home’s policies and procedures required under this chapter.

Note: DCF-F-CFS2378, Policy/Procedure Checklist – Group Homes, is available in the forms section of the department’s website at https:// dcf.wisconsin.gov/forms.

(10) If the applicant for licensure is a corporation, proof of incorporation or authorization to do business in the state, as required under s. DCF 57.465 (1).

(11) 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).

(12) An organizational chart or a description of the supervisory structure of the group home.

(13) Any other information requested by the department.

History

CR 26-005: cr. Register May 2026 No. 845, eff. 6-1-26.

Wis. Admin. Code § DCF 57.48 Qualified residential treatment program {#sec-dcf-57.48 omnilex-key=us-wi-regs-official--agency-dcf--DCF 57.48}

(1) Applicability. This section applies to a person who is issued an initial probationary license under s. 48.69, Stats., on or after June 1, 2026.

(2) QRTP certification.

(a) A licensee shall become certified as a qualified residential treatment program under ch. DCF 61 and s. 48.675, Stats., within 3 years after the issuance of their initial probationary license.

(b) The licensee shall provide status reports to the department quarterly, or as requested by the department, on their progress in obtaining accreditation as specified in s. DCF 61.03 (5).

History

CR 26-005: cr. Register May 2026 No. 845, eff. 6-1-26.

Wis. Admin. Code § DCF 57.49 Licensure determination {#sec-dcf-57.49 omnilex-key=us-wi-regs-official--agency-dcf--DCF 57.49}

(1) The department shall deny or refuse to renew a license if the conditions of s. 48.715 (6) or (7), Stats., are met.

(2) Prior to approving a license, a child welfare licensing specialist shall conduct an on-site visit to inspect the facility and premises.

(3) The department may deny a license if any of the following circumstances exists:

(a) The conditions of s. 48.715 (5), Stats., are met.

(b) The applicant failed to submit a complete application or other information requested by the department by the deadline specified by the department.

(c) The applicant failed to pay any fee, forfeiture, or assessment due to a government agency; provided false information to a government agency; or withheld relevant information from a governmental agency.

(d) The applicant, a proposed staff member, or proposed other employee or contractor does not meet the requirements of ch. DCF 12 and s. 48.685, Stats.

(e) The applicant does not meet the minimum requirements for a license established under this chapter.

(f) The applicant has behavior or a mental or physical condition that is a cause for reasonable concern for the safety of the residents.

(g) The applicant does not display the capacity to successfully nurture and care for a resident, has a history of a civil action or criminal conviction or administrative rule violation that is substantially related to the care of a child, exercises unsound judgment, or abuses alcohol or drugs.

(h) Another facility operated by the applicant and licensed by the department or the department of health services is in substantial noncompliance with applicable statutes and rules.

(i) The applicant has had a license for the care of children or vulnerable adults suspended, revoked, or not renewed for a substantive reason within the last 5 years.

(j) The applicant or staff member has engaged in any action that constitutes a substantial failure to protect and promote the health, safety, and welfare of a child.

History

CR 26-005: cr. Register May 2026 No. 845, eff. 6-1-26.

Wis. Admin. Code § DCF 57.50 Probationary and regular license {#sec-dcf-57.50 omnilex-key=us-wi-regs-official--agency-dcf--DCF 57.50}

(1) Probationary license. The initial license granted to an applicant for a group home license shall be a probationary license valid for a period of 6 months from the date of issuance.

(2) Initial regular license.

(a) The department shall conduct an inspection of the premises under s. DCF 57.04 at least 30 days before the date a probationary license expires.

(b) After completion of the inspection of the premises the department may do any of the following:

Issue a regular license that is valid and continued for a period of 2 years, unless revoked or suspended sooner.
Issue one 6-month extension of the probationary license.
Deny issuance of a regular license when the applicant does not satisfy the minimum requirements for licensure under s. 48.67, Stats., or when any ground for revocation under s. DCF 57.55 applies.

(3) Continuation of a regular license.

(a) If the licensee wishes to continue a regular license, the licensee shall submit to the department the following materials at least 30 days before the end of the 2-year licensure period:

A completed application form prescribed by the department that is signed by each individual applicant or, if the applicant is an agency or corporation, by an authorized representative.
The license fee required under s. 48.625 (2) (a), Stats.
A background information disclosure form and authorization that has been completed and signed as follows:

a. If the applicant is one or more individuals, by each individual applicant.

b. If the applicant is a corporation or agency, by an authorized representative.

Proof of insurance required under s. DCF 57.08.
A copy of policies and procedures required under this chapter that have been updated or changed.
Any other information requested by the department.

(b) If the department does not receive a complete application to continue a regular license at least 30 days before the end of each 2-year period, the department shall issue a written warning to the licensee. If the licensee fails to apply for a continuation of the license within 30 days after receipt of the warning, the department may revoke the license under s. DCF 57.55 or take any other action appropriate to protect the health, safety, and welfare of the residents.

Consider all formal complaints filed under s. DCF 57.58 and the disposition of each during the previous 2-year period.
Consider all sanctions and penalties issued under s. 48.715, Stats.
Conduct an on-site visit to inspect the facility and premises.

(d) The department may continue a regular license for an additional 2 years or deny or fail to process the continuation application for a reason specified in s. DCF 57.49 or 57.55.

History

CR 26-005: cr. Register May 2026 No. 845, eff. 6-1-26.

Wis. Admin. Code § DCF 57.51 License amendment {#sec-dcf-57.51 omnilex-key=us-wi-regs-official--agency-dcf--DCF 57.51}

(1) A licensee shall submit to the department a request to amend the provisions of a license on a form prescribed by the department. The licensee shall identify the provision that the licensee wants to amend and the reason the provision should be amended.

(2) Prior to submitting an amendment request, a licensee shall make a good faith effort to reconvene its community advisory committee under s. 48.68 (4), Stats., to discuss potential issues or concerns the community may have about the proposed change.

History

CR 26-005: cr. Register May 2026 No. 845, eff. 6-1-26.

Wis. Admin. Code § DCF 57.52 Nontransferability of license {#sec-dcf-57.52 omnilex-key=us-wi-regs-official--agency-dcf--DCF 57.52}

A license to operate a group home may not be transferred.

History

CR 26-005: cr. Register May 2026 No. 845, eff. 6-1-26.

Wis. Admin. Code § DCF 57.53 Posting of license and noncompliance citations {#sec-dcf-57.53 omnilex-key=us-wi-regs-official--agency-dcf--DCF 57.53}

The licensee shall post their current license, including any amendments or exceptions, and any enforcement actions or noncompliance statements, if applicable, in a place in the group home where it can be easily viewed by staff members, residents, and visitors.

Wis. Admin. Code § DCF 57.54 Sanctions and penalties {#sec-dcf-57.54 omnilex-key=us-wi-regs-official--agency-dcf--DCF 57.54}

(1) The department may impose a sanction or penalty as provided in s. 48.715, Stats.

(2) If requested by the department, a licensee that is cited for noncompliance with this chapter or ch. 48, Stats., shall submit a plan of correction on the form prescribed by the department by the specified date.

Note: Form DCF-F-CFS2544-E, Noncompliance Statement and Correction Plan, is available in the forms section of the department website, https://dcf.wisconsin.gov.

History

CR 26-005: cr. Register May 2026 No. 845, eff. 6-1-26.

Wis. Admin. Code § DCF 57.55 License revocation {#sec-dcf-57.55 omnilex-key=us-wi-regs-official--agency-dcf--DCF 57.55}

(1) In addition to the reasons for revocation specified under ss. 48.66 (5) and 48.715 (4) and (4m), Stats., the department may revoke a regular or probationary license if any of the following conditions is met:

(a) The licensee, a staff member, or other employee or contractor is not in compliance with the requirements of ch. DCF 12 and s. 48.685, Stats.

(b) The licensee has given false information to, or withheld relevant information from, the department or a placing agency.

(d) A licensee who was issued their initial probationary license under s. 48.69, Stats., on or after June 1, 2026, is not certified as a qualified residential treatment program as required under s. DCF 57.48 (2) (a).

(e) The licensee failed to operate the group home in accordance with the certification of need issued under s. DCF 57.46, including the identified areas of need established through the capacity assessment.

(2)

(a) If the department revokes a license, the department shall notify the licensee in writing of its decision and the reasons for that decision.

(b) The department may use either of the following procedures when revoking a license under this section:

The department may issue a written notice to the licensee identifying the grounds for revocation and specifying that the revocation will take effect not less than 30 days after the date of the written notice. The revocation shall take effect at the end of the notice period only if the violation on which the revocation is based remains substantially uncorrected.
The department may revoke a license or probationary license immediately upon providing the licensee written notice of the revocation and the grounds for revocation.

(3) Upon receipt of a notice of revocation, and during any appeal proceedings that may result, the licensee may not admit any resident to the group home or provide respite care without written approval from the department.

Note: See s. DCF 57.17 (5) on discharge of residents.

History

CR 26-005: cr. Register May 2026 No. 845, eff. 6-1-26.

Wis. Admin. Code § DCF 57.56 Summary suspension of a license {#sec-dcf-57.56 omnilex-key=us-wi-regs-official--agency-dcf--DCF 57.56}

(1)

(a) The department may close a group home by summarily suspending a regular or probationary license if the department believes the action is required to protect the health, safety, and welfare of a resident.

(b) Notice of summary suspension of a license may be written or verbal and shall specify the reason for the department action and the date the action becomes effective.

(2) Within 72 hours after the order in sub. (1), the department shall either permit the reopening of the group home or proceed to revoke the group home’s license.

(3) The division of hearings and appeals shall hold a preliminary hearing within 10 working days after the effective date of the order in sub. (1) to determine if the license should remain suspended during revocation proceedings. The division of hearings and appeals shall give written notice of the hearing to the licensee and the department.

History

CR 26-005: cr. Register May 2026 No. 845, eff. 6-1-26.

Wis. Admin. Code § DCF 57.57 Appeal procedure {#sec-dcf-57.57 omnilex-key=us-wi-regs-official--agency-dcf--DCF 57.57}

(1) A department decision to deny, refuse to renew, or revoke a license or to issue an order or decision affecting the licensee under s. 48.64 or 48.715, Stats., may be reviewed under ch. 227, Stats.

(2) A request for a hearing shall be in writing and shall be addressed to the division of hearings and appeals. The date of the request for a hearing shall be the date on which the request is received by that office. Any request for a hearing shall be received no more than 10 days after the date of the notice of the department’s refusal or failure to issue, renew, or continue a license or the department’s action taken under s. 48.715, Stats.

(3) If a revocation is overturned by the division of hearing and appeals and the license to operate a group home did not expire while the appeal was pending, the department shall reinstate the licensee’s prior license with the original expiration date.

History

CR 26-005: cr. Register May 2026 No. 845, eff. 6-1-26.

Wis. Admin. Code § DCF 57.58 Complaints {#sec-dcf-57.58 omnilex-key=us-wi-regs-official--agency-dcf--DCF 57.58}

Any person having a complaint about a licensed group home or a group home operating without a license may submit a complaint to the department. The department shall investigate each complaint and shall send a written summary of the findings of that investigation to the licensee or illegal operator and to the complainant upon request.

History

CR 26-005: cr. Register May 2026 No. 845, eff. 6-1-26.

Wis. Admin. Code § DCF 57.59 Exceptions to rules {#sec-dcf-57.59 omnilex-key=us-wi-regs-official--agency-dcf--DCF 57.59}

(1) The department may grant an exception to a requirement of this chapter if the requirement is not also in statute and the department determines that the exception will not jeopardize the health, safety, or welfare of any resident, child of a resident, or youth receiving respite served by the group home.

(2) A request for an exception shall be made to the department on a form prescribed by the department and shall include a justification for the exception.

Note: Form DCF-F-5023-E, Child Welfare Request for Exception, is available in the forms section of the department website, https://dcf.wisconsin.gov. Requests for an exception should be submitted to the licensing specialist.

Note: Form DCF-F-5085, Child Welfare Request for Exception – Age, is a required form when a group home is considering admission of child whose age is not within the parameters of the license. This form is available in the forms section of the department website, https://dcf.wisconsin.gov.

History

CR 26-005: cr. Register May 2026 No. 845, eff. 6-1-26.

Subchapter VII Rate Regulation

Wis. Admin. Code § DCF 57.60 Rate determination {#sec-dcf-57.60 omnilex-key=us-wi-regs-official--agency-dcf--DCF 57.60}

(1) The department shall determine the maximum per client rate that each group home may charge for costs associated with room, board, administration, service provision, and oversight of youth in the group home based on all of the following:

(a) A maximum per client rate determined by the department that no group home may exceed.

(b) A per client rate that the department determines is appropriate for each group home based on the reasonable and necessary costs of the services provided by that group home.

(2) A group home shall charge all Wisconsin public purchasers the same rate for the same services.

History

EmR1106: emerg. cr., eff. 9-16-11; CR 11-026: cr. Register December 2011 No. 672, eff. 1-1-12.

Wis. Admin. Code § DCF 57.61 Allowable costs {#sec-dcf-57.61 omnilex-key=us-wi-regs-official--agency-dcf--DCF 57.61}

In determining rates under this subchapter, the department may consider costs incurred for any purpose that is allowable under all of the following:

(1) Applicable federal regulations, including 2 CFR Part 200, 45 CFR Part 75, and 48 CFR Part 31, except as provided in sub. (2).

(2) Reserves or profit as allowed under the following:

(a) For nonprofit corporations, reserves allowed under s. 49.34 (5m) (b) 1., Stats.

(b) For proprietary group homes, profit allowed on an annual basis is the smaller amount determined under the following 2 methods of calculating profit:

The equity method is the sum of 7.5 percent of allowable operating costs plus 15 percent of average net equity for the year. In this subdivision, “average net equity” means the average cost of equipment, buildings, land, and fixed equipment minus the average accumulated depreciation and average long term liabilities for the year.
The expenses method is 10 percent of allowable operating costs for the year.

History

EmR1106: emerg. cr., eff. 9-16-11; CR 11-026: cr. Register December 2011 No. 672, eff. 1-1-12; CR 20-003: am. (1), (2) (a) Register July 2020 No. 775, eff. 8-1-20.

Wis. Admin. Code § DCF 57.62 Rate methodology {#sec-dcf-57.62 omnilex-key=us-wi-regs-official--agency-dcf--DCF 57.62}

(1) Cost and service information. Each year by July 1, a licensee shall submit the following information to the department:

(a) A cost and service report in which the licensee reports the group home’s costs, types of services provided, and number of children served in the previous year. The report shall be submitted on a department-prescribed form.

Note: The cost and service report form is available at https://dcf.wisconsin.gov/ratereg.

(b) The group home’s most recent audit report under s. DCF 57.06 (1) (a).

(2) Maximum allowable rate. Each year no later than September 1, the department shall notify licensees of the per client rate that no group home may exceed for services provided in the following calendar year.

(3) Proposed rates.

(a) Each year no later than October 1, a licensee shall submit to the department a proposed rate for the following calendar year for each group home that the licensee operates. The licensee shall submit the proposed rate on a department-prescribed form.

Note: The rate request form is available at https://dcf.wisconsin.gov/ratereg.

(4) Review of a proposed rate. In reviewing a proposed rate submitted by a licensee under sub. (3), the department shall consider all of the following:

(a) Whether the proposed rate exceeds the maximum rate determined by the department under sub. (2).

(b) The group home’s most recent cost and service report under sub. (1) (a).

(d) Whether the group home’s reported costs are within a range of similar costs reported by other group homes for similar items and services.

(e) The group home’s per client rate in previous years.

(h) Changes in the allowable costs of group homes based on current actual cost data or documented projections of costs.

(i) Changes in program utilization that affect the per client rate.

(j) Changes in the department’s expectations relating to service delivery.

(k) Changes in service delivery proposed by a group home and agreed to by the department.

(L) The loss of any source of revenue that had been used to pay expenses, resulting in a lower per client rate for services.

(m) Whether the group home is accredited by a national accrediting body that has developed child welfare standards.

(o) Competitive factors.

(p) The availability of funding to pay for the services to be provided under the proposed rate.

(5) Rate approval.

(a) Each year no later than November 1, the department shall notify each licensee that submitted the information as required under subs. (1) and (3) of the maximum approved per client rate for the group home for the following year.

Note: The notification will be sent to the electronic mail address that the licensee has provided to the department.

(b) If the department determines that a proposed rate submitted under sub. (3) is appropriate based on the factors in sub. (4), the department shall approve the proposed rate.

(c) If the department determines that a proposed rate submitted under sub. (3) is not appropriate based on the factors in sub. (4), the department shall negotiate with a licensee to determine an agreed to rate. The department’s approved rate under par. (a) shall be based on the factors in sub. (4) and additional relevant information presented during negotiations.

(6) Noncompliance. If a licensee does not submit all information as required under subs. (1) and (3), the department may impose sanctions and penalties under s. DCF 57.54 and s. 48.715, Stats., including license revocation.

History

EmR1106: emerg. cr., eff. 9-16-11; CR 11-026: cr. Register December 2011 No. 672, eff. 1-1-12; CR 26-005: am. (1) (b), (6) Register May 2026 No. 845, eff. 6-1-26.

Wis. Admin. Code § DCF 57.63 Rate resolution {#sec-dcf-57.63 omnilex-key=us-wi-regs-official--agency-dcf--DCF 57.63}

(1) Mediation.

(a) If a licensee has negotiated with the department under s. DCF 57.62 (5) (c) and does not agree to the department’s approved rate under s. DCF 57.62 (5) (a), the licensee may request that the department and the licensee engage in mediation. A licensee shall send a request for mediation within 5 business days after the date of the notice in s. DCF 57.62 (5) (a). The request shall be sent by electronic mail to an address specified by the department.

Note: Requests for mediation should be sent to DCFCWLRateReg@wisconsin.gov.

(b) The department shall notify the licensee of the date of the mediation no later than 10 working days after receiving the request under par. (a).

(2) Order a rate. If after mediation a rate is not agreed to, the department shall order a rate after considering the factors in s. DCF 57.62 (4) and relevant information presented during negotiation and mediation.

(3) Contested rate.

Note: Requests for hearing may be sent to the Division of Hearings and Appeals, PO Box 7875, Madison, WI 53707

(b) The basis for a request for hearing shall be limited to the factors in s. DCF 57.62 (4).

(c) The division of hearings and appeals shall notify the parties in writing at least 10 days before the hearing of the date, time, and location of the hearing and the procedures to be followed.

History

EmR1106: emerg. cr., eff. 9-16-11; CR 11-026: cr. Register December 2011 No. 672, eff. 1-1-12.

Wis. Admin. Code § DCF 57.64 Extraordinary payments {#sec-dcf-57.64 omnilex-key=us-wi-regs-official--agency-dcf--DCF 57.64}

(1) A licensee may request that a Wisconsin public purchaser pay an extraordinary payment in addition to the rate established under ss. DCF 57.60 to 57.63 for a specific child in care.

(2) A licensee may request and a Wisconsin public purchaser may approve a child-specific extraordinary payment if all of the following conditions are met:

(a) The child has service needs that are not accounted for in the maximum per client rate for the group home as determined by under s. DCF 57.62 (5) or 57.63, as applicable.

(b) The child’s service needs are not paid for by another source.

(a) Name of the group home, licensee, and any authorized representative.

(b) Name of the child for whom an extraordinary payment is being requested.

(d) A rationale for the request that includes all of the following:

An explanation of the child’s service needs.
The amount of money that the group home is currently spending to address the child’s needs.
Any services that are not being provided due to economic constraints.
Documentation of the need for additional services by a person with expertise in the child’s type of needs.
How additional dollars would be allocated and the means by which additional services would be provided.

Note: An extraordinary payment request form is available at https://dcf.wisconsin.gov/ratereg.

(4) The Wisconsin public purchaser shall approve or deny the request or recommend an alternative to meet the child’s needs and shall notify the licensee of the determination within 10 working days after receipt of the request form. The Wisconsin public purchaser shall send a copy of the licensee request, the signed and dated determination, and the justification for the determination to the department within 20 days of the approval or non-approval of the request.

(5) A licensee may not appeal the denial of a request for an extraordinary payment under this section.

History

EmR1106: emerg. cr., eff. 9-16-11; CR 11-026: cr. Register December 2011 No. 672, eff. 1-1-12.

Wis. Admin. Code § DCF 57.65 Advisory committee {#sec-dcf-57.65 omnilex-key=us-wi-regs-official--agency-dcf--DCF 57.65}

The department shall convene the rate regulation advisory committee under s. 49.343 (5), Stats., at regular intervals to consult with the department on items in s. 49.343 (5) (a) to (c), Stats.

History

EmR1106: emerg. cr., eff. 9-16-11; CR 11-026: cr. Register December 2011 No. 672, eff. 1-1-12.

Chapter DCF 58 KINSHIP CARE AND LONG-TERM KINSHIP CARE

Wis. Admin. Code § DCF 58.01 Purpose {#sec-dcf-58.01 omnilex-key=us-wi-regs-official--agency-dcf--DCF 58.01}

This chapter is promulgated under the authority of ss. 48.57 (3m) (h) and (i) and (3n) (h) and (i) and 227.11 (2), Stats., to establish criteria and procedures for determining the initial and continuing eligibility of a relative caregiver for a monthly payment to assist with the expenses involved in providing care for the child and for recovering overpayments.

History

CR 19-159: cr. Register October 2020 No. 778, eff. 11-1-20; EmR2420: emerg. am., eff. 1-1-25; CR 25-009: am. Register August 2025 No. 836, eff. 9-1-25.

Wis. Admin. Code § DCF 58.02 Definitions {#sec-dcf-58.02 omnilex-key=us-wi-regs-official--agency-dcf--DCF 58.02}

In this chapter:

(1) “Adult resident” means a person 18 years of age or over who meets any of the following conditions:

(a) Lives at the home of a relative caregiver with the intent of making that home the person’s home.

(b) Lives at the home of a relative caregiver for more than 30 days cumulative in any 6-month period.

(2) “Background check” means the requirements under s. 48.57 (3p), Stats., and s. DCF 58.05.

(3) “Background information disclosure” means the form prescribed by the department on which a person provides information for purposes of the background check under s. 48.57 (3p), Stats., and s. DCF 58.05.

Note: DCF-F-2978-E, Background Information Disclosure, is available on the department’s website at https://dcf.wisconsin.gov/forms.

(4) “Child” means a person under 18 years of age. “Child” also includes a person 18 years of age or over if any of the following applies:

(a) The person is under 19 years of age, is a full-time student in good academic standing at a secondary school or its vocational or technical equivalent, and is reasonably expected to complete the program of study and be granted a high school or high school equivalency diploma.

(b) The person is under 21 years of age and meets all of the following conditions:

The person is a full-time student at a secondary school or its vocational or technical equivalent.
There is an individualized education program under s. 115.787, Stats., in effect for the person.
The person is placed in the home of the relative caregiver under any of the following:

a. A court order under s. 48.355, 48.357, 48.365, 938.355, 938.357, or 938.365, Stats., that terminates under s. 48.355 (4) (b) or 938.355 (4) (am), Stats., after the person attains 18 years of age, or a substantially similar tribal court order.

b. A voluntary transition-to-independent-living agreement.

c. The placement and care responsibility of another state under 42 USC 675 (8) (B) (iv) until that state provides reimbursement for the placement of the child in a relative caregiver’s home in Wisconsin.

(5) “Child support agency” means a county or tribal office, officer, board, department, or agency designated by the county board or elected tribal council to administer the child support, spousal support, and establishment of paternity program on behalf of the department pursuant to s. 59.53 (5), Stats., or a cooperative agreement with the department.

(6) “Child welfare 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 in a county having a population of 750,000 or more; a tribal agency appointed by the tribal governing body; or another state that has placement and care responsibility under 42 USC 675 (8) (B) (iv) of a child in Wisconsin until the other state provides reimbursement for the child’s placement in a relative caregiver’s home in Wisconsin.

(7) “Conviction record” means the record of a person’s arrests and convictions.

(8) “Court order” means a court order under s. 48.21, 48.355, 48.217, 48.357, 48.365, 938.21, 938.217, 938.355, 938.357, or 938.365, Stats., that terminates under s. 48.355 (4) (b) or 938.355 (4) (am), Stats., after the person attains 18 years of age, or a substantially similar tribal court order.

(9) “Custodial parent” means a parent that has legal custody of a child.

(10) “Department” means the department of children and families.

(11) “Director” means the director of a county department of social services under s. 46.22, Stats., or a county department of human services under s. 46.23, Stats.; the division administrator of the department’s division of Milwaukee child protective services; or the person designated by the governing body of a Wisconsin tribe.

(12) “Division of hearings and appeals” means the division of hearings and appeals in the department of administration.

(13) “Employee” means a person hired by a relative caregiver to work in a position in which the person has contact with the child on a regular basis.

(14) “Final substantiated finding” means all of the following:

(b) A determination made before January 1, 2015, that a person has abused or neglected a child under s. 48.981 (3) (c) 4., Stats., if the determination has not been reversed or modified on appeal.

(15) “Kinship care” means the program under s. 48.57 (3m), Stats.

(16) “Kinship care agency” or “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 in a county having a population of 750,000 or more; a tribal agency appointed by the tribal governing body that has entered an agreement with the department to administer kinship care or long-term kinship care as provided under s. 48.57 (3t), Stats.; or a public or private agency under contract with a county department, the department, or a tribal agency for the purpose of administering all or part of kinship care or long-term kinship care.

(17) “Kinship care payment” means a monthly payment in an amount specified in s. 48.57 (3m) (am), Stats., that is paid to a relative caregiver that has been determined eligible for payments under s. 48.57 (3m) and (3p), Stats., and this chapter.

(18) “Legal custody” means, with respect to an individual with legal custody of a child, the right and responsibility to make major decisions, as defined under s. 767.001 (2m), Stats., concerning the child.

Note: Section 767.001 (5), Stats., defines “physical placement” as the condition under which a party has the right to have a child physically placed with that party and has the right and responsibility to make, during that placement, routine daily decisions regarding the child’s care, consistent with major decisions made by a person having legal custody.

(18m) “Like-kin” has the meaning given in s. 48.02 (12c), Stats.

(19) “Long-term kinship care” means the program under s. 48.57 (3n), Stats.

(20) “Long-term kinship care payment” means a monthly payment in an amount specified in s. 48.57 (3n) (am), Stats., that is paid to a relative caregiver that has been determined eligible under s. 48.57 (3n) and (3p), Stats., and this chapter.

(21) “Medical assistance” means the assistance program under 42 USC chapter 7, subchapter XIX, and subch. IV of ch. 49, Stats.

(22) “Relative” has the meaning given s. 48.02 (15), Stats., except that it does not include a parent.

(23) “Relative caregiver” means a relative; an extended family member, as defined in s. 48.028 (2) (am), Stats.; or like-kin that is providing care and maintenance for a child and is applying for, or receiving, kinship care payments or long-term kinship care payments.

(23g) “Tribal court order” means an order of a tribal court located in Wisconsin.

(23r) “Tribal private guardianship order” means a guardianship order of a tribal court that is granted under a tribal law that is substantially similar to s. 48.9795, Stats.

(24) “Voluntary kinship care” means the program under s. 48.57 (3m), Stats., when the child is not placed in the relative caregiver’s home under a court order or a voluntary transition-to-independent-living agreement and is not under the placement and care responsibility of a child welfare agency.

(24m) “Voluntary placement agreement” means an agreement under s. 48.63 (1) (a) or (b) or (5) (b), Stats., or a substantially similar tribal law of a tribe located in Wisconsin.

(25) “Voluntary transition-to-independent-living agreement” means a voluntary agreement under s. 48.366 (3) or 938.366 (3), Stats., or a substantially similar tribal law of a tribe located in Wisconsin.

History

CR 19-159: cr. Register October 2020 No. 778, eff. 11-1-20; correction in (21) made under s. 35.17, Stats., Register October 2020 No. 778; CR 21-107: am. (4) (b) 3. a., (8), (14) (b), cr. (23g), (23r), (24m), am. (25) Register June 2022 No. 798, eff. 7-1-22; EmR2420: cr. (18m), r. and recr. (22), am. (23), eff. 1-1-25; CR 25-009: cr. (18m), r. and recr. (22), am. (23) Register August 2025 No. 836, eff. 9-1-25.

Wis. Admin. Code § DCF 58.03 Types of care by a relative caregiver {#sec-dcf-58.03 omnilex-key=us-wi-regs-official--agency-dcf--DCF 58.03}

This chapter applies to the following types of care by a relative caregiver of a child:

(1) Court-ordered out-of-home care placement. A relative caregiver applying for or receiving kinship care payments on behalf of a child that was placed in the relative caregiver’s home under a court order or a voluntary transition-to-independent-living agreement and is under the placement and care responsibility of a child welfare agency. A relative caregiver under this subsection shall also apply for or have applied for a license to operate a foster home under ch. DCF 56, unless the child was placed in the relative caregiver’s home by a court order of a tribal court.

(2) Voluntary. A relative caregiver applying for or receiving kinship care payments on behalf of a child residing with the relative caregiver for a child that was not placed in the relative caregiver’s home under a court order or a voluntary transition-to-independent-living agreement and is not under the placement and care responsibility of a child welfare agency. The child’s living arrangement with the relative caregiver may be informal or the relative caregiver may be the child’s guardian under s. 48.9795, Stats., or a tribal private guardianship order.

(3) Guardian appointed for child in need of protection or services. A relative caregiver that is applying for or receiving long-term kinship care payments and is a child’s guardian under s. 48.977, Stats., or a tribal court order that is substantially similar to an order under s. 48.977, Stats.

History

CR 19-159: cr. Register October 2020 No. 778, eff. 11-1-20; correction in (1) made under s. 35.17, Stats., and correction in (2) made under s. 13.92 (4) (b) 7., Stats., Register October 2020 No. 778; CR 21-107: am. (2), (3) Register June 2022 No. 798, eff. 7-1-22; EmR2420; emerg. am., eff. 1-1-25; CR 25-009: am. Register August 2025 No. 836, eff. 9-1-25.

Wis. Admin. Code § DCF 58.04 Requirements for applicants and kinship care and long-term kinship care relatives {#sec-dcf-58.04 omnilex-key=us-wi-regs-official--agency-dcf--DCF 58.04}

(1) Application.

(a) All applicants. The relative caregiver applies for kinship care payments or long-term kinship care payments using the application form prescribed by the department.

(b) Court-ordered out-of-home care placement.

If the child is placed in the home of the relative caregiver under a court order or a voluntary transition-to-independent-living agreement and a child welfare agency has placement and care responsibility for the child, the relative caregiver also completes the application for a license to operate a foster home, including the completion of forms prescribed by the department under ch. DCF 56.
Notwithstanding subd. 1., a relative caregiver of a child placed in the relative caregiver’s home under a court order or a voluntary transition-to-independent-living agreement is not required to apply for a license to operate a foster home if the child was placed in the relative caregiver’s home by a court order of a tribal court.

Note: If a relative caregiver has a private guardianship of the child under s. 48.9795, Stats., or a tribal private guardianship order, a child welfare agency does not have placement and care responsibility for the child, unless there is another court order giving the child welfare agency placement and care responsibility.

(c) More than one child. A relative caregiver may apply for kinship care or long-term kinship care for more than one child on the same application form.

Note: DCF-F-CFS2023, Kinship Care Payment Application, is the application prescribed by the department if the relative caregiver is not required to apply for a license to operate a foster home. DCF-F-2483-E, Joint Court-Ordered Kinship Care and Foster Care Application –Part A is the application form prescribed by the department if the child is in a court-ordered out-of-home care placement. Both application forms are available on the department’s website at https://dcf.wisconsin.gov/forms.

(2) Cooperation with agency. The relative caregiver cooperates with the kinship care agency, including all of the following:

(a) Completing and returning any forms prescribed by the department.

(b) Returning phone calls from the kinship care agency.

(c) Providing information through home visits, interviews, and documentation as necessary for the kinship care agency to determine or redetermine the eligibility of the relative caregiver for kinship care or long-term kinship care.

(d) Applying for other forms of assistance for which the child may be eligible, including financial assistance and medical assistance for the child.

Note: See the Kinship Navigator Portal at https://dcf.wi.gov/kinship/navigator for information on available resources.

(e) Cooperating with referral of the child’s parent or parents to the child support agency, except in any of the following circumstances:

The child is 18 years of age or over.
The relative caregiver has a pending good cause claim under s. DCF 58.12.
The relative caregiver requested and the kinship care agency granted a good cause exemption to the requirement that a relative caregiver cooperate with referring the child’s parent to the child support agency under s. DCF 58.12.

(f) Notifying the kinship care agency of a change in circumstances specified under s. DCF 58.10 (1).

(g) Cooperating with eligibility redeterminations and reviews under s. DCF 58.10.

(h) If the child is 18 years of age or over and the relative caregiver is applying for or receiving voluntary kinship care payments or long-term kinship care payments, providing the kinship care agency with a form prescribed by the department that has been signed by the relative caregiver and an official from the child’s school that verifies that the child meets the criteria in s. DCF 58.02 (4) (a) or (b) 1. and 2.

Note: DCF-F-CFS2167, Kinship Care School Verification, is available on the department’s website at https://dcf.wisconsin.gov/forms.

(3) No simultaneous payments.

(a) The relative caregiver does not simultaneously receive any of the following payments for the care and maintenance of the same child:

Kinship care payments and long-term kinship care payments.
Kinship care payments or long-term kinship care payments and foster care payments under s. 48.62 (4), Stats.; subsidized guardianship payments under s. 48.623 (1) or (6), Stats.; or any comparable payments from another jurisdiction.

(b) The relative caregiver does not receive kinship care payments or long-term kinship care payments for providing care and maintenance for a child who is receiving supplemental security income under 42 USC 1381 to 1383c or state supplemental payments under s. 49.77, Stats., due to the child’s own disability.

(4) Relationship and residence verification.

(a) A relative caregiver shall attest to the relative caregiver’s relationship to the child on the application under sub. (1).

(am) A relative caregiver shall provide documentation to the kinship care agency that verifies that the child is residing with the relative caregiver, such as the child’s medical assistance card or a written statement from a school representative. If no formal documentation is available, the relative caregiver may attest to the living arrangement on the application under sub. (1).

(b) The kinship care agency may request additional information on a relative caregiver’s relationship to the child or the child’s residence with the relative caregiver at any time.

(5) Background check. The relative caregiver complies with the requirements of s. 48.57 (3p), Stats., and s. DCF 58.05.

(6) Best interests of the child. The kinship care agency determines that living with the relative caregiver is in the best interests of the child under s. DCF 58.06.

(7) Need for protection or services.

(a) For kinship care, the criteria under s. DCF 58.07 (1) are met.

(b) For long-term kinship care, the criteria under s. DCF 58.07 (2) are met.

(8) Child’s grade. The relative caregiver informs the kinship care agency of the last grade that the child has completed.

(9) Child’s social security number.

(a) Within 90 days after the date on which the kinship care agency determines a relative caregiver’s initial eligibility for kinship care payments or long-term kinship care payments, the relative caregiver provides the kinship care agency with the child’s social security number.

(b) If a relative caregiver is unable to obtain a social security number for the child by the deadline in par. (a), the relative caregiver notifies the kinship care agency of the actions taken to obtain the social security number and the current status of the request. The kinship care agency shall document the relative caregiver’s efforts.

History

CR 19-159: cr. Register October 2020 No. 778, eff. 11-1-20; EmR2420: emerg. r. and recr. (4) (a), cr. (4) (am), eff. 1-1-25; CR 25-009:r. and recr. (4) (a), cr. (4) (am) Register August 2025 No. 836, eff. 9-1-25.

Wis. Admin. Code § DCF 58.05 Background check {#sec-dcf-58.05 omnilex-key=us-wi-regs-official--agency-dcf--DCF 58.05}

(1) When conducted.

(a) Mandatory.

‘Application.’ Within 10 working days after receiving a complete application as specified under s. DCF 58.08 (1), the kinship care agency shall begin the background check of the relative caregiver and any adult residents, prospective adult residents, employees, or prospective employees under s. 48.57 (3p), Stats., and this section.
‘Prospective adult resident or employee.’ Within 10 working days after receiving notice from a relative caregiver of a prospective employee, prospective adult resident, or new adult resident, the kinship care agency shall begin the background check of the prospective employee, prospective adult resident, or adult resident under s. 48.57 (3p), Stats., and this section.

Note: See the definitions of “adult resident” and “employee” in s. DCF 58.02 (1) and (13).

(b) Discretionary.

At any time that the kinship care agency considers to be appropriate, an agency may conduct a background check of a relative caregiver, adult resident, prospective adult resident, employee, or prospective employee.
A kinship care agency may investigate the background of a relative caregiver, adult resident, prospective adult resident, employee, or prospective employee at any time the agency considers to be appropriate without conducting a complete background check.

Note: The agency is not required to repeat a fingerprint-based FBI criminal history check for a discretionary background check.

(2) Provisional approval.

(a) The following provisional actions are allowed if a relative caregiver states to the kinship care agency that none of the persons who are subject to a background check has any arrests or convictions that could adversely affect the child or relative caregiver’s ability to care for the child:

The kinship care agency may make kinship care payments or long-term kinship care payments to the relative caregiver.
The relative caregiver may allow a prospective adult resident to be an adult resident and may allow a prospective employee to be an employee.

(b) The provisional approval under par. (a) expires the earlier of the following:

When the kinship care agency determines whether the person who is the subject of the background check meets the conditions under s. 48.57 (3p), Stats., and this section.
Ninety days after the date on which the provisional approval was granted.

(3) Provide information.

(a) The relative caregiver shall ensure that each person who is the subject of a background check does all of the following:

Completes the background information disclosure and written authorization for the kinship care agency to make follow-up contact with the Wisconsin department of justice and any other person or organization.

Note: DCF-F-2978-E, Background Information Disclosure, is available in the forms section of the department website at https://dcf.wisconsin.gov.

Provides information on the person’s places of residence during the preceding 5-year period.

(b) The relative caregiver shall submit the information under par. (a) to the kinship care agency.

(c) A person who is the subject of a background check shall submit a complete set of the person’s fingerprints in a technology approved by the Wisconsin department of justice or other law enforcement agency if any of the following conditions is met:

The person is not a resident of this state.
The person has resided outside the state at any time within the preceding 5 years.
The kinship care agency determines that the person’s employment, licensing, or state court records provide a reasonable basis for further investigation.

(4) Conduct background check.

(a) The kinship care agency shall obtain information on a person who is the subject of a background check by doing all of the following:

Requesting a search of the criminal history records maintained by the department of justice.
Submitting the person’s fingerprints to the department of justice for submission to the federal bureau of investigation if any of the conditions under sub. (3) (c) is met.

(b) When the kinship care agency is conducting a background check of a relative caregiver, the agency shall conduct a reverse search of the Wisconsin sex offender registry using the relative caregiver’s address to determine if a person residing at that address has committed a sex offense that is specified in s. 48.57 (3p) (g), Stats.

Note: A reverse search of the sex offender registry by address can be done by entering the relative caregiver’s address at https://doc.wi.gov/community-resources/offender-registry. The Wisconsin Sex Offender Registry does not contain information on all convicted sex offenders.

(5) Further investigation. If a relative caregiver is applying for or receiving kinship care payments, the kinship care agency shall investigate further if the criminal history records of the person who is the subject of the background check indicate any of the following:

(a) If the criminal history records indicate a charge of a crime specified in s. 48.57 (3p) (g), Stats., or comparable law in another jurisdiction, but do not completely and clearly indicate the final disposition of the charge, the kinship care agency shall make every reasonable effort to contact the clerk of courts to determine the final disposition of the charge.

(b) If the background information disclosure indicates a charge or conviction of a crime specified in s. 48.57 (3p) (g), Stats., or comparable law in another jurisdiction, but the criminal history records do not include the charge or conviction, the agency shall make every reasonable effort to contact the clerk of courts to obtain a copy of the criminal complaint and the final disposition of the complaint.

(c) If the results of the criminal history records, the background information disclosure, or any other information indicate a conviction for a violation of s. 940.19 (1), 940.195, 940.20, 941.30, 942.08, 947.01 (1), or 947.013, Stats., or comparable law in another jurisdiction, not more than 5 years before the kinship care agency obtained the information, the agency shall make every reasonable effort to contact the clerk of courts to obtain a copy of the criminal complaint and judgment of conviction relating to that violation.

Note: A list of Wisconsin county clerks of court is available at https://www.wicourts.gov/contact/docs/clerks.pdf.

(6) Kinship care barred offenses.

(a) A kinship care agency may not make kinship care payments to a relative caregiver if the relative caregiver or an employee or adult resident has been convicted of a crime or has had a penalty imposed that is specified in s. 48.57 (3p) (g), Stats., unless a director’s review under s. DCF 58.11 (1) or a division of hearings and appeals hearing order under s. 48.57 (3m) (g), Stats., determines that there are no arrests, convictions, or penalties that are likely to adversely affect the child or the relative caregiver’s ability to care for the child.

(b) A relative caregiver may not employ a person or permit a person to reside in the relative caregiver’s home if the person has been convicted of a crime or has had a penalty imposed that is specified in s. 48.57 (3p) (g), Stats., unless a director’s review under s. DCF 58.11 (1) or a division of hearings and appeals hearing order under s. 48.57 (3m) (g), Stats., determines that there are no arrests, convictions, or penalties that are likely to adversely affect the child or the relative caregivers ability to care for the child.

Note: A list of the criminal convictions and penalties that are barred offenses for kinship care under s. 48.57 (3p) (g), Stats., is available on the department’s website at https://dcf.wisconsin.gov/files/cwportal/kc/kc-barredcrimes.pdf.

Patterns of criminal behavior, pending charges, and convictions that are not specified under s. 48.57 (3p) (g), Stats., may be considered when determining the best interests of the child under s. DCF 58.06 (3).

(7) Long-term kinship care standard.

(a) A kinship care agency may not make long-term kinship care payments to a relative caregiver if the director determines that the relative caregiver or an employee or adult resident of the relative caregiver has an arrest or conviction that is likely to adversely affect the child or the relative caregiver’s ability to care for the child, unless the director’s decision is overturned by the division of hearings and appeals under s. 48.57 (3n) (g), Stats.

(b) A relative caregiver may not employ a person or permit a person to reside in the relative caregiver’s home if the director determines that the person has an arrest or conviction that is likely to adversely affect the child or the relative caregiver’s ability to care for the child, unless the director’s decision is overturned by the division of hearings and appeals under s. 48.57 (3n) (g), Stats.

Note: The kinship care agency may need to obtain a copy of the criminal complaint from the clerk of court to determine whether the circumstances of the crimes or the reason for the penalties could adversely affect the child or the relative caregiver’s ability to care for the child. A list of Wisconsin county clerks of court is available at https://www.wicourts.gov/contact/docs/clerks.pdf.

History

CR 19-159: cr. Register October 2020 No. 778, eff. 11-1-20; CR 21-107: am. (5) (a) to (c) Register June 2022 No. 798, eff. 7-1-22; correction in (1) (b) 2. made under s. 35.17, Stats., Register August 2022 No. 800.

Wis. Admin. Code § DCF 58.06 Best interests of the child {#sec-dcf-58.06 omnilex-key=us-wi-regs-official--agency-dcf--DCF 58.06}

(1) Criteria for best interest determination.

(a) Kinship care. For kinship care eligibility, the kinship care agency shall determine if living with the relative caregiver is in the best interests of the child based on the criteria in this section, unless an exception in par. (c) applies.

(b) Long-term kinship care. For long-term kinship care eligibility, the kinship care agency shall determine if living with the relative caregiver on a long-term basis is in the best interests of the child based on the criteria in subs. (2) to (4), unless the exception in par. (c) 2. applies.

(c) Presumption of best interests. Notwithstanding par. (a) or (b), the kinship care agency shall presume it is in the child’s best interests to live with the relative caregiver if any of the following conditions is met:

‘Court order.’ The child was placed in the home of the relative caregiver under a court order or a voluntary transition-to-independent-living agreement, and a child welfare agency has placement and care responsibility for the child.

Note: The child welfare agency with placement and care responsibility continues to be responsible for managing the safety of the out-of-home care placement.

‘Recent court order.’ The kinship care agency is determining the relative caregiver’s eligibility for voluntary kinship care or long-term kinship care within 6 months after a court order or voluntary transition-to-independent-living agreement placing the child in the relative caregiver’s home expired or was terminated.

(2) Characteristics of the relative caregiver. The relative caregiver has or exhibits all of the following characteristics to a degree that allows the relative caregiver to adequately care for the child:

(a) A positive approach to parenting the child, including all of the following:

If the relative caregiver has parenting history, the parenting history does not include behaviors or actions that are contrary to the health, safety, or welfare of a child, or the kinship care agency determines that the relative caregiver has a positive approach to parenting the child despite the parenting history.
The relative caregiver does not inflict or tolerate infliction of abuse and does not neglect the child.

(b) A demonstrated interest in integrating the child into the relative caregiver’s household and the ability to manage the stress of doing so.

(d) The ability to provide stable and appropriate care for the child, given the child’s age, strengths, needs, and abilities.

(e) The ability and willingness to work with the child’s parents, if the relative caregiver is applying for or receiving voluntary kinship care and does not have guardianship of the child under s. 48.9795, Stats., or a tribal private guardianship order.

(3) History of behaviors.

(a) The relative caregiver, employees, and adult residents do not have any final substantiated findings of child abuse or neglect that are likely to adversely affect the child or the relative caregiver’s ability to care for the child.

(b) If the kinship care agency conducts a background check on a person subject to the background check under s. DCF 58.05 (1), the agency determines that the person does not have any patterns of criminal behavior, pending charges, or convictions that are likely to adversely affect the child or the relative caregiver’s ability to care for the child.

(4) Other minor child in the home. No minor child residing in the relative caregiver’s home endangers the safety of another child.

(5) Physical environment. The physical environment of the relative caregiver’s home is safe for the child, including all of the following:

(a) The relative caregiver’s home is constructed, arranged, and maintained in a manner that is safe.

(b) The relative caregiver’s home has all of the following:

Furnishings and equipment necessary to adequately accommodate the child and other household members.

a. A safe and appropriate sleeping arrangement for the child.

b. If the child is under 12 months of age, the child sleeps alone in a crib, bassinet, or playpen.

(c) The relative caregiver considers the child’s developmental level and ensures that materials and equipment that may be hazardous to the child are stored in areas not readily accessible to the child. Potentially hazardous materials and equipment may include weapons, ammunition, poisons, insecticides, flammable or combustible materials, alcohol, tobacco products, medications, power tools, detergents, and plastic bags.

(d) The relative caregiver makes every reasonable effort to correct any hazard to the safety of the child in the home.

Note: If the relative caregiver does not own the home, the relative caregiver’s “reasonable effort to correct any hazard” includes asking the landlord to address safety concerns in the home.

(6) Voluntary kinship care only. The kinship care agency determines all of the following conditions are met:

(a) Child’s basic needs. The child needs to live with the relative caregiver because one or more of the following basic needs of the child can be better met by the relative caregiver than the child’s parent or parents:

The need for adequate food, shelter, clothing, and education.
The need to be free from physical, sexual, or emotional injury, neglect, or exploitation.
The need for a safe or permanent family.
The need to develop physically, mentally, and emotionally to the child’s potential.

(b) Parental consent. The kinship care agency determines that the child’s custodial parent or parents have consented to the child living with the relative caregiver, except that no consent is required if the relative caregiver has guardianship of the child under s. 48.9795, Stats., or a tribal private guardianship order.

History

CR 19-159: cr. Register October 2020 No. 778, eff. 11-1-20; correction in (2) (e), (6) (b) made under s. 13.92 (4) (b) 7., Stats., and change of numbering of (5) (c), (d) made under s. 13.92 (4) (b) 1., Stats., Register October 2020 No. 778; CR 21-107: am. (2) (e), (6) (b) Register June 2022 No. 798, eff. 7-1-22.

Wis. Admin. Code § DCF 58.07 Need for protection or services {#sec-dcf-58.07 omnilex-key=us-wi-regs-official--agency-dcf--DCF 58.07}

(1) Kinship care. When determining the eligibility of a relative caregiver to receive kinship care payments, the kinship care agency shall determine if any of the following conditions is met:

(a) Court order. The child has been placed with the relative caregiver by a court order under s. 48.13 or 938.13, Stats., or a substantially similar tribal court order.

(b) Voluntary kinship care.

If par. (a) does not apply, the kinship care agency determines any of the following:

a. The child meets one or more of the grounds or conditions under s. 48.13 or 938.13, Stats.

b. There is a reasonable probability that the child would be at risk of meeting one or more of the grounds or conditions under s. 48.13 or 938.13, Stats., if the child were to remain in the parent’s home.

c. If the child is 18 years of age or over, there is a reasonable probability that the child would meet or be at risk of meeting one or more of the grounds or conditions under s. 48.13 or 938.13, Stats., if the child were under 18 years of age and in the parent’s home.

The kinship care agency shall base a determination involving reasonable probability under subd. 1. b. or c. on any of the following:

a. The kinship care agency, court, or a tribal court has made a similar determination about the child or a sibling of the child within the previous 12 months.

b. Evidence of behavior by the child or a parent of the child that if increased in degree, could meet one or more of the grounds or conditions under s. 48.13 or 938.13, Stats.

c. A parent of the child has made threatening and credible statements that, if carried out, could meet one or more of the grounds or conditions under s. 48.13, Stats.

d. Information provided by the relative caregiver, a parent of the child, or any other credible person supports a determination that the circumstances in the child’s home could result in the child being at risk of meeting one or more of the grounds or conditions under s. 48.13 or 938.13, Stats., if the child were to remain in the home.

(2) Long-term kinship care. When determining the eligibility of a relative caregiver to receive long-term kinship care payments, the kinship care agency shall require the relative caregiver to provide proof that the relative caregiver is the child’s guardian under s. 48.977, Stats., or a tribal court order that is substantially similar to an order under s. 48.977, Stats.

History

CR 19-159: cr. Register October 2020 No. 778, eff. 11-1-20; CR 21-107: am. (1) (a), (2) Register June 2022 No. 798, eff. 7-1-22.

Wis. Admin. Code § DCF 58.08 Agency procedures {#sec-dcf-58.08 omnilex-key=us-wi-regs-official--agency-dcf--DCF 58.08}

(1) Application.

(a) Complete application. A kinship care agency shall consider a relative caregiver’s application for kinship care payments or long-term kinship care payments to be complete when the agency has received all of the following from the relative caregiver:

All information required on the application form prescribed by the department under s. DCF 58.04 (1).
All information that a relative caregiver is required to provide for background checks under s. DCF 58.05 (3).

(b) Agency timeframe for determining eligibility. Except as provided under s. DCF 58.09, a kinship care agency shall approve or deny a relative caregiver’s application within 45 days after receiving the complete application specified under par. (a).

Note: See s. DCF 58.05 (1) for the deadline for beginning background checks.

(c) Reapplication within 2 years. A kinship care agency may refuse to accept an application for kinship care or long-term kinship care from a relative caregiver that was determined ineligible for the same program within the previous 2 years if the agency determines that the reason for the previous denial or termination of payments has not changed.

(2) Health insurance. A kinship care agency shall do all of the following:

(a) Provide information on medical assistance to all relative caregivers during the initial eligibility determination process.

(b) Require that a relative caregiver that does not have private health insurance for the child apply for medical assistance for the child and assist the relative caregiver with applying if appropriate.

(c) Inform a relative caregiver that has private health insurance for the child that medical assistance may be available as a secondary health insurance.

(3) Agency eligibility or termination criteria prohibited. A kinship care agency may not create eligibility or termination criteria for kinship care or long-term kinship care that are in addition to the criteria in this chapter and s. 48.57 (3m), (3n), and (3p), Stats.

(4) Best interests determination.

(a) Voluntary and long-term kinship care. When determining whether living with the relative caregiver is in the best interests of the child under s. DCF 58.06, the kinship care agency shall do all of the following:

Assess the ability of the relative caregiver to care for the child and the safety of the relative caregiver’s home and do the following if applicable:

a. If a kinship care agency determines that a relative caregiver has a positive approach to parenting the child under s. DCF 58.06 (2) (a) 1., despite a parenting history that includes behaviors or actions that are contrary to the health, safety, or welfare of a child, the agency shall document the reasons for concern in the relative caregiver’s parenting history and the agency’s rationale for determining that the relative caregiver has a positive approach to parenting the child despite the parenting history.

b. If the relative caregiver does not have safe sleeping arrangements for the child as required under s. DCF 58.06 (5) (b) 2., the kinship care agency shall assist the relative caregiver with obtaining the needed crib or bed.

Note: The contract between the department and a county for the provision of child welfare services includes an allocation for kinship care assessments that may be used for relative caregiver needs, such as purchasing a needed crib or bed.

With an approach that is trauma-informed and age and developmentally appropriate, talk to each child for whom a relative caregiver is applying for or receiving kinship care payments or long-term kinship care payments and discuss the child’s needs.
When determining a relative caregiver’s initial eligibility for kinship care or long-term kinship care, check for all of the following:

a. Child abuse or neglect investigations or final substantiated findings in any jurisdiction in Wisconsin in which the relative caregiver, adult residents, prospective adult residents, employees, and prospective employees reside or have resided within the previous 5 years.

b. Investigations or findings on a child abuse or neglect registry maintained by any jurisdiction outside Wisconsin in which the relative caregiver, adult residents, prospective adult residents, employees, or prospective employees reside or have resided within the previous 5 years.

When redetermining a relative caregiver’s eligibility, make the checks specified under subd. 3. in any jurisdiction where the relative caregiver, adult resident, or employee reside or have resided since the most recent check by the kinship care agency.

(b) Voluntary kinship care; parental consent.

‘Request express consent for living arrangement.’ When determining a relative caregiver’s initial eligibility for voluntary kinship care when the relative caregiver is not the child’s guardian, the kinship care agency shall make diligent efforts to contact the custodial parent or parents and request that the parent or parents sign a form prescribed by the department expressly consenting to the child living with the relative caregiver. The initial effort to contact the custodial parent or parents shall be by mail. The agency may subsequently attempt contact by phone, in person, or by electronic mail.

Note: DCF-F-5371, Voluntary Kinship Care Parental Approval, is available on the department’s website at https://dcf.wisconsin.gov/forms.

‘Express denial.’ The kinship care agency shall determine that a relative caregiver is ineligible to receive voluntary kinship care and contact the local child protective services agency if the relative caregiver does not have guardianship of the child under s. 48.9795, Stats., or a tribal private guardianship order, and a custodial parent expressly denies consent for the child to live with the relative caregiver.

Note: In some circumstances, it may be appropriate for the relative caregiver to seek guardianship of the child.

‘Implied consent.’ A kinship care agency may determine that consent by the child’s custodial parent or parents for the child to live with the relative caregiver is implied if any of the following conditions is met:

a. The kinship care agency makes diligent efforts to contact the child’s custodial parent or parents and does not receive a response from any of the child’s custodial parents within 20 days after the agency’s first attempt to contact the custodial parent or parents.

b. The child’s custodial parent or parents respond to the kinship care agency in a manner that is not an express denial of consent for the child to live with the relative caregiver.

Note: The agency is seeking consent for the child to live with the relative caregiver. Parental consent for the relative caregiver to receive kinship care payments is not required. If a parent informs the agency that the parent does not want to pay child support, the agency should redirect the conversation toward obtaining consent for the living arrangement.

c. The child has 2 custodial parents, one custodial parent responds in a manner that is not an express denial of consent for the child to live with the relative caregiver, and the other custodial parent does not respond to the agency’s diligent efforts to contact the parent within 20 days after the first attempt to contact the parent.

(5) Child safety.

(a) Child protective services. A kinship care agency that has reasonable cause to suspect that the child has been abused or neglected or has been threatened with abuse or neglect and that abuse or neglect will occur shall report the facts and circumstances contributing to the suspicion to the local child protective services agency under s. 48.981 (2), Stats.

(b) Court.

‘Guardian; not in best interests.’ If a kinship care agency has concerns about whether it continues to be in a child’s best interests to live with a relative caregiver that has been appointed the child’s guardian under s. 48.977, Stats., or a tribal court order that is substantially similar to an order under s. 48.977, Stats., or under s. 48.9795, Stats., or a tribal private guardianship order, the kinship care agency shall inform the court that appointed the guardianship.
‘Parent in home; long-term kinship care.’ If a child’s parent resides with the child and the relative caregiver that is the child’s guardian under s. 48.977, Stats., or a tribal court order that is substantially similar to an order under s. 48.977, Stats., for more than 30 days, the kinship care agency shall inform the court that appointed the guardianship.

Note: Guardianships under s. 48.977, Stats., or a tribal court order that is substantially similar to an order under s. 48.977, Stats., are the result of a previous action under ch. 48, Stats., or substantially similar tribal law, in which child safety may have been an issue. Therefore, it is imperative that the kinship care agency responds accordingly when the agency becomes aware of a situation that circumvents the guardianship.

(6) Child age 18 or over. A kinship care agency may contact the school that a child 18 years of age or over is attending to verify the documentation submitted by the relative caregiver under s. DCF 58.04 (2) (h).

(7) Additional child within 6 months. If a relative caregiver applies for kinship care or long-term kinship care for a child that moves into the relative caregiver’s home within 6 months after the kinship care agency determined that the relative caregiver is eligible for kinship care or long-term kinship care for a different child, all of the following apply:

(a) The kinship care agency shall direct the relative caregiver to complete only the child-specific portions of the application under s. DCF 58.04 (1).

(b) The kinship care agency is not required to conduct new background checks under s. DCF 58.05.

(c) In determining whether living with the relative caregiver is in the best interests of the child under s. DCF 58.06, the kinship care agency may use information obtained for the agency’s most recent determinations under s. DCF 58.06 (2) to (4) for the other children.

(d) At the earliest date that an eligibility redetermination is required under s. DCF 58.10 (3) for the care of any child in the relative caregiver’s home, the kinship care agency shall redetermine the relative caregiver’s eligibility for all children in the home for whom the relative caregiver is receiving kinship care payments or long-term kinship care payments.

(8) Determination.

(a) A kinship care agency shall determine whether a relative caregiver is eligible to receive kinship care payments or long-term kinship care payments and send the relative caregiver a written notice of the decision on a form prescribed by the department.

(b) A notice denying or terminating a relative caregiver’s eligibility shall include the reasons for the denial or termination and a summary of appeal rights under s. DCF 58.11 and s. 48.57 (3m) (f), (3n) (f), and (3p) (h) or (hm), Stats., as applicable.

(c) A notice terminating eligibility shall inform the relative caregiver that payments will continue until a review or hearing decision is issued if the relative caregiver submits a request for a review or hearing as specified under s. DCF 58.11 within 10 days after the date of the notice. Any payments issued while the review or hearing is pending may be recovered by the kinship care agency if the agency’s determination is upheld.

Note: DCF-F-5370-E, Kinship Care Eligibility Determination, is available on the department’s website at https://dcf.wisconsin.gov/forms.

(9) Payment.

(a) Kinship care payments. After a kinship care agency has determined that a relative caregiver is eligible to receive kinship care payments, the agency shall issue payments that begin as follows:

For a child that was placed in the relative caregiver’s home under a court order or a voluntary transition-to-independent-living agreement, the later of the following:

a. The date the child was placed in the relative caregiver’s home under a court order or a voluntary transition-to-independent-living agreement.

b. Ninety days prior to the date the kinship care agency received the relative caregiver’s application information under sub. (1) (a).

For voluntary kinship care, the date on which the kinship care agency received the relative caregiver’s application information under sub. (1) (a), unless the relative caregiver is placed on a waiting list under sub. (11).

(b) Long-term kinship care payments. After a kinship care agency has determined that a relative caregiver is eligible to receive long-term kinship care payments, the agency shall issue payments that begin the later of the following:

The date the relative caregiver was appointed to be the child’s guardian under s. 48.977, Stats., or a tribal court order that is substantially similar to an order under s. 48.977, Stats.
Ninety days prior to the date the kinship care agency received the relative caregiver’s application information under sub. (1) (a).

(10) Waiting prohibited.

(a) Waiting list prohibited. A kinship care agency may not place any of the following relative caregivers on a waiting list:

‘Long-term kinship care.’ A relative caregiver that has been determined eligible for long-term kinship care payments.
‘Kinship care with court-ordered placement.’ A relative caregiver that has been determined eligible for kinship care payments if the child was placed with the relative caregiver under a court order or a voluntary transition-to-independent-living agreement and a child welfare agency has placement and care responsibility for the child.
‘Type of relative caregiving changes to voluntary.’ A relative caregiver whose type of care under s. DCF 58.03 changes to voluntary under s. DCF 58.03 (2) while the relative caregiver is receiving kinship care payments or long-term kinship care payments.

(b) Continued payment by previous agency until funding available.

Subject to subds. 2. and 3., a kinship care agency shall continue to make kinship care payments to a relative caregiver receiving voluntary kinship care payments from the agency if the relative caregiver moves to an area of the state served by another kinship care agency that has a waiting list.
The kinship care agency serving the area of the relative caregiver’s new residence under subd. 1. shall place the relative caregiver’s name at the top of the agency’s waiting list.
The kinship care agency serving the area where the relative caregiver is residing shall begin making the kinship care payments to the relative caregiver when the agency’s contract with the department is renewed or amended or the agency otherwise has kinship care funding available to make the payments.

(11) Waiting list policy and procedures for voluntary kinship care.

(a) Policy. Each kinship care agency shall develop a waiting list policy for relative caregivers that have been determined eligible to receive voluntary kinship care payments at a time when the kinship care agency’s allocation for kinship care payments is insufficient to begin the payments. A kinship care agency’s waiting list policy shall include all of the following:

The priority order in which the agency will move relative caregivers off the waiting list to begin making the kinship care payments. The kinship care agency may establish priorities based any of the following criteria:

a. The order in which applications are received.

b. The lack of stability in the living arrangement if a payment is not made.

c. The level or urgency of the child’s need under s. DCF 58.06 (5) (a).

d. If the child is under the guardianship of the relative caregiver by a statutory provision other than s. 48.977, Stats., or a tribal court order that is substantially similar to an order under s. 48.977, Stats.

The criteria and procedures for granting an exception to the priorities established under subd. 1., if the agency grants exceptions.
Whether the agency provides a retroactive payment for all or part of the time period that a relative caregiver is on the waiting list.

(b) Agency submittal. Each kinship care agency shall submit the agency’s waiting list policy under par. (a) to the department by January 1, 2021, and following any change to the agency’s waiting list policy.

(c) Authorization. A kinship care agency may establish a waiting list for newly-eligible relative caregivers if all of the following conditions are met:

The kinship care agency’s allocation for kinship care payments in the current fiscal year will be fully expended by payments to existing relative caregivers.
The kinship care agency notifies the department that the agency expects to be placing newly-eligible relative caregivers on the waiting list for the remainder of the fiscal year.

Note: Notice should be submitted to Kinship Care Program Coordinator, DCF/DSP, P.O. Box 8916, Madison, WI 53708-8916.

(d) Funding available. When a kinship care agency has sufficient funds to begin kinship care payments to a relative caregiver that the agency placed on a waiting list, the kinship care agency shall do all of the following:

Notify the relative caregiver in writing that funding is available and request that the relative caregiver contact the agency if the relative caregiver continues to be interested in and eligible for kinship care payments.
Begin payments to the relative caregiver for the time period beginning no later than the first day of the month beginning after the date that the relative caregiver contacted the kinship care agency to express continued interest in and eligibility for kinship care payments.

(12) Documentation.

(a) Eligibility decisions.

Within 5 working days after making any decision related to a kinship care agency’s determination, redetermination, or review of a relative caregiver’s eligibility for kinship care or long-term kinship care, a kinship care agency that has access to the department’s child welfare automation system shall enter any information related to the decision and any supporting documentation in the child welfare automation system.

Note: The department’s child welfare automation system is eWiSACWIS.

A kinship care agency that does not have access to the department’s child welfare automation system shall document eligibility decisions by completing the form prescribed by the department and obtaining and retaining supporting documentation as necessary.

Note: Tribal kinship care agencies do not have access to eWiSACWIS. DCF-F-5370-E, Kinship Care Eligibility Determination, is available on the department’s website at https://dcf.wisconsin.gov/forms.

(b) Status. A kinship care agency shall enter documentation of any of the following in the department’s child welfare automation system or the department’s automated kinship care tracking system within 5 working days after any of the following events:

A relative caregiver is placed on waiting list.
Kinship care payments or long-term kinship care payments to a relative caregiver begin or end.
A relative caregiver files an appeal of an agency decision under s. DCF 58.11.

(c) Documentation transfer to or from a tribal agency. A kinship care agency shall transfer documentation regarding a relative caregiver’s eligibility for kinship care or long-term kinship care to another kinship care agency if all of the following conditions are met:

The relative caregiver is receiving kinship care payments or long-term kinship care payments and moves with the child to an area of the state served by another kinship care agency.
The kinship care agency serving the area of either the relative caregiver’s old residence or new residence does not have access to the department’s child welfare automation system.

(13) Long-term kinship care agreement. A kinship care agency that determines that a relative caregiver is eligible to receive long-term kinship care payments shall enter into a written agreement with the relative caregiver using a form prescribed by the department. Under the written agreement, the relative caregiver agrees to provide care and maintenance for the child and the kinship care agency agrees to provide long-term kinship care payments to the relative caregiver until the date of a change in circumstances specified in s. 48.57 (3n) (am) 6., Stats., or the date on which the long-term guardianship under a tribal court order that is substantially similar to an order under s. 48.977, Stats., terminates.

Note: DCF-F-CFS2190-E, Long-Term Kinship Care Agreement, is available on the department’s website at https://dcf.wisconsin.gov/forms.

(14) Change in type of care by a relative caregiver.

(a) Following a change in a relative caregiver’s type of relative caregiving as specified under s. DCF 58.03, the kinship care agency shall determine if the relative caregiver’s eligibility for kinship care or long-term kinship care has changed.

(b) If the relative caregiver’s eligibility for kinship care or long-term kinship care changes due to a change in the type of care under s. DCF 58.03, the kinship care agency shall use information about the relative caregiver and child previously obtained to the extent appropriate to document the relative caregiver’s eligibility following the change in the type of care. The kinship care agency may require additional information and actions only as necessary for the eligibility determination and may not require a relative caregiver to complete a new application under s. DCF 58.04 (1).

Note: For other provisions affecting a change in the type of care by a relative caregiver, see s. DCF 58.06 (1) (c) 2. and sub. (10) (a) 3.

There are only minor differences in the eligibility criteria for kinship care and long-term kinship care. If a relative caregiver receiving kinship care payments is appointed the child’s guardian under s. 48.977, Stats., or a tribal court order that is substantially similar to an order under s. 48.977, Stats., the kinship care agency and relative caregiver will enter an agreement under sub. (13) and the kinship care agency will update the program type to long-term kinship care.

(15) Director’s designee.

(a) The director may designate an individual to fulfill the director’s responsibilities under ss. DCF 58.05 (7) and 58.11 (1) if the individual is a manager in the kinship care agency and does not directly supervise the agency staff that make eligibility determinations for kinship care or long-term kinship care.

(b) If a director designates an individual under par. (a), the kinship agency shall submit the name of the designee and the designee’s position in the agency to the department each January.

Note: Submit notice of a designee to the Kinship Care Program Coordinator, DCF/DSP, P.O. Box 8916, Madison, WI 53708−8916.

(16) Overpayments.

(a) A kinship care agency may recover an overpayment of kinship care or long-term kinship care from a relative caregiver by any of the following means:

Reducing the amount of relative caregiver’s monthly kinship care payment or long-term kinship care payment by an amount agreed to by the relative caregiver and the kinship care agency.
Requesting payment within a specified time period.
Negotiating a payment plan.

(b)

A county department of social services under s. 46.22, Stats., a county department of human services under s. 46.23, Stats., or a tribal agency that recovers an overpayment under this section due to the county department’s or tribal agency’s efforts may retain the amount recovered.
Funds retained under subd. 1. may only be spent on the county department’s or tribal agency’s kinship care or long-term kinship care program.
If the county department or tribal agency has not spent the retained funds under subd. 1. by the end of the contract period, the department shall recover the funds through the contracting process.

(17) Federal reporting requirements. Each kinship care agency shall provide information to the department necessary for compliance with federal data collection and reporting requirements under 45 CFR part 265, as determined by the department.

Note: Agency responsibilities will be specified in the county and tribal contracts with the department.

History

CR 19-159: cr. Register October 2020 No. 778, eff. 11-1-20; correction in (4) (a) 1. b., (b) 2., (5) (b) 1. made under s. 13.92 (4) (b) 7., Stats., Register October 2020 No. 778; CR 21-107: am. (4) (a) 3. a., (b) 2., (5) (b), (9) (b) 1., (11) (a) 1. d., (13) Register June 2022 No. 798, eff. 7-1-22; EmR2420: emerg. am. (10) (a) 3., (14), eff. 1-1-25; CR 25-009: am. (10) (a) 3., (14) Register August 2025 No. 836, eff. 9-1-25.

Wis. Admin. Code § DCF 58.09 Special provisions for court-ordered kinship care and long-term kinship care {#sec-dcf-58.09 omnilex-key=us-wi-regs-official--agency-dcf--DCF 58.09}

(1) Payments pending decision on foster care application. In this section: Subject to subs. (2) and (3), a kinship care agency may make kinship care payments or long-term kinship care payments to a relative caregiver that is providing care and maintenance for a child who is placed in the home of the relative caregiver under a court order or a voluntary transition-to-independent-living agreement until the earlier of the following:

(a) The date that is 60 days after the date on which the kinship care agency received the complete application of the relative caregiver for a license to operate a foster home under ss. DCF 58.04 (1) and 58.08 (1) (a).

(b) The date on which the application for a license to operate a foster home is approved or denied or the relative caregiver is otherwise determined to be ineligible for licensure, if the application is approved or denied or the relative caregiver is otherwise determined to be ineligible for licensure within those 60 days.

(2) Payment extension if no-fault delay. If the application for a license to operate a foster home is not approved or denied or the relative caregiver is not otherwise determined to be ineligible for licensure within 60 days after the date on which the kinship care agency received the completed application under s. DCF 58.08 (1) for any reason other than an act or omission of the relative caregiver, the kinship care agency may make payments until the earlier of the following:

(a) Four months after the date on which the kinship care agency received the completed application under s. DCF 58.08 (1) (a).

(b) The date on which the application is approved or denied or the relative caregiver is otherwise determined to be ineligible for licensure if the application is approved or denied or the relative caregiver is otherwise determined to be ineligible for licensure within those 4 months.

(3) Court approves continued placement in relative caregiver’s home. Notwithstanding that a relative caregiver’s application for a license to operate a foster home is denied or the relative caregiver is otherwise determined to be ineligible for licensure, the kinship care agency may make payments to a relative caregiver for as long as all other requirements to receive kinship care payments or long-term kinship care payments, as applicable, are met if the court orders the child to remain in the relative caregiver’s home based on all of the following information if submitted to the court by the kinship care agency:

(a) Information that the kinship care agency gathered for the background check required under s. 48.57 (3p), Stats., and s. DCF 58.05.

(b) The kinship care agency’s assessment of the ability of the relative caregiver to care for the child and safety of the relative caregiver’s home under ss. DCF 58.06 and 58.08 (4) (a).

Note: DCF-F-2479-E, Relative Caregiver Licensing Decision, is available on the department’s website at https://dcf.wisconsin.gov/forms.

(4) Court denies continued placement. If a relative caregiver’s application for a license to operate a foster home is denied or the relative caregiver is otherwise determined to be ineligible for licensure and the court does not order the child to remain in the relative caregiver’s home under sub. (3), the kinship care agency shall request a change in placement under s. 48.357 (1) (am) or 938.357 (1) (am), Stats., or a termination of the guardianship order under s. 48.977 (7), Stats., for a relative caregiver that applied for long-term kinship care payments. Any person specified in s. 48.357 (2m) (a) or 938.357 (2m) (a), Stats., may also request a change in placement. Any person who is authorized to file a petition for the appointment of a guardian for the child under s. 48.977, Stats., may also request a termination of the guardianship order.

History

CR 19-159: cr. Register October 2020 No. 778, eff. 11-1-20.

Wis. Admin. Code § DCF 58.10 Change in circumstances {#sec-dcf-58.10 omnilex-key=us-wi-regs-official--agency-dcf--DCF 58.10}

(1) Notification requirements.

(a) A relative caregiver shall notify the kinship care agency within 5 working days after the date that any of the following occur:

The relative caregiver and child move to a new residence.
The relative caregiver or a prospective employee, employee, prospective adult resident, or adult resident is the subject of an investigation or final substantiated finding that the person has abused or neglected a child.
The relative caregiver or a prospective employee, employee, prospective adult resident, or adult resident is arrested for, charged with, or convicted of any crime.
The child has a new caregiver.
The child is no longer living with the relative caregiver.
The child is married.
The child enters the military.
The child is deceased.
The child graduates, completes, or drops out from a full-time, kindergarten to 12th grade educational program or its equivalent, and the child is 18 years of age or older.
An individualized education program under s. 115.787, Stats., is no longer in effect for the child, and the child is 18 years of age or older.
The relative caregiver is no longer supporting the child.
The child’s parent is residing with the relative caregiver and the child.
The child is placed outside the relative caregiver’s home under a court order, voluntary placement agreement, or a voluntary transition-to-independent-living agreement.
The child is placed in the relative caregiver’s home under a court order or a voluntary transition-to-independent-living agreement.
The relative caregiver is appointed the child’s guardian under s. 48.977, Stats., or a tribal court order that is substantially similar to an order under s. 48.977, Stats.
The relative caregiver’s guardianship order under s. 48.977, Stats., or a tribal court order that is substantially similar to an order under s. 48.977, Stats., terminates.
The relative caregiver begins receiving foster care payments under s. 48.62 (4), Stats., or from another jurisdiction.
The relative caregiver begins receiving subsidized guardianship payments for care of the child under s. 48.623, Stats., or comparable payments from another jurisdiction.
The child begins receiving supplemental security income under 42 USC 1381 to 1383c or state supplemental payments under s. 49.77, Stats., due to the child’s own disability.
A person residing in the relative caregiver’s home no longer meets the definition of “child” under s. DCF 58.02 (4).

(b)

A relative caregiver shall notify the kinship care agency that a person intends to become an adult resident in the relative caregiver’s home as soon as possible before the person begins residing in the home, except as provided under subd. 2.
If a person becomes an adult resident in a relative caregiver’s home without advance notice to the relative caregiver, the relative caregiver shall notify the kinship care agency no later than 5 working days after the person became an adult resident.

(2) Agency review.

(a) A kinship care agency that receives notice from the relative caregiver or otherwise knows or suspects that a change specified in sub. (1) has occurred shall review whether the relative caregiver continues to be eligible for kinship care payments or long-term kinship care payments within 20 calendar days.

(b) A kinship care agency may allow the child’s parent to reside with the relative caregiver and the child for no more than 30 calendar days, unless the relative caregiver is providing care for the child’s parent and any of the following apply:

The child’s parent is a child.

Note: See s. DCF 58.02 (4) for the definition of “child” for purposes of this chapter.

The child’s parent is subject to an order for adult protective services or protective placement under s. 55.12, Stats., or a substantially similar tribal law.

(3) Annual eligibility redetermination.

(a) Annual redetermination date.

A kinship care agency shall redetermine the eligibility of a relative caregiver to receive kinship care payments or long-term kinship care payments at least every 12 months after the agency began making kinship care payments or long-term kinship care payments to the relative caregiver.
If the relative caregiver is caring for more than one child and the kinship care payments or long-term kinship care payments began on different dates, the kinship care agency shall redetermine the relative caregiver’s eligibility at least 12 months from the redetermination date under s. DCF 58.08 (7) (d) or otherwise establish a single annual redetermination date for the relative caregiver.

(b) Redetermination form.

Sixty days before a relative caregiver’s annual redetermination date established under par. (a), the kinship care agency shall send to the relative caregiver a form prescribed by the department that requests the relative caregiver to indicate whether any of the circumstances specified under sub. (1) have occurred and the last grade that the child has completed.
The form under subd. 1. shall also direct the relative caregiver to contact the kinship care agency to schedule a time for the agency to visit the relative caregiver’s home if the relative caregiver is receiving voluntary kinship care payments or long-term kinship care payments.

Note: DCF-F-5369-E, Kinship Care Request for Information to Determine Continued Eligibility, is available on the department’s website at https://dcf.wisconsin.gov/forms.

(c) Voluntary and long-term kinship care; home visit. If the relative caregiver is receiving voluntary kinship care payments or long-term kinship care payments, the kinship care agency shall visit the relative caregiver’s home and determine whether living with the relative caregiver continues to be in the best interests of the child under s. DCF 58.06 (1) to (4).

(d) Voluntary kinship care. If the relative caregiver is receiving voluntary kinship care payments, the kinship care agency shall also determine all of the following:

Whether there continues to be a need for the child to live with the relative caregiver under s. DCF 58.06 (5) (a).
Whether the conditions under s. DCF 58.07 (1), regarding the child’s need for protection or services, are met.

(4) Eligibility after age 17.

(a) Definition of child. A relative caregiver may be eligible to receive kinship care payments or long-term kinship care payments for the care of a child who has attained the age of 18 years if the child meets the conditions under s. DCF 58.02 (4) (a) or (b) and other eligibility requirements in this chapter and s. 48.57 (3m), (3n), and (3p), Stats., as applicable, are met.

(b) Voluntary kinship care and long-term kinship care procedures. To determine if the eligibility of a relative caregiver receiving voluntary kinship care payments or long-term kinship care payments is expected to continue when the child turns 18 years old, the kinship care agency shall do all of the following:

Six months before the child’s 18th birthday, the kinship care agency shall send the relative caregiver a form prescribed by the department that notifies the relative caregiver that kinship care payments or long-term kinship care payments will terminate when the child turns 18 years old unless the relative caregiver provides information regarding potential eligibility for the payments to continue.

Note: DCF-F-5373-E, Advance Notice of Termination of Kinship Care at Age 18, is available on the department’s website at https://dcf.wisconsin.gov/forms.

If the kinship care agency has not received the completed form under subd. 1. and any necessary documentation from the relative caregiver by 60 days before the child’s 18th birthday, the kinship care agency shall send a second copy of the form to the relative caregiver.
If the kinship care agency has not received the completed form under subd. 1. or 2. with any necessary documentation from the relative caregiver by 30 days before the child’s 18th birthday, the payment for the month of the child’s 18th birthday shall be the last payment.
If the kinship care agency receives the completed form under subd. 1. or 2. and any necessary documentation from the relative caregiver 30 days or more before the child’s 18th birthday, the kinship care agency shall determine if eligibility will continue when the child turns 18 years old and send the notice of decision on a form prescribed by the department within 15 days after receiving the relative caregiver’s completed form and any necessary documentation.

To determine if a relative caregiver’s eligibility for kinship care is expected to continue when a child turns 18 years old if the child was placed in the relative caregiver’s home under a court order or a voluntary transition-to-independent-living agreement and is under the placement and care responsibility of a child welfare agency, a kinship care agency that has access to the department’s child welfare automation system shall do all of the following:

a. At least 45 days before the child’s 18th birthday, verify that the child welfare agency that has placement and care responsibility of the child has entered the information that is necessary to determine the relative caregiver’s continued eligibility into the department’s child welfare automation system. If the necessary information has not been entered, the kinship care agency shall contact the child welfare agency.

b. At least 30 days before the child’s 18th birthday, determine if eligibility will continue when the child turns 18 years old and send the notice of decision on a form prescribed by the department.

A kinship care agency that does not have access to the department’s child welfare automation system shall use the procedures in par. (b) to determine if eligibility is expected to continue when the child turns 18 years old and the relative caregiver is receiving kinship care payments on behalf of a child that was placed in the relative caregiver’s home under a court order or a voluntary transition-to-independent-living agreement.

Note: DCF-F-5373-E, Advance Notice of Termination of Kinship Care at Age 18, is available on the department’s website at https://dcf.wisconsin.gov/forms.

History

CR 19-159: cr. Register October 2020 No. 778, eff. 11-1-20; correction in (1) (a) 19. made under s. 13.92 (4) (b) 7., Stats., Register October 2020 No. 778; CR 21-107: am. (1) (a) 13., 15., 16., (2) (b) 2. Register June 2022 No. 798, eff. 7-1-22; reprinted to correct transcription error Register August 2022 No. 800; EmR2420: emerg. am. (4) (c) 1. (intro.), 2., eff. 1-1-25; , eff. 1-1-25; CR 25-009: am. (4) (c) 1. (intro.), 2. Register August 2025 No. 836, eff. 9-1-25; correction in (3) (b) 1. made under s. 35.17, Stats., Register August 2025 No. 836.

Wis. Admin. Code § DCF 58.11 Appeal rights {#sec-dcf-58.11 omnilex-key=us-wi-regs-official--agency-dcf--DCF 58.11}

(1) Kinship care; director review of background check denial.

(a) Request for review.

A relative caregiver applying for or receiving kinship care payments may submit a request for review by the director of the kinship care agency if the relative caregiver receives a written notice of any of the following:

a. Kinship care payments are denied or terminated because the background check of the relative caregiver indicates a conviction or imposition of a penalty specified under s. 48.57 (3p) (g), Stats., and s. DCF 58.05 (6).

b. The background check of a prospective adult resident, adult resident, prospective employee, or employee indicates a conviction or imposition of a penalty specified under s. 48.57 (3p) (g), Stats., and s. DCF 58.05 (6), and kinship care payments will be denied or terminated if the relative caregiver permits the prospective adult resident to reside in the relative caregiver’s home, continues to permit the adult resident to reside in the relative caregiver’s home, employs the prospective employee, or continues to employ the employee.

A relative caregiver’s request for review shall be addressed to the director and submitted to the kinship care agency in the manner specified in the notice no later than 45 days after the date of the notice under subd. 1.
The kinship care agency shall continue kinship care payments to a relative caregiver if the relative caregiver submits a request for review by the director within 10 days after the date of a notice of termination, pending the director’s written notice of determination under par. (c) and, if the relative caregiver submits a request for a hearing under sub. (2) within 10 days after the date of the director’s written notice of determination under par. (c), the hearing decision.

(b) Standard for review. Within 30 days after the kinship care agency receives the relative caregiver’s request for review under par. (a), the director shall determine if the conviction record on which the denial, termination, prospective denial, or prospective termination was based includes any arrests, convictions, or penalties that are likely to adversely affect the child or the ability of the relative caregiver to care for the child. In reviewing the conviction record, the director shall consider all of the following factors:

The length of time between the date of the arrest, conviction, or imposition of the penalty and the date of the review.
The nature of the alleged violation, violation, or penalty and how that alleged violation, violation, or penalty affects the ability of the relative caregiver to care for the child.
Whether making an exception to the denial would be in the best interests of the child.

(c) Director’s determination. Within 10 working days after making the determination under par. (b), the kinship care agency shall send the relative caregiver a written notice of the director’s determination and a summary of the relative caregiver’s right to a hearing under sub. (2) and s. 48.57 (3m) (f) and (g), Stats.

Note: A relative caregiver applying for or receiving long-term kinship care is not eligible for a review by the director because the director makes background check determinations for long-term kinship care under s. DCF 58.05 (7).

(2) Request for hearing.

(a) Notice of agency action. A relative caregiver may submit a request for a hearing to the division of hearings and appeals in the manner specified in the notice no later than 45 days after the date of a notice from the kinship care agency of any of the following:

A denial or termination of kinship care payments or long-term kinship care payments for a reason other than as specified under s. DCF 58.05 (6) or (7).
A denial or termination of kinship care payments following the director’s review of the relative caregiver’s conviction record under sub. (1).
A determination by a director, after reviewing the conviction record of a prospective adult resident, adult resident, prospective employee, or employee under sub. (1), that kinship care payments will be denied or terminated if the relative caregiver does any of the following:

a. Permits the prospective adult resident, or continues to permit the adult resident, to reside in the relative caregiver’s home.

b. Employs the prospective employee or continues to employ the employee.

A denial or termination of long-term kinship care payments based on the background check of the relative caregiver under s. DCF 58.05 (7).
A determination by a director, based on the background check of a prospective adult resident, adult resident, prospective employee, or employee, that long-term kinship care payments will be denied or terminated if the relative caregiver does as provided under subd. 3. a. or b.
A determination under s. DCF 58.06 (3) that it is not in the best interests of the child for the relative caregiver to do any of the following:

a. Permit a prospective adult resident to reside, or continue to permit an adult resident to reside, in the relative caregiver’s home.

b. Employ a prospective employee or continue to employ an employee.

The relative caregiver received the first written notice of an overpayment.

(b) Failure to act on application. If the kinship care agency fails to act on a relative caregiver’s complete application as specified under s. DCF 58.08 (1) (a), the relative caregiver may submit a request for a hearing to the division of hearings and appeals no later than 45 days after the date of the deadline for the kinship care agency to process the application under s. DCF 58.08 (1) (b).

(c) No division of hearings and appeals hearing right. A relative caregiver may not be granted a hearing with the division of hearings and appeals if any of the following conditions is met:

The relative caregiver is applying for or receiving kinship care payments, the kinship care agency sent the relative caregiver the notice specified under sub. (1) (a) 1., and any of the following:

a. The relative caregiver has not requested a review by the director under sub. (1).

b. The relative caregiver requested a review by the director under sub. (1), the director has not sent a notice of the determination, and the time allowed for the director to send the notice of the determination has not expired.

The kinship care agency determined that the person was ineligible for kinship care or long-term kinship care within the previous 2 years, and the reason for the denial or termination has not changed.

Note: For kinship care, the procedures for a hearing with the Division of Hearings and Appeals are under s. 48.57 (3m) (g), Stats. For long-term kinship care, the procedures for a hearing with the Division of Hearings and Appeals are under s. 48.57 (3n) (g), Stats.

History

CR 19-159: cr. Register October 2020 No. 778, eff. 11-1-20; correction in (2) (a) 1., (b) made under s. 35.17, Stats., Register October 2020 No. 778.

Wis. Admin. Code § DCF 58.12 Procedures for requesting an exemption for good cause to the requirement for cooperation in securing child support {#sec-dcf-58.12 omnilex-key=us-wi-regs-official--agency-dcf--DCF 58.12}

(1) Definitions. In this section:

(a) “Emotional harm” means that the child or relative caregiver is emotionally impaired to an extent that substantially affects the child’s or relative caregiver’s functioning.

(b) “Serious nature” means:

In reference to a relative caregiver, that the physical or emotional impairment is or will affect the relative caregiver’s capacity to care for the child.
In reference to a child, that the physical or emotional impairment is or will affect the child’s emotional, mental, or physical functioning.

(2) Right to request good cause exemption. A relative caregiver may request a good cause exemption from the requirement under s. DCF 58.04 (2) (e) to cooperate with the kinship care agency in referring the child’s parent or parents to the child support agency.

(3) Claiming good cause.

(a) Notice.

A kinship care agency shall notify the relative caregiver of the opportunity to claim a good cause exemption in the application for kinship care or long-term kinship care.
The notice shall describe the right to refuse to cooperate for good cause in securing child support and shall advise the relative caregiver of all of the following:

a. The potential benefits the child may derive from securing child support.

b. That cooperation in securing child support is a condition of eligibility for kinship care and long-term kinship care.

c. That good cause for refusing to cooperate may be claimed and if the kinship care agency finds that there is good cause, the relative caregiver will be excused from the cooperation requirement.

(b) Claim.

A relative caregiver may claim good cause in application form prescribed by the department under s. DCF 58.04 (1). The good cause information in the application shall describe the circumstances that support a good cause claim and how a claim should be documented.
The information on good cause in the application shall include that the kinship care agency directs the child support agency to proceed to attempt to secure child support without the participation of the relative caregiver.
The relative caregiver shall sign and date the good cause claim to initiate the claim.
Within 2 days after the date on which the relative caregiver signs the good cause claim under subd. 3., the kinship care agency shall notify the child support agency that the relative caregiver has filed a good cause claim and instruct the child support agency to either not initiate or to suspend activities to secure child support until the claim is determined.

(c) Burden on relative caregiver to establish good cause circumstances. A relative caregiver who refuses to cooperate in securing child support and who claims good cause for refusing to cooperate has the burden of establishing good cause, except as provided in subs. (5) (c) and (11) (a).

(4) Good cause circumstances. The kinship care agency shall determine whether requiring cooperation is contrary to the best interests of the child or the relative caregiver. An exemption may be granted only for one of the following reasons:

(a) The relative caregiver’s cooperation can be reasonably anticipated to result in any of the following:

Physical harm of a serious nature to the child or to the relative caregiver.
Emotional harm of a serious nature to the child or the relative caregiver.

(b) One of the following circumstances exists and it can be reasonably anticipated that proceeding to secure child support would be detrimental to the child:

The child was conceived as the result of incest or sexual assault.
A petition for adoption of the child has been filed with a court.
The parent or parents are being assisted by a social services agency in deciding whether to terminate parental rights and the discussions have not gone on for more than 3 months.

(5) Determination of good cause.

(a) Within 45 days from the date a claim is signed, the kinship care agency shall determine if there is good cause for a relative caregiver to refuse to cooperate in securing child support. The 45-day period may be extended by the kinship care agency upon written notice to the relative caregiver if the kinship care agency documents that additional time is needed for any of the following reasons:

Information needed to verify the claim cannot be obtained by the kinship care agency within 45 days.
Supporting evidence was not submitted by the relative caregiver within 20 days as required under sub. (10) (a).

(b) The kinship care agency’s determination on whether good cause exists shall be reviewed and signed by a supervisor in the agency.

(c) If there is no evidence or verifiable information available which suggests otherwise, the kinship care agency shall conclude that a refusal to cooperate was a case of cooperation to the fullest extent possible.

(d) The kinship care agency shall place all of the following in the relative caregiver’s case record:

The agency’s final determination on the relative caregiver’s good cause claim and the reasons for the determination.
All evidence submitted in support of the claim.

(e) Written notice of the final determination shall be given to the relative caregiver and to the child support agency. If the kinship care agency determines that good cause does not exist, the relative caregiver may, within 45 days from the date of the notification, do one of the following:

Withdraw the claim and cooperate.
Exclude any affected child from the application or case.
Withdraw the application or request that the case be closed.
Request a hearing under s. DCF 58.11 (2).

(f) A denial or termination of kinship care or long-term kinship care shall remain in effect until there is cooperation or until cooperation is no longer an issue.

(6) Approving or continuing payments. If the relative caregiver is cooperating with the kinship care agency in furnishing evidence and information for a determination on good cause, the kinship care agency may not deny, delay, reduce, or discontinue a kinship care or long-term kinship care payment, pending the determination, provided that all other eligibility criteria are met.

(7) Participation of the child support agency.

(a) The kinship care agency shall allow the child support agency to review and comment on the findings of the kinship care agency and shall consider the child support agency’s recommendations prior to the final determination on good cause by the kinship care agency.

(b) The child support agency may participate in any hearing resulting from a good cause determination.

(8) Evidence. An initial good cause claim shall be based on evidence in existence at the time of the claim. There is no limitation on the age of the evidence. Once a final decision, including any hearing, is made on the claim, any subsequent claim shall have new evidence as its basis. Any of the following types of evidence may be used in determining good cause:

(a) Birth certificates or medical or law enforcement records that indicate that the child may have been conceived as a result of incest or sexual assault.

(b) Court documents or other records that indicate that a petition for the adoption of the child has been filed with a court.

(c) Court, medical, criminal, child protective services, social services, psychological, school or law enforcement records that indicate that a parent might inflict physical or emotional harm on the child or on the relative caregiver.

(d) Medical records indicating the emotional health history and present emotional health status of the relative caregiver or the child, or a written statement from a mental health professional indicating a diagnosis or prognosis concerning the emotional health of the relative caregiver or the child.

(e) A written statement from a public or private social services agency that the parent is being assisted by that agency to determine whether or not to terminate parental rights.

(f) Sworn statements from persons other than the parent or the relative caregiver with knowledge of the circumstance on which the good cause claim is based.

(g) Any other supporting or corroborative evidence.

(9) Special requirements for proof of good cause.

(a) Emotional harm. If a good cause claim is based on emotional harm to the relative caregiver or to the child, the kinship care agency shall consider all of the following:

Present emotional state of the person subject to emotional harm.
Emotional health history of the person subject to emotional harm.
Intensity and probable duration of the emotional harm.
Degree of cooperation to be required.
Extent of involvement of the child or the relative caregiver in the establishment of the support enforcement activity to be undertaken.

(b) Physical harm. If a good cause claim is based on anticipated physical harm and no evidence is submitted, the kinship care agency shall conduct an investigation.

(c) Incest or sexual assault. If a good cause claim is based on the relative caregiver’s statement that the child was conceived as a result of incest or sexual assault, but this is not documented, the claim may be reviewed as one based on emotional harm.

(10) General requirements for proof of good cause.

(a) The relative caregiver who claims good cause shall provide supporting evidence within 20 days from the day the claim is signed. The kinship care agency worker may, with supervisory approval, determine that more time is necessary because of difficulty in obtaining certain evidence.

(b) There shall be at least one document of evidence, in addition to any sworn statements from the relative caregiver, for proof of good cause. The relative caregiver shall be encouraged to provide as many types of evidence as possible. The kinship care agency shall offer assistance in obtaining necessary evidence.

(c) When sufficient evidence to substantiate a good cause claim has not been submitted, the kinship care agency shall do all of the following:

Notify the relative caregiver that additional evidence is required and specify that evidence.
Advise the relative caregiver on how to obtain the evidence.
Make a reasonable effort to obtain specific documents that are not reasonably attainable by the relative caregiver without assistance.

(d) If after having been notified that additional evidence is required, the relative caregiver continues to refuse to cooperate or the evidence obtained does not establish good cause, the kinship care agency shall then notify the relative caregiver that if no further action is taken within 45 days from the date of the notification, good cause will not be found and that the relative caregiver may do any of the following:

Withdraw the claim and cooperate.
Exclude affected children from the application or case.
Withdraw the application or request that the case be closed.
Request a hearing under s. DCF 58.11 (2).

(e) If the 45-day period under par. (d) has expired and no action as specified in par. (d) has occurred, the kinship care agency shall deny the application for, or close the case of, any affected child.

(11) Investigation of good cause claim.

(a) The kinship care agency shall conduct an investigation of any good cause claim based on anticipated physical harm, both when the claim is credible without supporting evidence and when supporting evidence is not available. Good cause shall be found when both the relative caregiver’s statement and the investigation satisfy the kinship care agency that the relative caregiver has good cause.

(b) The kinship care agency may also investigate any good cause claim when the relative caregiver’s statement, together with the corroborative evidence, does not provide a sufficient basis for a determination.

(c) Neither the kinship care agency nor the child support agency shall, in the course of any investigation, contact the parent from whom support would be sought without first notifying the relative caregiver in writing of the intention to do so. The relative caregiver may, within 45-days from the date of the notification, do any of the following:

Present additional supporting or corroborative evidence or information so that contact with the parent is unnecessary.
Exclude an affected child from the application or case.
Withdraw the application or request that the case be closed.
Request a hearing under s. DCF 58.11 (2).

(d) When the 45-day period under par. (c) has expired and no action as specified in par. (c) has occurred, the kinship care agency shall deny the application for, or close the case of, any affected child.

(12) Notice of good cause finding.

(a) Notice to the child support agency. The kinship care agency shall notify the child support agency in writing of the final determination whether good cause is found or is not found and, if found, whether or not the child support agency should proceed to secure child support without participation of the relative caregiver.

(b) When good cause is found. When good cause is found, the kinship care agency shall do one of the following, as appropriate:

Direct the child support agency to suspend all further case activities if it is determined that the child support agency’s action, even without participation of the relative caregiver, can be reasonably anticipated to result in physical or emotional harm to the child or the relative caregiver.

a. Advise the child support agency to proceed without the participation of the relative caregiver if the child support agency’s action can reasonably be anticipated to not result in physical or emotional harm to the child or the relative caregiver.

b. The kinship care agency shall notify the relative caregiver immediately of its intended recommendation to the child support agency under subd. 2. a., but shall delay notice to the child support agency for 45 days from the date on which the kinship care agency gave notice to the relative caregiver to allow the relative caregiver time to exclude any affected child from the application or case, to withdraw the application or request that the case be closed, or to request a hearing.

c. The kinship care agency’s recommendation under subd. 2. a. to the child support agency shall be in writing and shall contain the kinship care agency’s findings and the basis for its determination. A copy of the written recommendation shall be included in the relative caregiver’s case record.

Provide written notice to the relative caregiver.
Wait 45 days before taking further action. If after the 45 days, the relative caregiver still refuses to cooperate and has not excluded the affected child or withdrawn the application or requested that the case be closed, the kinship care agency shall deny the application for any affected child or close the case. If the application is denied or the case is closed for not cooperating in securing child support, the kinship care agency shall inform the relative caregiver, in writing, of the right to a hearing under s. DCF 58.11 (2). If a hearing is requested, the kinship care agency shall direct the child support agency not to proceed with any support enforcement action during the hearing process.

(13) Review of good cause determinations.

(a) Good cause determinations based on permanent circumstances need not be reviewed.

(b) The kinship care agency shall review good cause determinations involving circumstances that are subject to change at each eligibility redetermination under s. DCF 58.10, or upon the receipt of new evidence.

(c) When good cause is determined to no longer exist, the kinship care agency shall rescind its determination and immediately send written notification to the relative caregiver with the right to a hearing under s. DCF 58.11 (2), but may not notify the child support agency for 45 days from the date of the notification to allow the relative caregiver to do one of the following:

Cooperate.
Exclude any affected child from the case.
Request that the case be closed.
Request a hearing under s. DCF 58.11 (2).

(d) When the 45-day period under par. (c) has expired and no action as specified in par. (c) has occurred, the kinship care agency shall do both of the following:

Deny the application for or close the case of any affected child.
Inform the relative caregiver of the right to a hearing under s. DCF 58.11 (2).

History

CR 19-159: cr. Register October 2020 No. 778, eff. 11-1-20; correction in (5) (e) 4. made under s. 35.17, Stats., Register October 2020 No. 778; CR 21-107: am. (1) (a) Register June 2022 No. 798, eff. 7-1-22.

Chapter DCF 59 SHELTER CARE FACILITIES

Wis. Admin. Code § DCF 59.01 Introduction {#sec-dcf-59.01 omnilex-key=us-wi-regs-official--agency-dcf--DCF 59.01}

(1) Purpose. The purpose of this chapter is to protect and promote the health, safety and welfare of children in shelter care facilities.

(2) To whom the rules apply. This chapter applies to all persons making application to the department for a license to provide shelter care.

(3) Responsibility of the department. The department shall evaluate the applicant, issue a license if the applicant is qualified, and supervise the licensee to ensure continued compliance with this chapter.

(4) Exception to rules. The department may make exceptions to any of the rules for licensing shelter care facilities when the department is assured that granting such exceptions is not detrimental to the health, safety and welfare of children in shelter care, except that exceptions may not be made to s. DCF 59.03 (2) (b) or to s. DCF 59.05 (2) or (3).

(5) Compliance with administrative rules and laws.

(a) A person who is licensed under this chapter shall operate the shelter care facility in compliance with this chapter, the provisions of the license, and applicable state, federal, and local law.

(b) A shelter care facility for more than 8 children shall comply with the Wisconsin Commercial Building Code and applicable local ordinances.

(6) Types of facilities.

(a) There shall be 4 types of shelter care facilities:

Hold-over rooms for one or 2 children;
Family shelter care facilities that house from one to 4 children;
Small group shelter care facilities that house 5 to 8 children; and
Large group shelter care facilities that house 9 to 20 children.

(b) Any shelter care facility licensed or approved by the department under rules for licensing child welfare institutions to house more than 20 children at the time this chapter goes into effect may continue to house the number of children for which it has been approved.

(7) Individually licensed. All shelter care facilities shall be individually licensed, even though more than one may be owned or operated by the same person.

(8) Multiple licensing. A facility licensed under s. 48.62 or 48.625, Stats., as a family foster home or group home by a county department of social services or the department may be licensed to concurrently provide shelter care as long as the applicant can show to the satisfaction of the department that the facility is capable of providing both types of care without lowering the level or services for any resident of the facility. Persons operating a facility with multiple licenses shall designate particular beds within the living unit for each type of service provided.

History

Cr. Register, December, 1982, No. 324, eff. 1-1-83; emerg. r. and recr. (6) (a), eff. 12-1-93, r. and recr. (6) (a), Register, September, 1994, No. 465, eff. 10-1-94; correction in (5) made under s. 13.93 (2m) (b) 7., Stats., Register, December, 1999, No. 528; correction in (5) made under s. 13.93 (2m) (b) 7., Stats.; CR 04-040: r. and recr. (5) Register December 2004 No. 588, eff. 1-1-05; correction in (4) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635.

Wis. Admin. Code § DCF 59.02 Definitions {#sec-dcf-59.02 omnilex-key=us-wi-regs-official--agency-dcf--DCF 59.02}

In this chapter:

(1) “Age or developmentally appropriate activities” means activities that are generally accepted as suitable for children of a given chronological age or level of maturity or that are determined to be developmentally appropriate for a child based on the cognitive, emotional, physical, and behavioral capacities that are typical for children of a given age or age group or, in the case of a specific child, activities that are suitable for the child based on the cognitive, emotional, physical, and behavioral capacities of that child.

(1m) “Child” means an individual under 18 years of age, and refers both to a child placed for shelter care and to any other individual under 18 years of age living in the shelter care facility.

(2) “Department” means the Wisconsin department of children and families.

(3) “Executive” means the individual designated by the board of a corporation to be primarily responsible for the administration of all shelter care facilities operated by the corporation.

(4) “Family care staffing” means that at least one shelter care worker, whether an independent operator or an employee of a licensee, has the facility as a primary domicile.

(4c) “Family interaction plan” means a plan developed by a placing agency to promote a child’s interaction with members of the child’s family and includes interaction by face-to-face contact; telephone calls; letters; emails; and attendance at routine activities, such as counseling sessions, medical appointments, school events, and faith-related activities.

(4g) “Hold-over room” means a nonsecure room in a county government facility, the purpose of which is to provide a safe environment for holding a child to facilitate the child’s appearance at a court hearing within 24 hours or over the weekend if the child is placed in the hold-over room on a Friday or on the weekend, or to transport the child to another facility within 24 hours.

(4m) “Hold-over room attendant” means a staff person or volunteer who provides care and supervision of the occupant or occupants of a hold-over room.

(5) “Licensee” means the person who is primarily responsible for the operation of a facility and who is licensed by the department to operate the facility.

(6) “Licensing agency” means the department.

(6g) “Nonsecure” means a child is not held or prevented from leaving against the child’s will.

(6m) “Normalcy” means the ability to easily engage in healthy and age or developmentally appropriate activities that promote well-being, such as participation in social, scholastic, and enrichment activities.

(7) “Person” means any individual, partnership, association, corporation or public agency other than the department.

(8) “Privately-operated shelter care facility” means a facility operated by persons who are not county employees and from whom a county board of supervisors purchases services pursuant to s. 938.22 (5), Stats.

(9) “Publicly-operated shelter facility” means a facility operated by a county board of supervisors pursuant to s. 938.22 (1), Stats.

(9g) “Reasonable and prudent parent standard” means a standard for use in making decisions regarding a child’s participation in age or developmentally appropriate extracurricular, enrichment, cultural, and social activities that is characterized by careful and sensible parental decisions that maintain the health, safety, best interests, and cultural, religious, and tribal values of the child while at the same time encouraging the emotional and developmental growth of the child.

(10) “Relief help” means an individual who is used to replace shelter care workers on an unscheduled basis and for a few hours or few days at a time. An individual regularly scheduled to replace shelter care workers on days off or for vacations and other prolonged periods is not relief help but an additional shelter care worker.

(10m) “RPPS decision maker” means an individual who has successfully completed training on the application of the reasonable and prudent parent standard and makes reasonable and prudent parenting decisions under s. DCF 59.055.

(11) “Shelter care” means short-term, nonsecure residential care and physical custody of children pending court action. “Short-term”means a maximum of 30 days for each episode, with extension for up to another 30 days as provided in s. DCF 59.05 (3) (b), except that for a hold-over room “short-term” means not longer than 24 hours or, if the placement is made on a Friday or on the weekend, not longer than over the weekend until the following Monday.

(12) “Shelter care worker” means an individual who provides primary care and supervision of children in a shelter care facility on a regular schedule, either on a full-time or part-time basis, but not a hold-over room attendant.

(13) “Shift staffing” means that all shelter care workers employed by the licensee provide care on a rotating or shift basis in the shelter care facility.

(14) “Superintendent” means an individual designated pursuant to s. 938.22 (3), Stats., by the juvenile court judge or, when 2 or more counties cooperate to provide shelter care, by a committee of juvenile court judges, to supervise the provision of shelter care within a county.

(15) “Unit supervisor” means the individual in a shelter care facility who is primarily responsible for supervising the day-to-day activities of that facility.

(16) “Volunteer” means any individual providing services to the shelter care facility who receives no monetary reimbursement for services. Payment for out-of-pocket expenses is not considered reimbursement for services.

History

Cr. Register, December, 1982, No. 324, eff. 1-1-83; emerg. cr. (4g), (4m), (6g), emerg. am. (11), (12), eff. 12-1-93, cr. (4g), (4m), (6g), am. (11), (12), Register, September, 1994, No. 465, eff. 10-1-94; correction in (11) made under s. 13.93 (2m) (b) 7., Stats., Register, September, 1994, No. 465; corrections in (8), (9) and (14) made under s. 13.93 (2m) (b) 7., Stats., Register, December, 1999, No. 528; correction in (8) made under s. 13.93 (2m) (b) 7., Stats., Register December 2004 No. 588; corrections in (2) and (11) made under s. 13.92 (4) (b) 6. and 7., Stats., Register November 2008 No. 635; EmR1633: emerg. renum. (1) to (1m), cr. (1), (4c), (9g), (10m), eff. 11-18-16; CR 16-051: renum. (1) to (1m), cr. (1), (4c), (9g), (10m) Register July 2017 No. 739, eff. 8-1-17; CR 21-107: am. (6g), (6m) Register June 2022 No. 798, eff. 7-1-22.

Wis. Admin. Code § DCF 59.03 Administration and management {#sec-dcf-59.03 omnilex-key=us-wi-regs-official--agency-dcf--DCF 59.03}

(1) Publicly operated facilities.

(a) Application.

a. A county wanting to operate a public shelter care facility, including a hold-over room, shall apply to the department for a license on forms provided by the department. The application shall be signed by the chairperson of the county board of supervisors and the presiding juvenile court judge. A hold-over room license applicant shall be a county department under s. 46.15, 46.22 or 46.23, Stats., or a county sheriff’s department, as designated by the chairperson of the county board and the judge of the juvenile court.

Note: An application for a license may be obtained by writing or telephoning any field office listed in Appendix A.

b. Except in the case of a hold-over room, 2 or more counties may cooperate to provide shelter care. A joint application shall be signed by the chairperson of the county boards of supervisors and the presiding juvenile court judges for all of the cooperating counties.

a. A county may apply to operate more than one family, small group or large group shelter care facility, but a separate application shall be submitted for each facility and each facility shall be licensed separately.

b. A county may apply to operate one or more hold-over rooms in the county under one license.

If the applicant meets the requirements contained in these rules, a license shall be issued which specifies the location of the shelter care facility, the sex, age and number of children it may receive, and the expiration date and any other conditions placed on the facility.
Application for license renewal shall be submitted by the licensee at least 60 days prior to the expiration of the current license and 30 days prior to any change in the location of the facility.
A licensee shall provide with the first application and renewal any information specified by the department to demonstrate that the facility meets the requirements of these rules.
The application should also include the name and address of the superintendent of the shelter care for the county(s) served, and the name and address of the unit supervisor of the facility.

(b) Insurance.

Persons making application for a license to operate a public shelter care facility shall provide the department with information indicating the manner in which the facility will insure its liability risks and protect its assets.
The licensee will be responsible for obtaining protection for any liability which may result when children are being transported by the licensee or its agents.

(c) Financial records. The publicly operated shelter care facility shall upon request provide the department with financial records or statements relating to the financial operation of the facility.

(2) Privately operated shelter care facilities.

(a) Application.

Persons applying for a license to operate a private shelter care facility shall do so on forms provided by the department. The application shall be signed by the individual or authorized representative of the corporation making application and counter-signed by the juvenile court judges of the county(s) in which the person intends to operate the facility.

Note: An application for a license may be obtained from the department’s website at https:/dcf.wisconsin.gov or by writing or telephoning any field office listed in Appendix A.

Corporations may apply to operate one or more family, small group or large group shelter care facilities, but each facility shall be licensed separately.
Individuals may apply to operate only one family or small group shelter care facility.
If the applicant meets the requirements contained in the rules, a license shall be issued which specifies the location of the shelter care facility, the sex, age and number of children it may receive, the expiration date and any other conditions placed on the facility.
A new application for license renewal shall be submitted by the licensee at least 60 days prior to expiration of the current license or 30 days prior to any change in the name of the licensee or location of the facility.
The following materials shall accompany the first application for a license.

a. Copies of the articles of incorporation, constitution and by-laws of a corporation applying for licensure.

b. Information as specified by the department to demonstrate that the facility meets the requirements of these rules.

c. The applicant shall provide evidence of the availability of funds to carry the shelter care facility through the first 6 months of operation. Such evidence is not limited to actual cash or credit but may be evidence of the intent of the juvenile court to use the shelter care facility to the extent that a minimum necessary population will be maintained.

The name, addresses and titles of the board members and the name of the executive of a corporation applying for a license, and the name and address of the superintendent(s) of shelter care for the county(s) served, and of the unit supervisor for the facility.

(b) Written agreement. Any person applying for a license to operate a private shelter care facility shall present with the application a written agreement between the person making application and the chairperson(s) of the county board(s) and the judge(s) of the juvenile court(s) of the county(s) in which service will be provided. The agreement must provide, in addition to any other condition established by the parties that:

The person operating the facility(s) will only accept into care those children referred by the juvenile court(s) of the county(s) served, or whose placement is approved by the court(s).
The person operating the facility(s) will act under the jurisdiction and supervision of the juvenile court(s) of the county(s) served, and will abide by any policies established by the court(s) which are not in conflict with these rules.
In addition, the agreement shall specify the financial and other responsibilities of each party.

All licensees shall carry sufficient forms and amounts of available insurance to insure the liability risks of the facility in the provision of services and to give reasonable protection to its assets.
All licensees shall be responsible for providing liability insurance for all situations in which children are transported by the licensee or its agents.

(d) Corporation operated shelter facilities.

Incorporation.

a. Any body of persons wishing to operate a corporation operated shelter care facility or series of shelter care facilities shall be incorporated in accordance with the laws of the state of Wisconsin.

b. Any corporation which is incorporated outside of Wisconsin shall secure authorization from the secretary of state to do business in Wisconsin.

Board of directors.

a. Each corporation shall be governed by a board of directors which is responsible for the operation of the corporation according to its defined purpose.

b. No member of this board shall be an employee of the corporation or the spouse of an employee, unless the corporation is a non-profit, non-stock corporation incorporated in Wisconsin for the sole purpose of operating one shelter care facility.

The board shall:

a. Establish written procedures for operation of the facility under the direction of the juvenile court judge and the superintendent of shelter care of the county in which the facility is located, or the committee of judges when 2 or more counties cooperated to provide shelter care.

b. Exercise trusteeship for property, investments, and protection from liability.

c. Approve the budget and be responsible for obtaining and disbursing funds.

d. Designate an executive and delegate to the executive responsibility for the administration of all shelter care facilities operated by the corporation.

e. Establish a plan for maintaining a continuing relationship with the community in which the facility is located for the purpose of promoting a better understanding and acceptance of the shelter care facility.

f. The board shall contain 2 seats for persons 17 years of age or younger who may vote on all issues relating to the care of children in shelter care.

Financial arrangements.

a. The board with the executive shall be responsible for the secure and judicious use of funds for shelter care. Policies and practices shall be in accord with sound budgeting, disbursement and audit control procedures.

b. Each corporation shall have a sound written plan of financing to assure sufficient funds to enable it to carry out its defined purposes and to provide proper care.

c. The corporation shall maintain a system of business management and staffing to assure maintenance of complete and accurate accounts, books and records.

d. Upon request, the corporation shall provide the department with a confidential balance sheet and financial records or financial statements.

Operation of multiple facilities.

a. Corporations which apply for licenses to operate more than one facility shall provide in addition to the information required for licensing individual facilities, any information specified by the department which demonstrates the ability of the corporation to operate multiple facilities.

b. The department may deny licensure for one or more facilities operated by a corporation or may sanction any one or more facilities, or, for cause, may sanction or deny licensure to the corporation as a whole.

(e) Individually operated facilities. An individual or individuals applying for a license to operate a private shelter care facility shall include with their application a proposed budget for the facility, indicating expected sources of income and projects costs.

(3) Responsibility to superintendent of shelter care.

(a) Each county operating a hold-over room or other shelter care facility shall appoint a superintendent of shelter care. The superintendent of shelter care may be at the same time the unit supervisor of a hold-over room or other public shelter care facility.

(b) The unit supervisor of any private or public shelter care facility and the executive of any corporation operated shelter care facility shall be responsible to the superintendent of shelter care for implementing the policies established by the juvenile court judge pursuant to s. 938.22 (1) (b) and (3) (a), Stats.

Note: For copies of any forms required under this chapter, including license application forms, F-82064, CFS-0384 and JI-03, contact a regional licensing representative of the Department’s Division of Safety and Permanence, or write Bureau of Permanence and Out-of-Home Care, P.O. Box 8916, Madison, WI 53708-8916.

History

Cr. Register, June, 1978, No. 270, eff. 7-1-78; renum. from PW-CY 45.02 and am. (3) (b), Register, December, 1982, No. 324, eff. 1-1-83; emerg. r. and recr. (1) (a) 1., 2., (3) (a), eff. 12-1-93, r. and recr. (1) (a) 1., 2., (3) (a), Register, September, 1994, No. 465, eff. 10-1-94; correction in (3) (b) made under s. 13.93 (2m) (b) 7., Stats., Register, December, 1999, No. 528.

Wis. Admin. Code § DCF 59.04 Personnel {#sec-dcf-59.04 omnilex-key=us-wi-regs-official--agency-dcf--DCF 59.04}

(1) Qualifications of shelter care workers, hold-over room attendants and relief help.

(a) Personal qualifications. Shelter care workers, relief help, volunteers and hold-over room attendants shall be responsible, mature individuals of reputable character who exercise sound judgment and display the capacity to provide good care for children.

(b) Health.

Every shelter care worker, relief help, volunteer and hold-over room attendant and any person who may be residing in a shelter care facility shall be in good physical and mental health so that the health of the children or the quality and manner of their care will not be adversely affected.
If there is reason to believe that the physical or mental health of any shelter care worker, relief help, volunteer or hold-over room attendant or any person who may be residing in a shelter care facility might endanger children in care, the department may require an alcohol and other drug abuse assessment or a physical health or mental health evaluation of the person by a physician or other health care professional as a condition for continued employment or service or residence in the facility. The physician or other health care professional who performs the assessment or evaluation shall submit a written statement to the department that describes the condition of the person and possible effects of that condition on children in care.
Before beginning employment or service in a shelter care facility, a person shall receive a health examination covering the areas included in department form CFS 384. This requirement does not apply to a person who will work as a volunteer in contact with children for not more than 10 hours a week or as a hold-over room attendant. A person who will work as a volunteer in contact with children for not more than 10 hours a week or as a hold-over room attendant shall have received a tuberculin skin test without positive findings within 90 days before beginning employment or service.

Shelter care workers shall either:

a. Have had one or more years of experience as foster parents, institutional houseparents, or other relevant child care experience, or

b. Have successfully completed not less than 24 hours of relevant training in accordance with plan formulated by the applicant or licensee and approved by the department, or

c. Agree to complete such training as specified in preceding subd. 1. b. within a period not to exceed one year from the time of initial licensure or employment.

Shelter care workers shall participate in ongoing in-service training of at least 15 hours a year in accordance with a plan formulated by the licensee and approved by the department.
Before a hold-over room attendant may provide care for a resident, the attendant shall complete at least 12 hours of training approved by the department on managing a hold-over room and providing care for residents, to include at least the following:

a. Suicide prevention.

b. Adolescent development.

c. Adolescent behavior.

d. Child abuse and neglect reporting laws.

e. Effects of alcohol and drug abuse.

f. Policies and procedures for operating the hold-over room.

g. Crisis intervention techniques.

(d) First aid training.

Each shelter care worker and hold-over room attendant shall have successfully completed a course in first aid, including cardiopulmonary resuscitation (CPR), acceptable to the department, unless the shelter care worker or hold-over room attendant has access to a person on the premises who is readily available and has completed a course in first aid, including cardiopulmonary resuscitation (CPR).
Each shelter care worker, hold-over room attendant, or trained person on the premises under subd. 1. shall successfully complete a first aid course acceptable to the department at least once in each consecutive 3-year period.

(2) Volunteers.

(a) If volunteers are used, the licensee shall assign an appropriate staff member to:

Develop a plan for screening and orientation and use of volunteers and
Supervise and evaluate volunteers.

(b) Volunteers, except those working as hold-over room attendants, who are in regular contact with children in shelter care more than 10 hours per week shall meet all health requirements for shelter care workers.

(3) Unit supervisors.

(a) In family and small group shelter care facilities the unit supervisor shall meet the requirements for shelter care workers under sub. (1). For hold-over rooms, the unit supervisor shall meet the requirements for hold-over room attendants under sub. (1).

(b) In large group shelter care facilities, the unit supervisor shall meet the requirements for shelter care workers, and in addition shall:

Have at least 3 years experience as a foster parent, institutional houseparent, or other relevant child care experience.
Have at least 2 years experience in an administrative or supervisory capacity.
During the first year as unit supervisor demonstrate the ability to satisfactorily manage the facility.

(3m) RPPS decision makers. A shelter care facility shall ensure that an individual specified in s. DCF 59.055 (2) (b) successfully completes training on the application of the reasonable and prudent parent standard prior to making a reasonable and prudent parenting decision.

(4) Other personnel. In addition to shelter care workers, relief help, and volunteers, unit supervisors may employ other staff such as cooks, janitors, launderers, housekeepers, etc. as needed, to carry out daily housekeeping functions.

(5) Staffing patterns.

(a) Family care staffing and shift staffing.

The licensee shall not schedule relief help or volunteers to serve the purpose of replacing shelter care workers as the usual and primary providers of care and supervision of the children in the shelter care facility. In small and large group shelter care facilities, at the request of the department, the licensees shall make available scheduling and time records of all shelter care workers, relief help and volunteers.
There shall be at least 2 shelter care workers for each shelter care facility and one hold-over room attendant for each hold-over room in use. The hold-over room attendant shall be of the same sex as the occupant of the hold-over room.
There shall be a written and workable plan for contacting another shelter care worker, relief help individual, hold-over room attendant or other responsible adult when an emergency occurs at a time when only one shelter care worker, relief help individual or hold-over room attendant is in the facility.

(b) Family care staffing only.

One of the shelter care workers shall not have responsibilities unrelated to the shelter care facility program in excess of 10 hours per week. The second shelter care worker may have responsibilities away from the shelter care facility for more than 10 hours per week, but shall be otherwise available and make constructive contributions to the facility program.
The number of children shelter care workers may receive for care plus the number of shelter care workers’ own children who live in the household shall not exceed a combined total of 10.

(5m) Personnel policies. The licensee shall provide written personnel polices and procedures and any updates to them to persons employed as shelter care workers who work more than 10 hours per week. The personnel policies and procedures shall cover salary provisions, fringe benefits such as vacation time, sick leave, overtime, leaves of absence, retirement plan, if any, and insurance coverage, probationary period, if any, staffing schedule, job description defining specific duties, evaluation standards, chain of command, grievance procedures and termination procedures.

(6) Personnel files.

(a) Shelter care workers. A licensee shall maintain a personnel file on each shelter care worker, except relief help employed 10 or less hours per week, that includes the following:

Name and address.
Date of birth.
A statement of the employee’s qualifications, including education, training and experience.
A report on references and the background check information specified in par. (c).
Job description.
Duties, terms of employment and immediate supervisor.
Health record.
Training records.
Annual and termination evaluations.

(b) Relief help, volunteers and hold-over room attendants. A licensee shall maintain a record on each relief help employed 10 or less hours a week, each volunteer and each hold-over room attendant. The record shall be made available to the department upon request. The record shall include for each relief help, volunteer and hold-over room attendant:

Name and address.
Date of birth.
Health record, if required under sub. (1) (b) 2.
Dates and hours employed or volunteered.
Job description
Training records.
A report on references and the background check information specified in par. (c).

(bm) RPPS decision makers. A licensee shall maintain a record of each RPPS decision maker’s completion of the training required under sub. (3m).

The report on references under pars. (a) 4. and (b) 7. shall include:

a. Character references from at least 2 persons and references from previous employers.

b. Documentation of references either by letter or verification in the record of verbal contact, giving dates, individual making contact, individuals contacted and the content.

A completed and current background information disclosure on a form prescribed by the department.
A state criminal records check on each applicant before allowing that person to work at the shelter care facility. If the person lived in another state, a criminal records check shall be requested from that state.

Note: DCF-F-2978-E, Background Information Disclosure, is available in the forms section of the department’s website at http://dcf.wisconsin.gov or by writing or calling any field office listed in Appendix A.

(d) Availability of file. Any personnel file shall be made available upon request to the department and the employee or volunteer on whom the file is maintained.

(7) Discrimination. The shelter care facility shall be in compliance with ss. 111.31 through 111.37, Stats., Title VI of the Civil Rights Act of 1964 as amended by the Equal Employment Opportunity Act of 1972.

History

Cr. Register, June, 1978, No. 270, eff. 7-1-78; renum. from PW-CY 45.03, Register, December, 1982, No. 324, eff. 1-1-83.; am. (1)(b) 3., Register, June, 1983, No. 330, eff. 7-1-83; emerg. r. and recr. (1) (a), (b), (d) 1., (6), emerg. cr. (1) (c) 3., emerg. am. (1) (d) 2., (2) (b), (3) (a), (5) (a) 2., 3., eff. 12-1-93, r. and recr. (1) (a), (b), (d) 1., (6), cr. (1) (c) 3., (5m), am. (1) (d) 2., (2) (b), (3) (a), (5) (a) 2., 3., Register, September, 1994, No. 465, eff. 10-1-94; correction in (6) (c) 2. made under s. 13.92 (4) (b) 6., Stats., Register November 2008 No. 635; EmR1633: emerg. cr. (3m), (6) (bm), eff. 11-18-16; CR 16-051: cr. (3m), (6) (bm) Register July 2017 No. 739, eff. 8-1-17; CR 21-107: am. (1) (d) 2., r. and recr. (6) (a) 4., (b) 7., (c) 2. Register June 2022 No. 798, eff. 7-1-22.

Wis. Admin. Code § DCF 59.05 Child care {#sec-dcf-59.05 omnilex-key=us-wi-regs-official--agency-dcf--DCF 59.05}

(1) Applicability. This section applies to all shelter care facilities except that only the provisions of subs. (1m), (3) (a), (4) (a) to (d), (5), (6), (9), (10) (a) and (11) to (14) apply to hold-over rooms.

(1m) Admission to shelter care. A child may not be received into shelter care, including into a hold-over room, unless the child has been found eligible for placement by the juvenile court judge or a court intake worker designated by the judge.

(2) Age of children in shelter care. No child under 10 may be kept in a shelter care facility unless written approval is given by the department within 48 hours after admission excluding weekends and holidays. Children under age 10 shall not be kept in shelter care for more than 7 days per episode.

(3) Time limits.

(a) A hold-over room may not hold a child for more than 24 hours, except that a hold-over room may hold a child placed in the hold-over room on a Friday afternoon or evening or over the weekend until the court hearing the following Monday provided that the hold-over room immediately notifies the appropriate division of community services licensing office by telephone or fax of the placement and supplies the following information related to the placement:

Date and time of child’s admission to the hold-over room and date and time of next scheduled court hearing.
Name and age of child and reason why the child was taken into custody.
Explanation of why a weekend stay in the hold-over room is necessary which may be because of the unavailability of a shelter care facility in a bordering county or inability to return the child to the parental home or other reason.
Names of staff and their work schedules covering the weekend along with indoor and outdoor activities planned for the child during the child’s weekend stay.

(b) A shelter care facility may not keep a child in residence for more than 30 days per episode except:

An extension for an additional 15 days may be made upon written approval of the superintendent of shelter care for the county in which the facility is located; and
A second extension of 15 more days may be made upon written approval from the department.
The request for each extension must be made prior to the expiration of the prior approved time, and should include an explanation for the need of extended care.

(4) Supervision of children in shelter care.

(a) This subsection applies to all shelter care facilities except that only pars. (b), (c) and (d) apply to hold-over rooms.

(b) The unit supervisor of each facility shall prepare a written plan for staff care coverage, taking into account the needs of the children to be admitted into shelter care, and demonstrating the methods by which adequate supervision will be insured.

(d) The care of children in shelter care shall not be combined with any other service or business conducted in the facility without the written approval of the department.

(e) When no children are in residence for shelter care, a shelter care worker must be on call and available to come immediately to the facility when a child is admitted into care. A facility shall be able to receive children into care 24 hours a day, 7 days a week.

(f) The ratio of child care staff to children in care shall be dependent on number and the needs of the children, but there shall be at least 2 child care staff members or persons properly substituting for them on duty in the facility at any time when there are 9 or more children present during waking hours, and 3 staff members present when 17 or more children are present during waking hours.

(g) During sleeping hours there shall always be one staff person within hearing or call of all children in care. When 9 or more children in care are present, 2 staff members must be on duty and make hourly observations of the areas in which children are sleeping.

(h) When children of both sexes are present in large group shelter care facilities, there shall be both male and female staff members on duty in the facility.

(5) Discipline.

(a) Discipline shall be for the purpose of helping the child and shall be handled with kindness and understanding.

(b) No child in care shall be subjected to corporal, unusual, or severe punishment, or to punishment by deprivation of meals.

(d) Written facility rules shall be approved by the superintendent of shelter care. These shall be explained to children when they are admitted to the facility, and available to them during their stay.

(e) Physical holding shall be used only to protect the child from injury to self or others. Mechanical restraints shall not be used.

(f) Punishment shall be related to the child’s misconduct. The other children in shelter care shall not be punished for the misconduct of an individual child.

(g) No child shall be locked within the facility as a whole or any part of it.

(h) Medicine shall not be used as a means of maintaining discipline.

(6) Clothing. Each facility shall ensure that children in care are adequately clothed during their stay. Children in shelter care may retain their own clothes.

(7) Education. The licensee shall make every reasonable effort to ensure that children in care regularly attend a school program unless otherwise excused by school officials.

(8) Work performed by children.

(a) Children in care shall have opportunities to assume responsibility for household duties or chores appropriate to their age, health and ability.

(b) No licensee shall use the labor of children in care as a substitute to the employment of a sufficient number of competent employees to operate and maintain the shelter facility.

(9) Religion. Shelter care workers and hold-over room attendants shall make every reasonable effort to make opportunities available to each child in shelter care who wishes it for attendance at religious services compatible with the child’s religious heritage or preference.

(10) Nutrition.

(a) Food shall be provided to children in sufficient quantities and varieties, and shall provide for essential nutritional and dietary needs.

(b) In planning menus, consideration shall be given, whenever possible, to the religious practices and the cultural patterns of the children in shelter care.

(c) In small and large group shelter care facilities, daily menus shall be kept on file and available to the department for at least 30 days thereafter.

(d) Supplementary food or modified diets as ordered by a physician shall be provided for those children who have special needs.

(11) Recreation and leisure time activities. The licensee shall provide recreational opportunities based on the age, abilities and interests of the children.

(12) Visiting. Shelter care workers and hold-over room attendants shall encourage the maintenance of a relationship between children and their parents or relatives or other significant persons. For a shelter care facility except a hold-over room this shall be in accordance with a plan established by the unit supervisor and the child’s legal custodian. Visitation with parents shall not be restricted as a form of discipline.

(13) Medical care.

(a) Each shelter care facility shall establish written procedures to be used to provide regular and emergency medical care to children in residence, including the name of a physician who is available to treat the children and the names and locations of nearby emergency medical services.

(b) Upon admitting a child into shelter care, the staff shall obtain from the child, law enforcement personnel, and if possible, the child’s parents, information regarding the child’s medical needs, including any chronic ailments, allergies or the need for a special diet.

(c) The licensee shall be responsible for providing or securing necessary medical treatment and dental care while the child is in care in the shelter care facility.

(14) Transportation. The licensee shall make every reasonable effort to provide safe transportation of children in shelter care.

(15) Resident rights. The licensee shall be knowledgeable of and ensure that staff members and volunteers observe the patient rights and grievance resolution procedures in s. 51.61, Stats., and ch. DHS 94, for each resident that receives services for treatment of mental illness, a developmental disability, alcoholism or drug dependency. Residents that are not specifically identified as coming under s. 51.61, Stats., and ch. DHS 94 shall have rights and access to grievance resolution procedures that are comparable to those found in s. 51.61, Stats., and ch. DHS 94.

History

Cr. Register, June, 1978, No. 270, eff. 7-1-78; renum. from PW-CY 45.04, Register, December, 1982, No. 324, eff. 1-1-83; emerg. renum. (1), (3) and (4) (a) to (g) to be (1m), (3) (b) and (4) (b) to (h) and am. (3) (b) (intro.), emerg, cr. (1), (3) (a), (4) (a), eff. 12-1-93, renum. (1), (3) and (4) (a) to (g) to be (1m), (3) (b) and (4) (b) to (h) and am. (3) (b) (intro.), cr. (1), (3) (a), (4) (a), am. (9), (12), Register, September, 1994, No. 465, eff. 10-1-94; CR 04-040: cr. (15) Register December 2004 No. 588, eff. 1-1-05; correction in (15) made under s. 13.92 (4) (b) 7., Stats, Register November 2008 No. 635; CR 21-107: am. (3) (a) 4. Register June 2022 No. 798, eff. 7-1-22.

Wis. Admin. Code § DCF 59.055 Promoting normalcy {#sec-dcf-59.055 omnilex-key=us-wi-regs-official--agency-dcf--DCF 59.055}

(1) Similar to peers. A shelter care facility shall promote normalcy and the healthy development of a child placed in the shelter care facility by supporting the child’s right to participate in extracurricular, enrichment, cultural, and social activities and have experiences that are similar to those of the child’s peers of the same age, maturity, or development.

(2) RPPS decision maker.

(a) A shelter care facility shall ensure the presence on-site of at least one RPPS decision maker at all times to make decisions regarding the participation of a child placed in the shelter care facility in age or developmentally appropriate extracurricular, enrichment, cultural, and social activities.

(b) An RPPS decision maker may be the licensee, authorized representative of the licensee, unit supervisor, or shelter care worker.

(c) An RPPS decision maker shall have knowledge of a child and access to the child’s records in s. DCF 59.07 (1) (a) related to the decision-making factors in sub. (4).

(d) An RPPS decision maker shall document in the communication log under s. DCF 59.057 all requests and decisions made under this section for activities that do not take place in the shelter care facility and are not supervised by a shelter care worker, relief help, volunteer, or unit supervisor.

(e) An RPPS decision maker shall document on a form prescribed by the department any decision made under this section that requires written permission from the shelter care facility in lieu of the child’s parent or guardian. The completed form shall be placed in the child’s record under s. DCF 59.07.

(3) Reasonable and prudent parent standard. When an RPPS decision maker is making a decision regarding participation in activities by a child placed in the shelter care facility, the RPPS decision maker shall use a decision-making standard that is characterized by careful and sensible parental decisions that maintain the health, safety, best interests, and cultural, religious, and tribal values of the child while at the same time encouraging the emotional and developmental growth of the child, if the activities meet the conditions in par. (a) and (b) as follows:

(a) Areas covered by the standard. The child is participating or wants to participate in extracurricular, enrichment, cultural, or social activities, including all of the following:

Activities related to transportation, such as obtaining a driver’s license, driving, or carpooling with peers and other adults.
Formal or informal employment and related activities, such as opening an account in a bank or credit union.
Activities related to peer relationships, such as visiting with friends, staying overnight at a friend’s house, or dating.
Activities related to personal expression, such as haircuts; hair dying; clothing choices; or sources of entertainment, including games and music.

(b) Age or developmentally appropriate activities. The child is participating or wants to participate in activities that are suitable based on any of the following criteria:

Activities that are generally accepted as suitable for children of the same chronological age or level of maturity or that are determined to be developmentally appropriate for a child based on the cognitive, emotional, physical, and behavioral capacities that are typical for children of the same age or age group.
Activities that are suitable based on this child’s cognitive, emotional, physical, and behavioral capacities.

Note: The reasonable and prudent parent standard does not apply to a child receiving respite care services.

(4) Decision-making factors. When applying the reasonable and prudent parent standard to a decision regarding the participation by a child placed in the shelter care facility in an extracurricular, enrichment, cultural, or social activity, an RPPS decision maker shall consider all of the following:

(a) Child-specific factors, including all of the following:

The child’s wishes, as gathered by engaging the child in an age-appropriate discussion about participation in the activity.
The age, maturity, and development of the child.
Whether participating in the activity is in the best interest of the child.
The child’s behavioral history.
Court orders and other legal considerations affecting the child, including the prohibitions in sub. (5).
Cultural, religious, and tribal values of the child and the child’s family. If the child and child’s family have different cultural, religious, or tribal values, then the placing agency, or the department if the department is the child’s guardian, is ultimately responsible for decisions concerning the child’s care.

(b) Activity-specific factors, including all of the following:

Potential risk factors of the situation, including whether the child has the necessary training and safety equipment to safely participate in the activity under consideration.
How the activity will help the child grow.
Whether participating in the activity will provide experiences that are similar to the experiences of other children of the same age, maturity, or development in the shelter care facility.
Other information regarding the parent’s wishes and values.

(d) Information on the forms required under ch. DCF 37.

(5) Prohibitions. An RPPS decision maker may not do any of the following:

(a) Permit a child to participate in an activity that would violate a court order or any federal or state statute, rule, or regulation.

(b) Make a decision that conflicts with the child’s permanency plan or family interaction plan.

(d) Authorize the child’s enlistment in the U.S. armed forces.

(e) Authorize medical, psychiatric, or surgical treatment for the child beyond the terms of the consent for medical services authorized by the child’s parent or guardian.

(f) Represent the child in legal actions or make other decisions of substantial legal significance.

(g) Determine which school the child attends or make decisions concerning the child regarding an educational right or requirement that is provided in federal or state law.

Note: For example, only a parent or guardian can make decisions about a child’s individualized educational program under s. 115.787, Stats.

(h) Require or prohibit a child’s participation in an age or developmentally appropriate activity solely for convenience or personal reasons not applicable to the decision-making factors in sub. (4).

(6) Policies and procedures. The shelter care facility shall have policies and procedures on how the facility complies with the requirements of the reasonable and prudent parent standard, including all of the following:

(a) How the communication log under s. DCF 59.057 will be used to inform different shifts of shelter care workers and RPPS decision makers of reasonable and prudent parenting requests and decisions made for a child under this section for activities that do not take place in the shelter care facility and are not supervised by a shelter care worker, relief help, volunteer, or unit supervisor.

(b) How information on a child on the forms under s. DCF 59.07 (1) (a) will be used to make reasonable and prudent parenting decisions for a child under this section.

(d) A process for annually reviewing the parameters and requirements of the reasonable and prudent parent standard, in conjunction with facility’s corresponding policies and procedures.

Note: DCF-F-5123-E, Reasonable and Prudent Parent Standard Review, is an optional form that a shelter care facility may use to assist with the annual review. The form is available in the forms section of the department website at http://dcf.wisconsin.gov or by writing the Division of Safety and Permanence, P.O. Box 8916, Madison, WI 53708-8916.

History

EmR1633: emerg. cr., eff. 11-18-16; CR 16-051: cr. Register July 2017 No. 739, eff. 8-1-17.

Wis. Admin. Code § DCF 59.057 Communication log {#sec-dcf-59.057 omnilex-key=us-wi-regs-official--agency-dcf--DCF 59.057}

(1) A shelter care facility shall require each shift of shelter care workers and RPPS decision makers to use a communication log to document and communicate with other shelter care workers and RPPS decision makers about children whom they supervise in common. The communication log shall include all of the following for each shift:

(a) Each child’s location and behavior.

(b) Significant incidents involving a child.

(c) Reasonable and prudent parenting all requests and decisions made for children under s. DCF 59.055 for activities that do not take place in the shelter care facility and are not supervised by a shelter care worker, relief help, volunteer, or unit supervisor.

(d) Staff arrival and departure times.

(2) A shelter care facility may designate units within the facility and require shelter care workers and RPPS decision makers to use a separate communication log in each unit.

(3) A shelter care facility shall have policies and procedures that ensure clear communication between shelter care workers and RPPS decision makers on one shift and shelter care workers and RPPS decision makers who supervise the same children on the next shift. The policies and procedures shall specify the types of significant incidents that are required to be documented in the communication log under sub. (1) (b).

History

EmR1633: emerg. cr., eff. 11-18-16; CR 16-051: cr. Register July 2017 No. 739, eff. 8-1-17.

Wis. Admin. Code § DCF 59.06 Physical plant and environment {#sec-dcf-59.06 omnilex-key=us-wi-regs-official--agency-dcf--DCF 59.06}

(1) Applicability. This section applies to all shelter care facilities except that only subs. (2), (4) (c), (5) (b) to (g), (j) and (k), (7) (c), (8) (d), (10) (g), (13) to (18), (19) (a), (20) and (21) (d) apply to hold-over rooms.

(2) Building site location. In the judgment of the department, the location of the facility shall be related to the program offered and age, sex, needs and interest levels of the residents. Factors to be considered in determining the acceptability of the location shall include: access to educational, recreational, religious, shopping, and cultural opportunities; health resources; access to public or private utilities and services such as safe water supply, sewage disposal, fire and police protection.

(3) General building requirements. The shelter care facility and grounds shall be maintained in a clean, safe and sanitary condition and a good state of repair.

(4) Space requirements.

(a) There shall be at least 200 square feet of living space for each resident of the facility. “Living space” excludes unfinished basements, attics, garages, or similar areas not usually occupied by residents in daily living.

(b) There shall be at least 55 square feet of floor space in a bedroom designed for only one child, 50 square feet of floor space for each child in a bedroom occupied by 2 children and 45 square feet of floor space for each child in a bedroom occupied by 3 or 4 children.

(c) A hold-over room licensed for the first time on or after January 1, 1994 shall have at least 60 square feet of living space for one occupant and at least 100 square feet of living space for 2 occupants.

(5) Bedrooms.

(a) Regular sleeping provisions for children shall not be in any building, apartment, or other structure which is separate from the shelter care facility.

(b) Children shall not be permitted to sleep in an unfinished attic, in an unfinished basement, or in a hall or any other room which is normally used for other than sleeping purposes.

(c) Children with handicaps limiting mobility shall not be permitted to sleep in finished basement rooms or in bedrooms above the second floor.

Note: “Handicaps limiting mobility” means any mental, developmental, or physical disability which restricts the child’s mobility or ability to function without supervision.

(d) Children shall not be permitted to sleep in finished basement rooms unless provisions have been made for heating, ventilation and humidity control and there are 2 means of exit from the basement, at least one of which will open to the outside.

(e) Children shall not be permitted to sleep in bedrooms above the second floor of a one or 2 family dwelling unless provisions have been made for heating and ventilation and there are at least 2 means of exit to grade level.

(f) No child in shelter care shall be required to sleep in a bed with an adult.

(g) No child in shelter care shall be permitted to share a bedroom with a child of the opposite sex.

(h) No more than 4 children shall occupy any bedroom.

(i) Children of the shelter care workers shall not be displaced and permitted to occupy sleeping quarters not acceptable for shelter care children except as indicated in other sections of these rules.

(j) No child in shelter care shall be required to share a bedroom with a shelter care worker or a hold-over room attendant.

(k) During sleeping hours a shelter care worker or relief help or, for a hold-over room, a hold-over room attendant, shall be within call of the child or children.

(6) Areas.

(a) There shall be a quiet area in the home suitable for study, or simply being alone.

(b) Space shall be provided where children may receive and talk with visitors privately.

(7) Dining area.

(a) In family and small group shelter facilities, dining facilities shall be such as to permit all members of the household to sit down to meals together.

(b) In large group shelter facilities dining facilities shall be provided with sufficient space and equipment to serve all the residents.

(c) The unit supervisor of a hold-over room shall arrange for nutritious meals for the occupant or occupants held in a hold-over room over a meal period or when the occupant or occupants have not had the most recent meal, and shall provide the occupant or occupants a snack between lunch and supper and at night before the occupant or occupants go to sleep.

(8) Bathroom.

(a) The facility shall contain one complete bathroom including stool, washbowl, and tub or shower, for each 8 individuals residing there.

(b) Bathroom facilities shall be within the facility and within one floor of sleeping room occupied by children.

(c) In large group shelter facilities separate bathroom facilities shall be provided for both sexes if the facility is co-educational.

(d) A hold-over room shall have bathroom facilities available on the premises that are accessible at any time to a child placed in the hold-over room.

(9) Indoor recreation area. Indoor recreation equipment and space appropriate to the age and interest levels of children shall be provided.

(10) Furnishings.

(a) The living area shall be adequately furnished and allow for free and informal use by the children.

(b) Each child in shelter care shall be provided with a separate bed except that siblings of the same sex may share a double bed.

(c) Each bed shall be of such size as to ensure comfort of the child, be in good condition, have a clean and comfortable mattress with waterproof covering when necessary, and be provided with a pillow, 2 sheets, bedspread and blankets adequate for the season.

(d) All sheets and pillow cases shall be changed at least once a week, more often if necessary and when the bed is occupied by a new resident.

(e) Triple decker bunks shall not be used.

(f) An adequate supply of clean wash cloths, and bath towels shall be available to each child.

(g) A hold-over room shall have a table. The hold-over room shall also have a chair for each occupant. Where necessary, comfortable sleeping accommodations shall be provided for each occupant.

(11) Kitchen.

(a) The kitchen shall be of adequate size and equipped with adequate household appliances and utensils to meet the needs of residents.

(b) Dishes, silverware, utensils and food shall be maintained and stored in clean and sanitary manner.

(12) Laundry.

(a) Private or public laundry facilities shall be available to meet the needs of all residents.

(b) Any laundry equipment in the facility shall be installed and vented in accordance with the manufacturer’s recommendations.

(13) Storage space.

(a) The shelter care facilities shall have sufficient storage space to accommodate, within reason, each child’s clothing and other belongings.

(b) All medicines shall be labeled and stored in a locked compartment designated for this use only except that medicines requiring refrigeration shall be properly stored and clearly labeled. All outdated medicines shall be destroyed.

(14) Telephone. A telephone shall be provided with emergency instructions posted nearby for fire, police and medical assistance. A telephone in a locked room or requiring payment to reach the operator shall not satisfy this requirement.

(15) Emergency equipment. Each shelter care facility shall have first aid supplies readily available.

(16) Heating.

(a) The shelter care facility shall provide a heating system which is capable of maintaining a temperature in living and sleeping quarters of at least 68°F.

(b) The heating unit shall be maintained in a safe condition as determined through an annual check by a qualified individual acceptable to the department.

(17) Electric system. Electrical systems and appliances shall be in good repair and properly protected.

(18) Sanitation.

(a) All regularly opened windows and doors shall be properly screened.

(b) The water supply shall be of safe, sanitary quality and shall be obtained from a water supply system and location, construction and operation of which shall comply with the standards approved by the department of natural resources. When water is obtained from a private well, its safety shall be determined by annual testing by a certified laboratory.

(d) All spoiled and deteriorated food products shall be disposed of immediately. All garbage while in the home shall be kept in non-combustible, watertight containers. Garbage shall be removed from the living quarters at least daily, except for those facilities using a garbage compactor, which shall establish a regular schedule for the removal of garbage.

(19) Light and ventilation.

(a) All habitable rooms shall be provided with adequate light and ventilation.

(b) All sleeping rooms occupied by children shall be rooms with an outside wall and an openable window.

(20) Fire prevention and safety.

(a) Habitable rooms on the second floor shall be provided with access to 2 exits, at least one of which shall be a stairway exit.

Note: A window shall be considered an “exit” if it and its screen or storm window is openable from the inside without the use of tools, not less than 22 inches in the smallest dimension, at least 5 square feet in area and with a lower sill not more than 4 feet from the floor.

(b) Passageways leading to exits shall be clear and unobstructed. One exit door shall be at least 3 feet in width.

(c) All stairs serving 3 or more levels shall have a door at either the bottom or top of the stairs and the door shall be kept closed.

(d) Except for a hold-over room under par. (dm), a shelter care facility shall have a smoke detection system. The smoke detection system shall be an interconnected system of smoke detectors listed by Underwriter’s Laboratory or a radio-transmitted smoke detection system which has a centrally mounted alarm horn or alarm horns which, when activated, can be heard throughout the facility. The smoke detection system shall be installed and regularly tested in accordance with the manufacturer’s instructions, and a smoke detector shall be located at each of the following locations in the facility:

At the head of every open stairway;
Above the door leading to every enclosed stairway on each floor level;
In every corridor spaced not more than 30 feet apart nor more than 15 feet from any wall;
In each common use room, including every living room, dining room, lounge, family room and recreation room, but not in the kitchen;
In each sleeping room if smoking is allowed there; and
In staff quarters if smoking is allowed there.

(dm) A hold-over room shall either meet the requirements under par. (d) for a smoke detection system or have, at minimum, a functioning battery operated smoke detector located in the room and tested at least once a month and a functioning battery operated smoke detector located outside the room but in proximity to the room, also tested at least once a month, to provide early enough detection and adequate warning for exiting.

(e) There shall be a written posted plan for emergency evacuation of the facility and at the time of placement each resident shall be instructed in the use of the plan. Evacuation procedures shall include provisions for handling residents with limited mobility and shall be reviewed with the staff every 2 months. Large group shelter facilities shall conduct fire drills at least every 2 months.

(f) A charged fire extinguisher acceptable to the local fire department shall be provided in the kitchen and on each floor of the facility. Staff shall be instructed in its use.

(g) Smoking in bedrooms shall not be permitted.

(h) The licensee shall demonstrate that the facility has passed an annual fire safety inspection acceptable to the licensing agency.

Note: The licensing agency is the Department of Children and Families.

(i) All interior doors shall be openable from both sides in case of emergency.

(j) All exterior doors shall be openable from the inside at all times without the use of a key.

(21) Safety measures.

(a) Tubs and showers shall have safety strips applied or other provisions shall be made to prevent slipping.

(b) Stairways, halls and aisles shall be maintained in good repair, adequately lighted and free from obstacles.

(d) Each facility shall have a written plan on file which specifies action and procedures for meeting emergency situations including serious illness, severe weather and missing children.

History

Cr. Register, June, 1978, No. 270, eff. 7-1-78; renum. from PW-CY 45.05, Register, December, 1982, No. 324, eff. 1-1-83; r. and recr. (19) (d), Register, October, 1988, No. 394, eff, 11-1-88; emerg. renum. (1) to (20) to be (2) to (21) and am. (8) (b) and (20) (d) (intro.) and 2., cr. (1), (4) (c), (7) (c), (8) (d), (10) (g) and (20) (dm), eff. 12-1-93; renum. (1) to (20) to be (2) to (21) and am. (5) (j), (k), (20) (d) (intro.), 2., cr. (1), (4) (c), (7) (c), (8) (d), (10) (g), (20) (dm), Register, September, 1994, No. 465, eff. 10-1-94.

Wis. Admin. Code § DCF 59.07 Records and reporting {#sec-dcf-59.07 omnilex-key=us-wi-regs-official--agency-dcf--DCF 59.07}

(1) Records on children in shelter care.

(a) A licensee shall maintain a record for each child in the shelter care facility. The record shall contain all of the following:

A form prescribed by the department that is completed with specified information about the child.
For a child placed in the shelter care facility, all of the following:

a. The forms required under ch. DCF 37. The licensee shall share with the child’s placing agency new and updated information required on the forms that the licensee becomes aware of while the child is placed in the facility.

b. Reasonable and prudent parenting decision records required under s. DCF 59.055 (2) (e).

Note: The form required under subd. 1. is DCF-F-CFS2389-E, Shelter Care Face Sheet. The forms required under subd. 2. a. and ch. DCF 37 are DCF-F-872A-E, Information for Out-of-Home Care Providers, Part A and DCF-F-872B-E, Information for Out-of-Home Care Providers, Part B. The form required under subd. 2. b. is DCF-F-5124-E, Reasonable and Prudent Parent Decision Record. These forms are available in the forms section of the department website at http://dcf.wisconsin.gov or by writing the Division of Safety and Permanence, P.O. Box 8916, Madison, WI 53708−8916.

(b) For each child placed in a hold-over room, the hold-over room licensee shall maintain on file a completed copy of Wisconsin department of justice form JI-03, Temporary Physical Custody Request.

Note: The department of justice form JD-1710, Temporary Physical Custody Request may be obtained by writing or telephoning any field office listed in Appendix A or from the Wisconsin Circuit Court website at https://www.wicourts.gov/forms1/circuit/index.htm.

(2) Confidentiality. Shelter care facility staff and volunteers shall maintain in a locked file and in confidence all information and records on children. Children shall have the right to examine their own records.

(3) Department access to records.

(a) At the request of the department, a shelter care facility shall make available for inspection all records on children received by it.

(b) Records shall be held only until the child’s 21st birthday and then destroyed, except that a permanent register shall be kept listing the names of the children received for care and the dates of their admission and release.

(4) Responsibility to the department and the superintendent. The licensee shall report to the department and the superintendent of shelter care as soon as possible:

(a) The death of any child in care or any serious illness or injury suffered by a child.

(b) Any fire on the premises which required the services of the fire department.

(c) Any intention to terminate the shelter care facility. Notification shall be at least 30 days in advance of the termination.

(d) Any change in the name of the unit supervisor of any shelter care facility, or a change in the name of the executive, or chairperson of the board, or any change in the corporate structure of a corporation operating a shelter care facility.

History

Cr. Register, June, 1978, No. 270, eff. 7-1-7; renum. from PW-CY 45.06, Register, December, 1982, No. 324, eff. 1-1-83; emerg. r. and recr. (1), eff. 12-1-93; r. and recr. (1), am. (3) (a), Register, September, 1994, No. 465, eff. 10-1-94; correction in (4) (d) made under s. 13.93 (2m) (b) 5., Stats., Register, September, 1994, No 465; correction in (1) (a) 13. made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; EmR1633: emerg. r. and recr. (1) (a), eff. 11-18-16; CR 16-051: r. and recr. (1) (a) Register July 2017 No. 739, eff. 8-1-17.

Wis. Admin. Code § DCF 59.08 License denial or revocation {#sec-dcf-59.08 omnilex-key=us-wi-regs-official--agency-dcf--DCF 59.08}

(1) Grounds. The department may deny, revoke or suspend a license, initiate other enforcement actions specified in this chapter or in ch. 48, Stats., or place conditions on a license if the applicant or licensee, a proposed or current employee, a volunteer or any other person having regular contact with the children, has or has been any of the following:

(a) The subject of a pending criminal charge for an action that substantially relates to the care of children or activities of the facility.

(b) Convicted of a felony, misdemeanor or other offense that substantially relates to the care of children or activities of the facility.

(c) Determined to have abused or neglected a child pursuant to s. 48.981, Stats., or has been determined to have committed an offense which substantially relates to the care of children or the activities of the facility.

(d) The subject of a substantiated finding of misconduct in the department’s nurse aide registry under s. DHS 129.10.

(e) The subject of a court finding that the person has abandoned his or her child, or has inflicted physical abuse or neglect on the child.

(f) Had a child welfare agency, group home or shelter care facility license revoked or denied within the last 5 years.

(g) Violated any provision of this chapter or ch. 48, Stats., or fails to meet the minimum requirements of this chapter.

(h) Made false statements or withheld information.

(2) Appeals.

(a) Any person aggrieved by the department’s decision to deny a license or to revoke a license may request a hearing on the decision under s. 227.42, Stats.

History

CR 04-040: cr. Register December 2004 No. 588, eff. 1-1-05; correction in (4) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; EmR16333: emerg. renum. DCF 59.08 to (1), cr. (1) (title), (2), eff. 11-18-16; CR 16-051: renum. DCF 59.08 to (1), cr. (1) (title), (2) Register July 2017 No. 739, eff. 8-1-17.

Chapter DCF 59 Appendix A FIELD OFFICES OF THE DEPARTMENT OF CHILDREN AND FAMILIES

Wis. Admin. Code § Chapter DCF 59 FIELD OFFICES OF THE DEPARTMENT OF CHILDREN AND FAMILIES {#sec-chapter-dcf-59 omnilex-key=us-wi-regs-official--agency-dcf--Chapter DCF 59}

The Department of Children and Families licenses shelter care facilities through field offices. The addresses and phone numbers of the field offices are below.

Central Office

(Madison)

201 W. Washington Ave.

Madison, WI 53703

(608) 422-6936

Northeastern Office

(Green Bay)

200 North Jefferson Street, Suite 411

Green Bay, WI 54301

(920) 785-7826

Southeastern Office

(Waukesha)

141 N.W. Barstow Street, Room 104

Waukesha, WI 53188

(262) 446-7864

Western Office

(Eau Claire)

610 Gibson Street, Suite #2

Eau Claire, WI 54701

(715) 930-1133

Chapter DCF 61 QUALIFIED RESIDENTIAL TREATMENT PROGRAMS

Wis. Admin. Code § DCF 61.01 Purpose {#sec-dcf-61.01 omnilex-key=us-wi-regs-official--agency-dcf--DCF 61.01}

This chapter provides the requirements for the establishment, certification, and operation of a QRTP under s. 48.675, Stats., which provides that the department may certify a congregate care facility to operate a QRTP if it determines that the facility’s program meets the requirements of 42 USC 672 (k) (4) and any other requirements established by the department in this chapter.

History

EmR2124: emerg. cr., eff. 9-29-21; CR 22-084: cr. Register May 2023 No. 809, eff. 6-1-23.

Wis. Admin. Code § DCF 61.02 Definitions {#sec-dcf-61.02 omnilex-key=us-wi-regs-official--agency-dcf--DCF 61.02}

In this chapter:

(1) “Child” means an individual under 21 years of age who is placed in a QRTP and is under juvenile court jurisdiction or other court order, is being provided services by a child welfare or juvenile justice agency, or is placed under an agreement.

(2) “Child-placing agency” means an agency licensed under s. 48.66, Stats., and ch. DCF 54.

(3) “Congregate care facility” or “facility” means a group home, shelter care facility, or residential care center for children and youth licensed under s. 48.66, Stats.

(4) “County department” means a county department of social services under s. 46.22, Stats., or a county department of human services under s. 46.23, Stats.

(5) “Department” means the department of children and families.

(6) “Extended family member” has the same meaning as in s. 48.028 (2) (am), Stats.

(7) “Group home” has the meaning given in s. 48.02 (7), Stats.

(8) “Indian child” has the meaning given in s. 48.02 (8g), Stats.

(9) “Indian custodian” has the meaning given in s. 48.02 (8p), Stats.

(10) “Indian tribe” has the meaning given in s. 48.02 (8r), Stats.

(11) “Licensed practical nurse” means an individual licensed by the board of nursing to provide practical nursing as defined in s. 441.001 (3), Stats.

(12) “Licensee” means a person licensed by the department under s. 48.66, Stats., to operate a congregate care facility.

(13) “Like-kin” has the meaning given in s. 48.38 (1) (ap), Stats.

(14) “Permanency plan” has the meaning given in s. 48.38 (1) (b), Stats.

(15) “Placing agency” means a county department, the department, the Wisconsin department of corrections, a tribal child welfare agency, a child-placing agency, or a licensed child welfare agency from another state authorized to place children in a congregate care facility.

(16) “QRTP” means a qualified residential treatment program operated by a congregate care facility that has been certified under s. 48.675, Stats., and this chapter.

(17) “Registered nurse” means an individual licensed by the board of nursing to provide professional nursing as defined in s. 441.001 (4), Stats.

(18) “Relative” has the meaning given in s. 48.02 (15), Stats.

(19) “Residential care center for children and youth” has the meaning given in s. 48.02 (15d), Stats.

(20) “Shelter care facility” has the meaning given in s. 48.02 (17), Stats.

(21) “Standardized assessment” has the meaning given in s. 48.02 (17t), Stats.

(22) “Trauma-informed treatment model” means a comprehensive approach to treatment and care that realizes the widespread impact of trauma and understands potential paths for recovery; recognizes the signs and symptoms of trauma in children, families, staff, and others involved with the child welfare system; fully integrates knowledge about trauma into policies, procedures, and practices; and seeks to actively resist retraumatization.

History

EmR2124: emerg. cr., eff. 9-29-21; CR 22-084: cr. Register May 2023 No. 809, eff. 6-1-23.

Wis. Admin. Code § DCF 61.03 QRTP requirements {#sec-dcf-61.03 omnilex-key=us-wi-regs-official--agency-dcf--DCF 61.03}

(1) Trauma-informed treatment model. A QRTP shall provide services according to a trauma-informed treatment model that is designed to meet the needs, including clinical needs as appropriate, of children with serious emotional and behavioral disorders or disturbances. A QRTP’s trauma-informed treatment model shall enable the QRTP to implement the treatment of a child identified for the child by a standardized assessment.

(2) Nursing and other clinical care. A QRTP shall have registered nurse or licensed practical nurse staff and other clinical staff who meet the following conditions:

(a) Provide care within the scope of their practice as defined by state law.

(b) Are on-site according to the facility’s trauma-informed treatment model under sub. (1).

(3) Family participation.

(a) In this subsection, the family of an Indian child includes the child’s extended family members, others identified in accordance with the laws or customs of the child’s Indian tribe, and, if applicable, the child’s Indian custodian.

(b) A QRTP shall facilitate family participation in each child’s treatment program to the extent appropriate and in accordance with the child’s best interest, consistent with the child’s permanency plan.

(c) A QRTP shall have policies and procedures on family participation in a child’s treatment program that specify how to do all of the following:

Facilitate outreach to the child’s family members, including siblings, and document how the outreach is done.
Maintain contact information for any known relatives and like-kin of the child.
Facilitate participation of the child’s family members in the child’s treatment program.
Document how the child’s family members are integrated into the child’s treatment program, including after the child’s discharge from the QRTP.
Document how the child’s connections with siblings are maintained.

(4) Discharge planning and family-based aftercare support. A QRTP shall provide discharge planning and family-based aftercare support in partnership and collaboration with the placing agency, with an invitation for the tribal child welfare agency to participate if applicable, for at least 6 months after the child’s discharge from the QRTP.

(5) Accreditation. A QRTP shall be nationally accredited by any of the following independent, not-for-profit organizations:

(a) The Commission on Accreditation of Rehabilitation Facilities.

(b) The Joint Commission.

(d) Any other independent, not-for-profit accrediting organization approved by the U.S. department of health and human services.

Note: The Department of Health and Human Services has approved the Teaching-Family Association and the Educational Assessment Guidelines Leading toward Excellence as additional accrediting organizations.

History

EmR2124: emerg. cr., eff. 9-29-21; CR 22-084: cr. Register May 2023 No. 809, eff. 6-1-23.

Wis. Admin. Code § DCF 61.04 QRTP certification {#sec-dcf-61.04 omnilex-key=us-wi-regs-official--agency-dcf--DCF 61.04}

(1) Application. The licensee of a congregate care facility may apply for certification to operate a QRTP by submitting all of the following to the department:

(a) A completed initial application form prescribed by the department.

(b) A copy of the trauma-informed treatment model to be used by the QRTP with a description of how the facility’s treatment model meets the conditions in s. DCF 61.03 (1).

(c) A description of the facility’s plan to provide nursing and licensed clinical staff services as required in s. DCF 61.03 (2).

(d) A copy of the family participation policies and procedures required under s. DCF 61.03 (3) (c).

(e) A description of the facility’s approach to providing discharge planning and family-based aftercare support in partnership and collaboration with the placing agency as required under s. DCF 61.03 (4).

(f) Proof that the facility is accredited as required under s. DCF 61.03 (5).

(g) Any other information requested by the department.

Note: Form DCF-F-5474-E, Qualified Residential Treatment Program Certification Application, is available in the forms section of the department’s website, http://dcf.wisconsin.gov.

(2) Department certification. The department shall determine whether to issue or deny a QRTP certification to a congregate care facility within 60 days after receiving the facility’s complete application under sub. (1).

History

EmR2124: emerg. cr., eff. 9-29-21; CR 22-084: cr. Register May 2023 No. 809, eff. 6-1-23.

Wis. Admin. Code § DCF 61.05 QRTP continuation {#sec-dcf-61.05 omnilex-key=us-wi-regs-official--agency-dcf--DCF 61.05}

(1) Certification review coincides with license continuation review. The department shall review a facility’s QRTP certification at the same time that the department reviews the facility’s license under s. 48.66 (5), Stats.

(2) Application. To apply for continuation of a QRTP certification, the licensee of a facility operating a QRTP shall submit all of the following to the department with the licensee’s application for continuation of the facility’s license under s. 48.66 (5), Stats.:

(a) A completed certification continuation application form prescribed by the department.

(b) Current versions of the documentation required for the initial certification application under s. DCF 61.04 (1) (b) to (g).

Note: Form DCF-F-5475-E, Qualified Residential Treatment Program Certification Continuation, is available in the forms section of the department’s website, http://dcf.wisconsin.gov.

History

EmR2124: emerg. cr., eff. 9-29-21; CR 22-084: cr. Register May 2023 No. 809, eff. 6-1-23.

Wis. Admin. Code § DCF 61.06 Monitoring {#sec-dcf-61.06 omnilex-key=us-wi-regs-official--agency-dcf--DCF 61.06}

(1) The department may review a congregate care facility’s compliance with QRTP certification requirements in s. DCF 61.03 by visiting and inspecting the facility at any time. The department shall have unrestricted access to the QRTP, including all of the following:

(a) The records of any child placed in the QRTP and any other materials.

(b) Children and other individuals who have information on the facility’s compliance with s. DCF 61.03.

(2) If the department determines that a congregate care facility’s program is not in compliance with s. DCF 61.03, the department may take action under s. DCF 61.08, order the licensee to implement and comply with a plan of correction provided by the department, or order the licensee to implement and comply with a plan of correction submitted by the licensee and approved by the department.

History

EmR2124: emerg. cr., eff. 9-29-21; CR 22-084: cr. Register May 2023 No. 809, eff. 6-1-23.

Wis. Admin. Code § DCF 61.07 Notification requirement {#sec-dcf-61.07 omnilex-key=us-wi-regs-official--agency-dcf--DCF 61.07}

A congregate care facility operating a QRTP shall notify the department in writing within one week after any change that may affect the facility’s compliance with a QRTP requirement under s. DCF 61.03.

History

EmR2124: emerg. cr., eff. 9-29-21; CR 22-084: cr. Register May 2023 No. 809, eff. 6-1-23.

Wis. Admin. Code § DCF 61.08 Denial, suspension, restriction, nonrenewal, revocation, or withholding of a QRTP certification {#sec-dcf-61.08 omnilex-key=us-wi-regs-official--agency-dcf--DCF 61.08}

(1) The department may deny, suspend, restrict, refuse to renew, revoke, or otherwise withhold a QRTP certification for any of the following reasons:

(a) The facility’s program does not comply with the QRTP requirements in s. DCF 61.03.

(b) The licensee has violated any provision under ch. 48 or 938, Stats.

(2) If the department denies, suspends, restricts, refuses to renew, revokes, or otherwise withholds a QRTP certification, the department shall notify the licensee in writing of its decision and the reasons for the decision.

(3) A denial, suspension, restriction, refusal to renew, revocation, or withholding of a QRTP certification takes effect immediately upon written notification or 30 days after the date of the notice in accordance with the criteria in s. 48.715 (4m), Stats.

History

EmR2124: emerg. cr., eff. 9-29-21; CR 22-084: cr. Register May 2023 No. 809, eff. 6-1-23.

Wis. Admin. Code § DCF 61.09 Appeal procedures {#sec-dcf-61.09 omnilex-key=us-wi-regs-official--agency-dcf--DCF 61.09}

(1) Any person aggrieved by the department’s decision to deny, suspend, restrict, refuse to renew, revoke, or otherwise withhold a QRTP certification may request a hearing on the decision under ch. 227, Stats.

(2) A request for hearing shall be in writing and shall be filed with the department of administration’s division of hearings and appeals within 10 days after the date on the notice of the department’s denial, suspension, restriction, refusal to renew, or other withholding of a QRTP certification.

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 (608) 264-9885. A copy of the request should be sent to the applicable field office listed in ch. DCF 52, Appendix D; ch. DCF 57, Appendix A; or ch. DCF 59, Appendix A.

History

EmR2124: emerg. cr., eff. 9-29-21; CR 22-084: cr. Register May 2023 No. 809, eff. 6-1-23; correction in (2) made under s. 35.17, Stats., Register May 2023 No. 809.

Chapter DCF 80 SERVICES FOR YOUTH WHO ARE ADJUDICATED DELINQUENT

Wis. Admin. Code § DCF 80.01 Authority and purpose {#sec-dcf-80.01 omnilex-key=us-wi-regs-official--agency-dcf--DCF 80.01}

(1) This chapter is promulgated under the authority of ss. 227.11 (2) and 938.485 (5), Stats., and 2015 Wisconsin Act 55, section 9108 (1) (h), for the purpose of providing youth placed under supervision in the community following an adjudication of delinquency receive timely habilitative and rehabilitative services to facilitate their social reintegration into the community. The chapter assigns responsibility for the provision of services, establishes standards and procedures for the provision of services, provides for involvement of youth and their parents in services planning, and imposes requirements for the coordination of services.

(2) Through this chapter the department seeks to achieve the following goals:

(a) Provide a community-based option for youth who have been adjudicated delinquent.

(b) Maintain public safety and youth accountability through supervision and sanctions appropriate to the needs and requirements of youth in the program.

(c) Provide the necessary treatment, services, discipline, and supervision to help youth and family make meaningful, positive changes in their lives.

(d) Encourage a crime-free lifestyle for youth in the program.

(e) Involve every youth in education or vocational training or employment.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00; correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register December 2015 No. 720.

Wis. Admin. Code § DCF 80.02 Applicability {#sec-dcf-80.02 omnilex-key=us-wi-regs-official--agency-dcf--DCF 80.02}

This chapter applies to lead agencies, youth adjudicated delinquent under s. 938.12, Stats., their parents and agencies providing services under this chapter.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00.

Wis. Admin. Code § DCF 80.03 Definitions {#sec-dcf-80.03 omnilex-key=us-wi-regs-official--agency-dcf--DCF 80.03}

In this chapter:

(1) “Aftercare” means the provision of community services by a lead agency to a youth released from a secured juvenile correctional institution.

(2) “Case management” means the functions which ensure that an individualized case plan and a written services agreement are developed for a youth and that services are provided in accordance with the plan in a timely, effective, and coordinated manner.

(3) “Case manager” means an employee of a lead agency who has case management responsibility for a youth.

(4) “County department” has the meaning given in s. 938.02 (2g), Stats.

(5) “Delinquent” has the meaning given in s. 938.02 (3m), Stats.

(6) “Department” means the department of children and families.

(7) “Dispositional hearing” means a hearing conducted in accordance with s. 938.335, Stats.

(8) “Individualized case plan” means a specific written plan which is based upon the court report, under s. 938.33 (1), Stats., as modified by the court order under s. 938.355, Stats., and an evaluation of the needs of a youth which details the educational, vocational, treatment, and placement services to be furnished by service providers.

(9) “Lead agency” means the department, a county department or a private agency ordered by the court to have legal custody or supervision of a youth.

(10) “Legal custodian” has the meaning given in s. 938.02 (11), Stats.

(11) “Legal custody” has the meaning given in s. 938.02 (12), Stats.

(12) “Service agreement” means a written contract between the lead agency, one or more service provider agencies, the youth and, when in the youth’s best interests, his or her parents, guardian, or legal custodian for the provision and acceptance of services.

(13) “Worker” means a lead agency employee who is responsible for providing direct services to the youth as required by the individualized case plan.

(14) “Youth” means a person under the supervision of the department or a county department within the meaning of s. 938.505 (1), Stats., or pursuant to s. 938.366, Stats., in a community placement, regardless of age.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00; correction in (6) made under s. 13.92 (4) (b) 6. and correction in (14) made under s. 13.92 (4) (b) 7., Stats., Register December 2015 No. 720.

Wis. Admin. Code § DCF 80.04 Provision of services {#sec-dcf-80.04 omnilex-key=us-wi-regs-official--agency-dcf--DCF 80.04}

(1) Court report.

(a) The agency responsible under s. 938.069, Stats., for preparing a report to be submitted to the court in accordance with s. 938.33, Stats., shall set out the content in a format prescribed by the court.

(b) The agency under par. (a) shall give a copy of the report, together with any other relevant information, to the lead agency within 5 working days after the dispositional hearing.

(2) Responsibility for planning services. The lead agency is responsible for planning services for the youth and the youth’s family.

(3) Responsibility for providing services. The lead agency is responsible for the provision of services to the youth and the youth’s family. The lead agency may either provide some or all of the needed services directly or contract with another agency or person to provide some or all of the services.

(4) General requirements for services. The services for a youth shall build on the youth’s strengths and shall be directed to the goals under s. DCF 80.01 (2).

(5) Case management.

(a) Designation of case manager. The lead agency shall designate a case manager to provide case management for each youth under the agency’s court-ordered custody or supervision.

(b) Individualized case plan.

Development. The case manager is responsible for the development of a case plan for a youth within 30 days after the dispositional hearing, with the involvement of the youth and, when in the youth’s best interest, the youth’s parents, guardian, or legal custodian.
Review. The case plan shall be jointly reviewed by the case manager, the worker and the worker’s supervisor when it is initially developed and at 6-month intervals. The case manager is responsible for informing a youth and, when in the youth’s best interest, the youth’s parents, guardian, or legal custodian about the frequency of plan review and review methods. The case manager shall require that a progress report be written each time the plan is revised, but at least every 6 months. The progress report shall be placed in a youth’s case file.

(c) Offer of services to the family. The case manager shall offer a youth’s family, guardian or legal custodian, as appropriate, needed and available services related to the habilitation or rehabilitation of the youth. The offer shall be made in person and confirmed in writing. In this paragraph, “in person” means either face-to-face or by telephone.

(d) Termination of services. When services are terminated, the case manager shall give written notice of service termination to the youth and to the youth’s parents, guardian, or legal custodian and shall place a copy of the notice in the youth’s case file.

(6) Conditions of supervision. The lead agency shall require all of the following:

(a) The conditions of supervision and the possible consequences of a violation of the conditions of supervision are stated in writing and the copies of the statement are given to the youth and the youth’s parents, guardian, or legal custodian.

(b) The conditions of supervision are explained to the youth and, if possible and necessary, to the youth’s parents, guardian, or legal custodian.

(c) The youth signs a copy of the conditions of supervision to acknowledge receipt and comprehension of the conditions. If the youth refuses to sign, a report of the explanation and the delivery of a copy of the conditions to the youth shall be maintained in the youth’s case file.

(7) Case files. The lead agency shall maintain a case file on every youth who is provided services under this chapter, which shall include all of the following:

(a) The court report.

(b) The court order.

(d) Service agreements.

(e) The statement of the conditions of supervision.

(f) A copy of the notice of service termination when services have been terminated.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00; correction in (4) made under s. 13.92 (4) (b) 7., Stats., Register December 2015 No. 720.

Chapter DCF 81 INTENSIVE SUPERVISION PROGRAM

Wis. Admin. Code § DCF 81.01 Authority and purpose {#sec-dcf-81.01 omnilex-key=us-wi-regs-official--agency-dcf--DCF 81.01}

(1) This chapter is promulgated under the authority of ss. 227.11 (2), 938.485 (5), and 938.534 (2), Stats., and 2015 Wisconsin Act 55, section 9108 (1) (h), to provide rules specifying the requirements for an intensive supervision program for youth who have been ordered by a court under s. 938.34 (2r), Stats., to participate in an intensive supervision program.

(2) Through this chapter the department seeks to achieve the following goals:

(a) Provide a community-based option for youth who have been adjudicated delinquent.

(b) Maintain public safety and youth accountability through supervision and sanctions appropriate to the needs and requirements of youth in the program.

(c) Provide the necessary treatment, services, discipline and supervision to help youth and family make meaningful, positive, changes in their lives.

(d) Encourage a crime-free lifestyle for youth in the program.

(e) Involve every youth in education or vocational training or employment.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00; correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register December 2015 No. 720.

Wis. Admin. Code § DCF 81.02 Applicability {#sec-dcf-81.02 omnilex-key=us-wi-regs-official--agency-dcf--DCF 81.02}

This chapter applies to the department, county departments under s. 46.215, 46.22 or 46.23, Stats., and youth who have been adjudicated delinquent and ordered under s. 938.34 (2r), Stats., to participate in an intensive supervision program.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00.

Wis. Admin. Code § DCF 81.03 Definitions {#sec-dcf-81.03 omnilex-key=us-wi-regs-official--agency-dcf--DCF 81.03}

In this chapter:

(1) “Assigned caseworker” means a county department staff member or designee responsible for the case plan, case management, and decision making.

(2) “Caretaker” means another person besides a parent who is providing care to a youth.

(3) “County department” means the county department under s. 46.215, 46.22 or 46.23, Stats.

(4) “Department” means the department of children and families.

(5) “Electronic monitoring device” means an electronic device used to monitor the youth’s location.

(6) “Intensive supervision” means a community based comprehensive program providing a youth and the youth’s family with the treatment and services necessary for holding the youth accountable and preventing institutional placement.

(7) “Intensive surveillance” means monitoring a youth’s activities through frequent face-to-face contacts, electronic monitoring, and collateral contacts, which include contacts with school personnel, employers, therapists, and relatives.

(8) “ISP” or “intensive supervision program” means the program under s. 938.534, Stats., that provides intensive surveillance and community-based treatment services for youth and their families.

(9) “Parent” has the meaning given in s. 938.02 (13), Stats.

(10) “Secure detention facility” means a locked facility approved by the department of corrections under s. 301.37, Stats., for the secure, temporary confinement of a youth.

(11) “Youth” means a person who has been adjudicated delinquent and ordered by a court under s. 938.34 (2r), Stats., to participate in the intensive supervision program.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00; correction in (4), (10) made under s. 13.92 (4) (b) 6., Stats., and correction in (7) made under s. 35.17, Stats., Register December 2015 No. 720.

Wis. Admin. Code § DCF 81.04 Program requirements {#sec-dcf-81.04 omnilex-key=us-wi-regs-official--agency-dcf--DCF 81.04}

(1) General. A county department electing to provide or purchase ISP services shall meet the requirements in this section.

(2) Referral and screening process.

(a) A county department shall develop a written referral and screening process for youth for whom the ISP may be recommended to the court under s. 938.33 (1), Stats. Criteria for participation include:

The likelihood that a youth would present a physical danger to self or to others if living in the community.
The availability of a suitable living arrangement for the youth within the community.
The willingness of the youth and the youth’s family or other adult with whom the youth will reside to participate in the ISP and comply with the rules and conditions of the program.
The ability of the community to provide treatment and other needs of the youth.

(b) Referral and screening shall take place before the report under s. 938.33 (1), Stats., is submitted to the court.

(3) Participant rights. A county department shall make reasonable efforts to ensure that a youth, while participating in the program:

(a) Is free from discrimination based on race or ethnicity, color, religion, sex, national origin, or any other category protected by federal or state law while receiving program services.

(b) Is provided with accessible and usable services, and any reasonable accommodations or auxiliary aids and services needed to benefit from treatment and other programs.

(d) Is protected from abuse or neglect by program service providers.

(e) Is involved in planning for his or her treatment.

(f) Has access to the courts.

(g) May visit, use the mail and communicate with family members and an attorney within reasonable guidelines while in secure detention or other out-of-home placement.

(h) Has access to county department and community programs and services consistent with the protection of the public.

(i) Has his or her educational, vocational, drug or alcohol abuse, mental health, and other treatment needs addressed by the ISP case plan.

(j) May participate in authorized recreational, leisure time, and religious activities.

(4) Statement describing goals, services, and case plan components.

(a) Required written description. A county department shall develop a written description of its ISP that shall include identification of goals, assurances of service availability, and specification of case plan components.

(b) Program goals. Goals shall be identified based on assessed strengths and needs of youth in the program and their families and may include reduction of recidivism, increased participation in educational or vocational programming, participation in treatment, and avoidance of a more restrictive placement.

A written description shall include assurances that an individual youth and the youth’s family will receive the following services, if needed:

a. School tutoring and other educational services.

b. Vocational training and counseling.

c. Alcohol and other drug abuse outpatient treatment and education. Programs used to treat alcohol or drug abuse by youth shall be certified by the department of health services under ch. DHS 61.

d. Family-focused services and family counseling.

e. Employment services.

f. Recreational opportunities.

g. Assistance with independent living skills and arrangements.

A written description shall address the availability and accessibility of other community services that a youth and the youth’s family may need, such as:

a. Day treatment or alternative school programs.

b. Restitution programs.

c. Interpersonal skills training.

d. Discipline training including anger and impulse control.

e. Problem-solving and decision-making skills training for youth.

f. Training for parents, including discipline management skills, communication skills and interpersonal skills.

g. Health-related care.

A written description shall identify the manner in which a youth and the youth’s family will obtain or have access to needed services.

(d) Case plan. A written description shall provide assurances that a case plan under sub. (5) shall be developed for each youth and his or her family, and will be filed with the court within 30 days of the dispositional order.

(5) Case plan requirements. A youth in an ISP shall have a case plan that specifies the following:

(a) The goals for the youth and family for the time the youth is in the ISP.

(b) The community-based treatment services and educational, vocational, employment and other programs that are expected to be used to meet the needs of the youth and family.

(d) The estimated time the youth and his or her family will participate in the program.

(e) The rules and conditions of the youth’s participation in the program, including the following:

Avoiding of any conduct that violates a federal, state or municipal law.
Reporting any contact with the police to ISP staff within 12 hours.
Reporting any arrest or citation to ISP staff immediately.
Cooperating with ISP staff and fully participating in all aspects of the case plan.
Following all curfews established by ISP staff.
Attending all scheduled educational and vocational programs.
Following his or her daily appointment schedule with ISP staff.
Obtaining advance permission from the lead caseworker to travel outside the state.
Cooperating with electronic monitoring procedures and refraining from altering, damaging, or interfering in any way with the operation of the electronic monitoring equipment.
Refraining from using or possessing any drug, item, or substance which is illegal to possess, or any prescription drugs except as prescribed for the youth by a licensed health care provider.
Refraining from purchasing, owning, carrying or possessing a firearm, knife, or other weapon, or ammunition, without the advance written permission of an ISP caseworker. The ISP caseworker may not grant a youth permission to possess a firearm if the youth is prohibited from possessing a firearm under state or federal law.
Agreeing to submit to any test ordered by the ISP caseworker that is permitted under law, including but not limited to, urinalysis, breathalyzer and blood tests.
Complying with any special rules issued by ISP staff including, but not limited to, rules relating to companions, medical and dental appointments, counseling, therapy or other mental health appointments, family responsibilities, court-ordered restitution, participation in community service, educational and vocational programs, job seeking and job attendance, purchasing, trading, selling, or operating a motor vehicle, and borrowing money or making a purchase on credit.

(f) The consequences for violation of a rule or condition, may include, but are not limited to:

Counseling and a warning.
Changing one or more of the rules or provisions of the youth’s case plan.
Placing the youth in a secure detention facility for not more than 72 hours.
Placing the youth in non-secure custody under s. 938.534, Stats., for not more than 30 days as a crisis intervention if the youth is in need of crisis intervention.
Requesting revision of the dispositional order under s. 938.363 or 938.357, Stats.
Imposing a sanction permitted by law.

(6) Discussion with parents. A case plan shall include a statement signed by a youth and the youth’s parent, if the youth is under 18 years old, that the plan has been discussed with the youth and the parent and that they understand the content, conditions, consequences and sanctions delineated in the plan.

(7) Caseload requirements.

(a) Caseworker. A caseworker shall be assigned to each youth participating in the ISP. The assigned caseworker is responsible for developing and monitoring the case plan under sub. (5), any decision to take the youth into custody under s. DCF 81.05 and the majority, more than 50%, of the face-to-face contacts.

(b) Limited caseload. A caseworker assigned to the ISP full time shall have a caseload of no more than 10 youth. A caseworker assigned to the program part time shall have a pro-rata partial caseload.

Each participant in the program shall receive at least one face-to-face contact per day with the assigned caseworker and the participant’s activities shall be monitored through the use of intensive surveillance.
Face-to-face contacts shall be of a planned and purposeful nature to include monitoring behavior and compliance with rules, problem solving, or skills training.

(d) Contacts with others. An assigned caseworker shall have at least one contact every week with a youth’s parent or caretaker and supervision and one contact every week with the educational or vocational service provider for each youth participating in the ISP.

(e) Multiple caseworkers. Caseworkers other than an assigned caseworker may be designated by the case plan to make face-to-face contacts with a youth, in addition to those required by par. (c), if the following conditions are met:

The case plan for a youth identifies the caseworker(s) and the frequency of contacts.
Any contract or written working agreement with agencies providing related services delineates the responsibilities and requirements for supervision of a youth.
The assigned caseworker communicates weekly with other caseworkers supervising the youth regarding pertinent information relating to contacts with a youth and other people involved with the youth during the past week. A daily log shall be maintained for each youth. The information from the log shall be summarized in the case record every 30 days.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00; corrections in (4) (c) 1. c., (7) (a) made under s. 13.92 (4) (b) 6. and 7., Stats., Register December 2015 No. 720.

Wis. Admin. Code § DCF 81.05 Placement in non-secure or secure detention {#sec-dcf-81.05 omnilex-key=us-wi-regs-official--agency-dcf--DCF 81.05}

(1) Authority.

(a) Notwithstanding ss. 938.19 to 938.21, Stats., but subject to any written policies adopted by the court or the county board, a youth’s assigned caseworker may, without a hearing, take the youth into custody and place the youth in a place of non-secure custody for not more than 30 days as crisis intervention, if the youth is in need of crisis intervention. The placement may be made only if the court at the dispositional hearing informed the youth of the possibility of that placement or if before the violation the youth has acknowledged in writing that he or she has read, or has had read to him or her, those conditions and that possible placement and that he or she understands those conditions and that possible placement.

(b) Notwithstanding ss. 938.19 to 938.21, Stats., but subject to any written policies adopted by the court or the county board, if a youth violates a rule or condition of the youth’s participation in the ISP, the youth’s assigned caseworker may, without a hearing, take the youth into custody and place the youth in a secure detention facility for not more than 72 hours as a consequence of that violation or while the alleged violation and the appropriateness of a sanction are being investigated, if at the dispositional hearing the court explained those conditions to the youth and informed the youth of the possibility of that placement or if before the violation the youth has acknowledged in writing that he or she has read, or has had read to him or her, those conditions and that possible placement and that he or she understands those conditions and that possible placement. Investigation of the violation includes inquiry into the facts of the violation and the appropriateness or availability of a proposed response to the violation.

(2) Informing and transporting the youth.

(a) An assigned caseworker making the decision to place a youth in a non-secure or secure facility shall promptly inform the youth, the youth’s parent(s) or caretaker of the decision to place the youth, the condition or rule the youth violated, when the youth violated the rule, and the reason for the placement decision.

(b) An assigned caseworker shall make arrangements for transporting and admitting a youth to the facility pursuant to county department policy.

(c) A youth may request to speak with the caseworker’s supervisor if the youth disagrees with the placement. That request shall be granted within 24 hours, exclusive of Saturdays, Sundays, and legal holidays. A youth’s request to speak with a supervisor does not stay the decision to proceed with the placement. During the conversation with the assigned caseworker’s supervisor, the youth shall be allowed to make a statement as to why the youth believes the placement to be inappropriate.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00.

Wis. Admin. Code § DCF 81.06 Right to hearing in secure detention {#sec-dcf-81.06 omnilex-key=us-wi-regs-official--agency-dcf--DCF 81.06}

A youth held in a secure detention facility for more than 72 hours, regardless of whether the continued detention is for a new or additional violation, is entitled to a hearing under s. 938.21, Stats. as provided in s. 938.534 (1), Stats.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00.

Wis. Admin. Code § DCF 81.07 Duration of program {#sec-dcf-81.07 omnilex-key=us-wi-regs-official--agency-dcf--DCF 81.07}

A youth ordered to participate in an ISP may be released from the program in any of the following ways:

(1) The original dispositional order specifies that participation in the program is time-limited in duration, and the time period has expired.

(2) The original dispositional order is revised pursuant to s. 938.363 or 938.357, Stats.

(3) The original dispositional order expires.

(4) A subsequent dispositional order is entered which would preclude the youth from participating in the program, such as placement in another county or transfer of supervision to the department for placement in a secured correctional facility.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00.

Chapter DCF 82 INTAKE WORKER TRAINING

Wis. Admin. Code § DCF 82.01 Authority and purpose {#sec-dcf-82.01 omnilex-key=us-wi-regs-official--agency-dcf--DCF 82.01}

This chapter is promulgated under the authority of s. 938.06 (1) (am) and (2) (b), Stats., and 2015 Wisconsin Act 55, section 9108 (1) (h), to ensure that all intake workers receive basic training appropriate to their functions and responsibilities.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00; correction made under s. 13.92 (4) (b) 7., Stats., Register December 2015 No. 720.

Wis. Admin. Code § DCF 82.02 Applicability {#sec-dcf-82.02 omnilex-key=us-wi-regs-official--agency-dcf--DCF 82.02}

This chapter applies to the department, intake workers who began employment after July 1, 1989, county sheriff’s department employees who provide intake services and began employment after July 1, 1989 and to juvenile courts and county departments that provide intake services under ss. 48.06 and 938.06, Stats.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00.

Wis. Admin. Code § DCF 82.03 Definitions {#sec-dcf-82.03 omnilex-key=us-wi-regs-official--agency-dcf--DCF 82.03}

In this chapter:

(1) “Administrator” means the administrator of the department’s division of safety and permanence or that person’s designee.

(2) “Basic intake training” means 30 hours of department approved training required under s. 938.06 (1) (am) and (2) (b), Stats., which includes 90 minutes for a test at the conclusion of the instruction and may include up to 4 hours of child abuse and neglect training approved by the department.

(3) “County department” has the meaning given in s. 938.02 (2g), Stats.

(4) “Department” means the department of children and families.

(5) “Employing agency” means a juvenile court, a county department or a county sheriff’s department that employs one or more intake workers.

(6) “Juvenile court” means the court assigned to exercise jurisdiction under ch. 938, Stats.

(7) “Intake worker” means an employee of a juvenile court, a county department or the sheriff’s department who performs juvenile court intake functions as specified in s. 938.067, Stats.

(8) “Successfully completed” means was present for 30 hours of basic intake training and gave correct answers to 70% or more of the test questions.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00; correction in (1) made under s. 13.92 (4) (b) 7. and correction in (4) made under s. 13.92 (4) (b) 6., Stats., Register December 2015 No. 720.

Wis. Admin. Code § DCF 82.04 Intake training {#sec-dcf-82.04 omnilex-key=us-wi-regs-official--agency-dcf--DCF 82.04}

(1) Requirement. Except as provided in sub. (2), every intake worker hired on or after July 1, 1989 shall successfully complete 30 hours of department approved basic intake training within the first 6 months after beginning work as an intake worker.

(2) Exemption. A person hired on or after July 1, 1989 to perform intake service responsibilities shall be exempt from the training requirement under sub. (1) if either of the following apply:

(a) The person successfully completed basic intake training while employed by another agency as an intake worker.

(b) The person was employed as an intake worker in Wisconsin prior to May 15, 1980.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00.

Wis. Admin. Code § DCF 82.05 Monitoring of compliance with the training requirement {#sec-dcf-82.05 omnilex-key=us-wi-regs-official--agency-dcf--DCF 82.05}

(1) Notification of appointment or assignment. Within 20 working days after the appointment of an intake worker or the assignment of intake responsibilities to an employee, the employing agency shall notify the department in writing of the appointment or assignment. The notification shall include all of the following:

(a) The name of the new employee or newly assigned employee.

(b) The starting date of the new employee or newly assigned employee.

(2) Notification of non-compliance. If an intake worker does not successfully complete the required basic intake training within the first 6 months after the person begins work, the department shall advise the following persons, as appropriate, in writing of the failure to complete:

(a) The chief juvenile court judge of the county where the intake worker is employed.

(b) The director of the county department, if the intake worker is an employee of that department.

(d) The sheriff of the county or the head of the agency which administers the county’s juvenile detention facility.

(e) The intake worker’s supervisor or the chief intake worker.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00.

Wis. Admin. Code § DCF 82.06 Review and approval of training proposals {#sec-dcf-82.06 omnilex-key=us-wi-regs-official--agency-dcf--DCF 82.06}

(1) Submission of training proposal. Any individual, agency or organization intending to provide basic intake training to intake workers shall submit a proposal to the department for all 30 hours of training, including a 90 minute test, at least 60 days before the training is to begin. The proposal shall include all of the following:

(a) A description of the organization and content of the training and a statement describing the educational objectives of the training. The content of the training shall include training regarding statutes specified by the department.

(b) A list of trainers, including documentation of their knowledge of the subject and ability to teach it.

(d) A description of procedures to be used to verify attendance at the training sessions.

(e) Identification of any tuition or other fees to be charged to participants.

(f) The maximum number of participants that can be accommodated.

(g) The specific location or locations at which the training will take place.

(h) A list of dates on which the training will be given.

(2) Evaluation and approval of training proposal.

(a)

The department shall evaluate the training proposal for completeness, timeliness and adequacy under sub. (1).
The department shall notify the applicant in writing of approval or denial within 20 days after receipt of the proposal. If the proposal is not approved, the department shall include in the notice the reason for not approving the proposal.

(b) A county employee may not provide basic intake training for employees of that county.

(3) Appeal of an adverse decision.

(a) An applicant whose training proposal is denied may appeal the decision to the administrator. An appeal shall be submitted in writing to the administrator within 10 working days after receipt of the notice of denial and shall include information that responds to the reasons given by the department to deny the proposed training.

(b) The administrator shall either affirm or overturn the decision to deny approval of the proposal within 10 working days after receiving the appeal. The administrator’s decision shall be final.

(4) Duration of approval. A decision to approve a proposal includes approval of all training dates included in the proposal. The effective period for the approval is 12 months from the date of notification of approval. The approved training shall be conducted during the 12-month period unless a change is made to the training proposal which is approved by the department. If the department approves a change, the period of approval shall extend to 12 months from the date that the department notifies the applicant that the amended proposal is approved.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00; correction in (1) (c) made under s. 13.92 (4) (b) 7., Stats., Register December 2015 No. 720.

Wis. Admin. Code § DCF 82.07 Examination {#sec-dcf-82.07 omnilex-key=us-wi-regs-official--agency-dcf--DCF 82.07}

(1) Test questions. The department shall develop a pool of questions related to the content of the basic intake training, including questions designed to measure knowledge of relevant statutes. The department shall select questions from the pool of questions in creating a test that intake workers shall take at the conclusion of the training.

(2) Administration of the test. An employee of the department shall administer a test at the end of the training using all of the following procedures:

(a) The test may not be distributed to training participants until the time for testing at the end of the training.

(b) Ninety minutes shall be allowed to complete the test and the 90 minutes shall be included as part of the 30 hours of required training.

(c) Training participants may use statutes and other resources to complete the test, but training participants shall individually complete the test.

(3) Evaluation and scoring of tests. Staff of the department designated by the administrator shall evaluate the responses to the test questions and shall determine the percentage of questions that each training participant has answered correctly. The department shall notify each training participant and his or her supervisor of that percentage within 20 working days after the training is completed. A training participant who has answered 70% or more of the questions correctly has passed the test. A training participant who has answered fewer than 70% of the questions correctly has failed the test.

(4) Opportunity to successfully complete the test. If a training participant fails the test, he or she shall be given an opportunity to respond again to the questions for which erroneous responses were given on the original test. The questions that a training participant failed to answer correctly shall be included with the notice of the score on the original test. The training participant shall have 5 working days to complete answers to the questions and return the answers to the department. If all of the answers are correct, the department shall notify the training participant that he or she has passed the test.

(5) Failure to successfully complete the examination. If a training participant fails to complete the supplemental test in sub. (4), notification shall be sent in accordance with s. DCF 82.05 (2). A participant who has failed to successfully complete the supplemental test in sub. (4) may achieve certification only by retaking the 30 hours of department approved basic intake training and achieving a passing score of 70% or better on the examination.

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00; correction in (5) made under s. 13.92 (4) (b) 7., Stats., Register December 2015 No. 720.

Wis. Admin. Code § DCF 82.08 Participant evaluation of training {#sec-dcf-82.08 omnilex-key=us-wi-regs-official--agency-dcf--DCF 82.08}

(1) Evaluation. Participants in the training shall be given an opportunity to evaluate the training experience, including the trainer’s knowledge and ability, the curriculum, the content, the examination, and the format of the training. The department shall supply the trainer with evaluation forms to be completed by the participants. The trainer shall return all the completed evaluation forms to the department after administration of the test.

(2) Evaluation results. The department shall notify the trainer of the results of the evaluations under sub. (1). The trainer shall meet with department representatives at the request of the department if evaluations indicate dissatisfaction with the training experience.

(3) Cancellation of approval. If the department determines that the training was inadequate or inappropriate, the department may cancel the training approval by sending written notice to the trainer of the cancellation and the reasons for the cancellation. The trainer may appeal a decision to cancel an approval as provided in s. DCF 82.06 (3).

History

Cr. Register, June, 2000, No. 534, eff. 7-1-00; correction in (3) made under s. 13.92 (4) (b) 7., Stats., Register December 2015 No. 720.

Chapter DCF 82 Appendix A WISCONSIN STATUTES TO BE INCLUDED IN BASIC INTAKE TRAINING FOR JUVENILE COURT INTAKE WORKERS (DCF 82.06 (1) (a) and (2) (a) 1.)

Wis. Admin. Code § Chapter DCF 82 WISCONSIN STATUTES TO BE INCLUDED IN BASIC INTAKE TRAINING FOR JUVENILE COURT INTAKE WORKERS (DCF 82.06 (1) (a) and (2) (a) 1.) {#sec-chapter-dcf-82 omnilex-key=us-wi-regs-official--agency-dcf--Chapter DCF 82}

Instruction regarding ss. 48.01 and 938.01 on title and legislative purpose of the Children’s and Juvenile Justice Codes, 48.02 and 938.02 on definitions, 48.067 and 938.067 on powers and duties of intake workers, 48.069 and 938.069 on powers and duties of disposition workers, 48.08 and 938.08 on duties of persons furnishing services to the court, 48.10 and 938.10 on power of the judge to act as intake worker and 48.981 on abused or neglected children shall be part of the approved training.

Training must also include instruction on s. 938.12 on jurisdiction over youth alleged to be delinquent, 938.125 on jurisdiction over youth alleged to have violated civil law or ordinances, 48.13 on jurisdiction over children alleged to be in need of protection or services, 938.13 on jurisdiction over youth alleged to be in need of protection or services, 48.135 and 938.135 on referral of children and youth to proceedings under ch. 51 or 55, Stats., 48.14 on jurisdiction over other matters relating to children, 938.14 on jurisdiction over interstate compact proceedings, 48.16 on jurisdiction over petitions for waiver of parental consent to a minor’s abortion, 938.17 on jurisdiction over traffic and boating, civil law and ordinance violations, 938.18 on waiver of jurisdiction for criminal proceedings, 938.183 on original adult court jurisdiction for criminal proceedings, 48.185 and 938.185 on venue, 48.45 and 938.45 on orders applicable to adults; 118.15 and 118.16 on compulsory school attendance and school attendance enforcement and an overview of chs. 939 to 948, the Criminal Code.

Training is required regarding custody intake, ss. 48.19 and 938.19 on taking a child or youth into custody, 48.20 and 938.20 on release or delivery from custody, 48.205 and 938.205 on criteria for holding a child or youth in physical custody, 48.207 and 938.207 on places where a child or youth may be held in nonsecure custody, 48.208 and 938.208 on criteria for holding a child or youth in a secure detention facility, 938.209 on criteria for holding a youth in a county jail, 48.21 and 938.21 on hearing for a child or youth in custody, 48.227 on homes for runaways and 48.981 on abused or neglected children.

Training is required regarding court intake, ss. 48.23 and 938.23 on right to counsel, 48.24 and 938.24 on receipt of jurisdictional information and intake inquiry, 48.243 and 938.243 on basic rights and duties of the intake worker, 48.245 on informal disposition, 938.245 on deferred prosecution agreement, 48.25 and 938.25 on authorization to file a petition, 48.299 and 938.299 on procedures at hearings, 48.30 and 938.30 on plea hearings, 48.305 and 938.305 on a hearing upon the involuntary removal of a child or juvenile, 48.31 and 938.31 on fact-finding hearings, 48.315 and 938.315 on delays, continuances and extensions, 48.32 and 938.32 on consent decrees, 48.33 and 938.33 on court reports, 938.331 on victim impact, 938.335 on disposition hearings, 938.34 on disposition of a youth adjudged delinquent, 938.341 on delinquency adjudication and restriction on firearm possession, 938.342 on disposition of truancy and school dropout ordinance violations,48.345 on disposition of a child adjudged in need of protection or services, 938.345 on disposition of a juvenile adjudged to be in need of protection or services, 938.46 on notice to victims of a juvenile’s acts, 48.355 and 938.355 on dispositional orders, 48.38 and 938.38 on permanency planning, 48.396 and 938.396 on records and 48.78 and 938.78 on confidentiality of records and 895.035 on parental liability for acts of a youth.

Chapter DCF 101 WISCONSIN WORKS

Wis. Admin. Code § DCF 101.01 Authority and purpose {#sec-dcf-101.01 omnilex-key=us-wi-regs-official--agency-dcf--DCF 101.01}

This chapter is adopted pursuant to ss. 49.141 through 49.161, Stats., to provide rules for the administration of the Wisconsin works program.

History

Cr. Register, October, 1997, No. 502, eff. 11-1-97.

Wis. Admin. Code § DCF 101.02 Applicability {#sec-dcf-101.02 omnilex-key=us-wi-regs-official--agency-dcf--DCF 101.02}

This chapter applies to any private or public agency that administers the Wisconsin works program and to all applicants for and participants in the Wisconsin works program.

History

Cr. Register, October, 1997, No. 502, eff. 11-1-97.

Wis. Admin. Code § DCF 101.03 Definitions {#sec-dcf-101.03 omnilex-key=us-wi-regs-official--agency-dcf--DCF 101.03}

Unless otherwise provided, in this chapter:

(1) “AFDC” means aid to families with dependent children, a public assistance program under Title IV-A of the Social Security Act of 1935, as amended, and s. 49.19, Stats.

(2) “Assessment” means the process under which the Wisconsin works agency evaluates each Wisconsin works participant’s skills, prior work experience and employability.

(3) “CARES” means the department’s automated client assistance for re-employment and economic support.

Note: The CARES system, using data provided by applicants, electronically determines eligibility for Wisconsin works, calculates community service jobs and transitional placement benefit amounts and electronically retains data in historical files.

(4) “Case management” means a process using a whole-family approach under s. DCF 101.15 (4) for assessing the needs of a Wisconsin works group member and the group member’s family for employment, training, and supportive services and assisting the Wisconsin works group member in obtaining services to achieve self-sufficiency.

(4m) “Child care administrative agency” means any of the following:

(a) An agency that has a contract with the department to administer the child care subsidy program.

(b) An agency that has a subcontract to administer the child care subsidy program with an agency that has a contract with the department.

(c) In a county with a population of 750,000 or more, the department or the Milwaukee County enrollment services unit as provided in ss. 49.155 (3g) (a) and 49.825 (2) (b), Stats.

(5) “Community rehabilitation program” means a program that provides directly or facilitates the provision of vocational rehabilitation to individuals with disabilities and that enables an individual with a disability to maximize opportunities for employment.

(6) “Community service job” or “CSJ” means a work component of Wisconsin works administered under s. 49.147 (4), Stats.

(7) “Component of Wisconsin works” means a trial employment match program job, community service job, transitional placement, or unsubsidized employment.

(8) “Custodial parent” means, with respect to a dependent child, a parent who resides with that child and, if there has been a determination of legal custody with respect to the dependent child, has legal custody of that child. For the purposes of this subsection, “legal custody” has the meaning given in s. 767.001 (2) (a), Stats.

(9) “Department” means the Wisconsin department of children and families.

(10) “Dependent child” means a person who resides with a parent and who is under the age of 18 or, if the person is a full-time student at a secondary school or a vocational or technical equivalent and is reasonably expected to complete the program before attaining the age of 19, is under the age of 19.

(11) “Domestic abuse” has the meaning given in s. 968.075 (1) or 813.12 (1) (am), Stats.

(12) “Employability plan” means a written agreement developed by a FEP in consultation with a participant that details a logical, sequential series of actions to move the participant from dependency to self-sufficiency. The “employability plan” includes the participant’s goal, precise tasks required of both the W-2 agency and the participant, and supportive services needed by the participant.

(13) “Financial and employment planner” or “FEP” means a case manager employed by a Wisconsin works agency who determines eligibility, assists in the process of determining eligibility, or performs case management functions.

(14) “Food stamp program” means the assistance program under 7 USC 2011 to 2029.

(14m) “Formal assessment” means the process of making a determination that a condition exists, establishing the extent and severity of a condition, and, if appropriate, what alternative services or accommodations in jobs or work assignments might permit the recipient to engage in work, either immediately or after some other intervention. A “formal assessment” shall be completed by a qualified assessing agency or business.

(15) “Incapacitated” means having a medically-determined physical or mental impairment that has been verified by the department of workforce development’s division of vocational rehabilitation or other similar agency or business and that prevents the person from temporarily or permanently holding full-time unsubsidized employment or participating in a trial employment match program job or CSJ.

(16) “Job access loan” means a loan under s. 49.147 (6), Stats., to address an immediate and discrete financial crisis in order to obtain or continue employment.

(19) “JOBS” means the job opportunities and basic skills training program established under 42 USC 682 and s. 49.193, 1997 Stats., for the purpose of assisting AFDC recipients to develop marketable skills and obtain gainful employment.

(20) “Learnfare” means the program established under s. 49.26, Stats., which requires that all preteens living in a pilot county designated by the department and teenagers attend school.

(21) “Medical assistance” means the assistance program operated by the department of health services under ss. 49.43 to 49.497, Stats., and chs. DHS 101 to 108.

(22) “Migrant worker” has the meaning given in s. 103.90 (5), Stats.

(23) “Minor parent” means an individual who is under age 18 and is a custodial parent.

(24) “Minimum wage” has meaning given in s. 49.141 (1) (g), Stats.

(25) “Noncustodial parent” means, with respect to a dependent child, a parent who is not the custodial parent.

(26) “Nonmarital parent” has the meaning given in s. 49.141 (1) (i), Stats.

(26m) “Nonparticipation” means failure to attend required activities specified in the individual’s employability plan.

(27) “Parent” has the meaning given in s. 49.141 (1) (j), Stats.

(28) “Participant” means an individual who participates in any component of the Wisconsin works program.

(29) “Poverty line” has the meaning prescribed under s. 49.001 (5), Stats.

(30) “Protective payment” means a money payment to a payee designated by the agency as the receiver of a participant’s total or partial W-2 benefit.

(31) “Reasonable promptness” means as soon as possible, but no later than 30 days after the date the agency receives a signed application completed to the best of the applicant’s ability.

(31h) “Screening” means a process of determining if an individual is at risk of a certain condition or barrier. A “screening” is intended to determine the likelihood that a person requires additional assessment to uncover a particular barrier. A “screening” does not result in a specific diagnosis.

(31m) “Second parent” has the same meaning given “other parent” in s. 49.15 (1), Stats.

Note: Sec. 49.15 (1), Stats. defines “other parent” as “a parent who is not a participant in a Wisconsin works employment position.”

(32) “Strike” has the meaning provided in 29 USC 142(2).

(32m) “TANF” or “temporary assistance for needy families” means a federal block grant under 42 USC 601-619.

(33) “Transitional placement” means a work component of Wisconsin works administered under s. 49.147 (5), Stats.

(34) “Trial employment match program job” has the meaning given in s. 49.141 (1) (n), Stats.

(35) “Unsubsidized employment” means employment for which the Wisconsin works agency provides no wage subsidy to the employer including self-employment and entrepreneurial activities.

(36) “Vendor payment” means a money payment made on behalf of a participant directly to a provider of goods or services.

(37) “Wisconsin works” or “W-2” means the assistance program for families with dependent children, administered under ss. 49.141 to 49.161, Stats.

(38) “Wisconsin works agency” or “W-2 agency” means a person, county agency, tribal governing body, or a private agency contracted under s. 49.143, Stats., by the department to administer the Wisconsin works program under ss. 49.141 to 49.161, Stats., and this chapter. If no contract is awarded under s. 49.143, Stats., “Wisconsin works agency” means the department.

(39) “Wisconsin works employment position” has the meaning given in s. 49.141 (1) (r), Stats.

(40) “Wisconsin works group” has the meaning given in s. 49.141 (1) (s), Stats.

History

Cr. Register, October, 1997, No. 502, eff. 11-1-97; cr. (31m), Register, July, 2000, No. 535, eff. 8-1-00; correction in (1) made under s. 13.93 (2m) (b) 7., Stats., Register, January, 2001, No. 541; CR 02-050: am. (intro.), (11) and (19), r. and recr. (12) and (13), cr. (14m), (31h) and (32m) Register January 2003 No. 565, eff. 2-1-03; correction in (11) made under s. 13.93 (2m) (b) 7., Stats., Register January 2003 No. 565; corrections in (9), (18) and (21) made under s. 13.92 (4) (b) 6. and 7., Stats., Register November 2008 No. 635; CR 17-066: cr. (26m) Register July 2018 No. 751, eff. 8-1-18; CR 21-091: am. (4), cr. (4m), am. (7), (15), r. (17), (18), r. and recr. (24), (26), (27), (34), (39), (40) Register July 2022 No. 799, eff. 8-1-22; CR 26-014: am. (4) Register May 2026 No. 845, eff. 6-1-26.

Wis. Admin. Code § DCF 101.04 Department responsibilities {#sec-dcf-101.04 omnilex-key=us-wi-regs-official--agency-dcf--DCF 101.04}

(1) General. The department shall maintain oversight responsibility for administration of the Wisconsin works program by contracted administrative agencies.

(2) Geographical areas. The department shall determine the geographical area in which a Wisconsin works agency will administer the Wisconsin works program.

Note: An individual may contact the local W-2 agency or the local county or tribal department of human services or social services for assistance in determining which geographical area the individual resides in and the address and phone number of the W-2 agency in the individual’s geographical area.

(3) Contract requirements. The department shall contract under s. 49.143, Stats., with providers to administer the Wisconsin works program in a geographical area. If a Wisconsin works agency does not meet the performance standards established by the department, the department may withhold any or all payment from the Wisconsin works agency or terminate the contract.

(4) Requests for information. The department may request from any Wisconsin works agency any information that the department determines appropriate and necessary for the overall administration of Wisconsin works. A Wisconsin works agency shall provide the department with the requested information through written reports, CARES reports and through other appropriate forms as prescribed by the department.

(5) Inspection of records. The department may inspect at any time any Wisconsin works agency’s records as the department determines is appropriate and necessary for the overall administration of Wisconsin works.

(6) Certification and training requirements. The department shall ensure that a financial and employment planner employed by a W-2 agency meets certification and training requirements established by the department and that appropriate training is provided by the W-2 agency.

History

Cr. Register, October, 1997, No. 502, eff. 11-1-97.

Wis. Admin. Code § DCF 101.05 W-2 agency responsibilities {#sec-dcf-101.05 omnilex-key=us-wi-regs-official--agency-dcf--DCF 101.05}

In administering the W-2 program, the W-2 agency shall do all of the following:

(1) Comply with ss. 49.141 to 49.161, Stats., applicable federal law, this chapter, and related program procedures.

(2) Make available all records necessary for the department’s exercise of its supervisory functions under s. 49.35, Stats.

(3) Provide the department with requested information through written reports, CARES reports and through other appropriate forms as prescribed by the department.

(4) Establish a community steering committee in accordance with s. 49.143 (2) (a), Stats.

(7) Encourage employers to make training sites available on the business site for participants.

(8) Work with the Wisconsin Economic Development Corporation to coordinate the provision of training to participants in conjunction with employers eligible for the development zone program under subch. II of ch. 238, Stats.

(9) Ensure that no W-2 employment position is operated so as to do any of the following:

(a) Have the effect of filling a vacancy created by an employer terminating a regular employee or otherwise reducing its work force for the purpose of hiring an individual into a W-2 employment position.

(b) Fill a position when any other person is on layoff or strike from the same or a substantially equivalent job within the same organizational unit.

(c) Fill a position when any other person is engaged in a labor dispute regarding the same or a substantially equivalent job within the same organizational unit.

(10) Refer individuals who need child care assistance to the local child care administrative agency.

(11) Refer all cases involving paternity and child support to the county child support agency.

(12) Provide, refer or facilitate transportation arrangements to enable participants to participate in W-2 activities. The W-2 agency shall limit any financial assistance granted to a W-2 participant to financial assistance for public transportation if a form of public transportation that meets the needs of the participant is available.

(13) Recover any overpayment of W-2 wages or benefits as required under s. 49.161, Stats., and s. DCF 101.23.

(14) Investigate, or refer to the appropriate agency for investigation, suspected cases of fraud.

History

Cr. Register, October, 1997, No. 502, eff. 11-1-97; am. (10), Register, January, 2001, No. 541, eff. 2-1-01; CR 02-050: am. (1) Register January 2003 No. 565, eff. 2-1-03; corrections in (10) and (13) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; correction in (8) made under s. 13.92 (4) (b) 6., 7., Stats., Register January 2012 No. 673; correction in (8) made under s. 13.92 (4) (b) 6., Stats., Register February 2012 No. 674; CR 21-091: r. (5), (6), r. and recr. (10) Register July 2022 No. 799, eff. 8-1-22.

Wis. Admin. Code § DCF 101.055 Grievance procedure for complaints of employment displacement {#sec-dcf-101.055 omnilex-key=us-wi-regs-official--agency-dcf--DCF 101.055}

(1) Agency designee. Each W-2 agency shall designate staff responsible for receiving, investigating, and resolving complaints of violations of s. DCF 101.05 (9) or shall maintain an agreement with a department grantee or contractor in the same locality to receive, investigate, and resolve such complaints.

(2) Notice. Each W-2 work training provider or employer of a participant in a W-2 employment position shall inform its employees of the right to file a complaint under this section and provide information about how to obtain further information on the grievance procedure.

(3) Filing a complaint.

(a) An employee, former employee, or employee’s representative may file a written complaint with the W-2 agency or its designee that alleges facts that may constitute a violation of s. DCF 101.05 (9).

(b) The complaint shall be filed within one year from the date of the alleged violation.

(4) Investigation and informal resolution. Upon receipt of a complaint alleging a violation of s. DCF 101.05 (9), the W-2 agency or its designee shall investigate the complaint and assist the parties in attempting to reach an informal resolution to the complaint.

(5) Hearing.

(a) If an informal resolution under sub. (4) cannot be reached, the W-2 agency or its designee shall conduct a hearing within 30 calendar days from the date the complaint was filed.

(b) The W-2 agency or its designee shall issue a hearing decision to the parties within 60 calendar days from the date the complaint was filed.

(6) Department review. A party may file a written request for a department review within 10 days of receiving an adverse decision from the W-2 agency or its designee or within 15 days from the date the decision was due if the parties did not receive a decision. The review shall be conducted by the department of administration’s division of hearings and appeals. The department’s final decision shall be issued within 30 calendar days from the date the request for departmental review was filed.

Note: A request for departmental review may be mailed to the Division of Hearings and Appeals, P.O. Box 7875, Madison, WI 53707-7875; faxed to (608) 264-9885; or delivered to 4822 Madison Yards Way, Madison, WI 53705.

(7) Remedies. A W-2 employer or work training provider who is found to have violated any of the nondisplacement provisions in s. DCF 101.05 (9) may be subject to the following penalties:

(a) Termination of existing W-2 or other work training agreements with the department or its contractors.

(b) Termination of grants from the department or its contractors and disqualification for future grants.

(8) Nonretaliation. No employer or W-2 work training provider may retaliate against an employee, employee’s representative, or witness who initiates or participates in the grievance procedure under this section.

History

CR 04-082: cr. Register November 2004 No. 587, eff. 12-1-04; corrections in (1), (3) (a), (4), (6) and (7) (intro.) made under s. 13.92 (4) (b) 6. and 7., Stats., Register November 2008 No. 635; CR 21-091: am. (6) Register July 2022 No. 799, eff. 8-1-22.

Wis. Admin. Code § DCF 101.06 Application for Wisconsin works {#sec-dcf-101.06 omnilex-key=us-wi-regs-official--agency-dcf--DCF 101.06}

(1) Right to apply. Any individual may apply for Wisconsin works. Application for Wisconsin works shall be made on a form prescribed by the department and available from a Wisconsin works agency.

(2) Where application is made. Application shall be made in the geographical area specified by the department under s. 49.143 (6), Stats., in which the individual lives.

(3) Signing the application. Each application form shall be signed by the applicant or the applicant’s responsible relative, legal guardian or authorized representative; or, where the applicant is incompetent or incapacitated, someone acting responsibly for the applicant. The application shall be re-signed in the presence of any agency representative in accordance with s. 49.84, Stats. Two witnesses’ signatures shall be required when the application is signed with a mark.

(4) Decision date.

(a) As soon as possible, but no later than 5 working days after the date the agency receives a signed application, completed to the best of the applicant’s ability, the W-2 agency shall schedule and hold a personal interview with the applicant.

(b) The W-2 agency shall give the applicant 7 working days to provide requested verification.

(c) Following the interview and after verifying eligibility information, the W-2 agency shall with reasonable promptness make a decision as to the appropriate placement in a W-2 employment position.

(5) Nonentitlement. Notwithstanding fulfillment of the eligibility requirements for any component of Wisconsin works, an individual is not entitled to services or benefits under Wisconsin works.

History

Cr. Register, October, 1997, No. 502, eff. 11-1-97.

Wis. Admin. Code § DCF 101.07 Access to information {#sec-dcf-101.07 omnilex-key=us-wi-regs-official--agency-dcf--DCF 101.07}

(1) Individuals inquiring about or applying for W-2 shall be given the following information by the W-2 agency in written form, and orally as appropriate: coverage, conditions of eligibility, scope of the program and related services available, and participants’ rights and responsibilities. Bulletins or pamphlets developed for this purpose shall be available at the W-2 agency.

(2) Individuals may examine program manuals and policy issuances which affect the public, including rules and regulations governing eligibility, participants’ rights and responsibility and services offered. These documents may be examined at W-2 agency offices or the department’s state or regional offices on regular work days during regular office hours.

(3) An individual or the individual’s authorized representative may review the individual’s entire case record to verify that the content accurately reflects statements and documentation of facts. The W-2 agency may not withhold any part of the record during preparation for a review of a W-2 agency decision under s. 49.152, Stats. When the request is not related to preparation for review of a W-2 agency decision under s. 49.152, Stats., the W-2 agency is not required to show the individual or the individual’s authorized representative the entire record unless the reason for reviewing the record requires the full record.

History

Cr. Register, October, 1997, No. 502, eff. 11-1-97.

Wis. Admin. Code § DCF 101.08 Request for information {#sec-dcf-101.08 omnilex-key=us-wi-regs-official--agency-dcf--DCF 101.08}

(1) A Wisconsin works agency may request from any person any information that it determines appropriate and necessary for the administration of Wisconsin works. Any person in this state shall provide this information within 7 days after receiving a request under this subsection. The Wisconsin works agency may extend the 7-day time limit for an individual for whom compliance with that limit would be unduly burdensome, as determined by the agency. The Wisconsin works agency may disclose information obtained under this subsection only in the administration of Wisconsin works.

(2) The Wisconsin works agency shall keep all information that it receives regarding victims of domestic abuse as defined in ss. DCF 101.03 (11) and 101.15 (3) (a) strictly confidential, except to the extent needed to administer Wisconsin works.

History

Cr. Register, October, 1997, No. 502, eff. 11-1-; CR 21-091: am. (2) Register July 2022 No. 799, eff. 8-1-22.

Wis. Admin. Code § DCF 101.09 Eligibility for Wisconsin works {#sec-dcf-101.09 omnilex-key=us-wi-regs-official--agency-dcf--DCF 101.09}

(1) General eligibility. In order to be eligible for Wisconsin works employment positions and job access loans for any month, an individual shall meet the eligibility requirements under subs. (2) to (4).

(2) Nonfinancial eligibility requirements. An individual is eligible for a Wisconsin works employment position and a job access loan in a month only if all of the following nonfinancial eligibility requirements are met:

(a) The individual is a custodial parent.

(b) The individual has attained the age of 18.

(c) The individual is a United States citizen, national of the United States, or qualified alien. An individual is a qualified alien if the individual is any of the following:

An alien lawfully admitted to the United States for permanent residence under the immigration and nationality act, 8 USC 1101 et seq.
An alien who is granted asylum under section 208 of the immigration and nationality act, 8 USC 1158.
A refugee who is admitted to the United States under section 207 of the immigration and nationality act, 8 USC 1157.
An alien who has been certified as a victim of trafficking under 22 USC 7105(b)(1)(E).
An alien who is paroled into the United States under section 212(d)(5) of the immigration and nationality act, 8 USC 1182(d)(5), for a period of at least one year.
An alien whose deportation is being withheld under section 243(h) of the immigration and nationality act, 8 USC 1253 as in effect March 31, 1997, or section 241(b)(3) of the act, 8 USC 1231(b)(3).
An alien who is granted status as a Cuban and Haitian entrant, as defined in section 501(e) of the refugee education assistance act of 1980, 8 USC 1522(note).
An American Indian born in Canada who is at least 50% American Indian by blood.
An American Indian born outside of the United States who is a member of a federally-recognized Indian tribe.
An alien who has been battered or whose child has been battered, who is no longer residing in the same household with the batterer, and who meets the requirements of 8 USC 1641(c).
An alien who is granted conditional entry pursuant to section 203(a)(7) of the immigration and nationality act, 8 USC 1153(a)(7), as in effect prior to April 1, 1980.
An alien who is admitted to the United States as an Amerasian immigrant, as described in section 584 of the foreign operations, export financing, and related programs appropriations act of 1988, 8 USC 1101(note).
An alien who is lawfully residing in the United States and is one of the following:

a. An armed forces veteran who received an honorable discharge that was not on account of alienage and who completed either 24 months of continuous active duty or the full period for which the individual was called, unless the individual received a hardship discharge under 10 USC 1173, early discharge under 10 USC 1171, or a discharge due to a disability incurred or aggravated in the line of duty.

b. On active duty in the armed forces of the United States, other than active duty for training.

c. The spouse of an individual described in subd. 13. a. or b., or the unremarried surviving spouse of an individual described in subd. 13. a. or b. if the marriage was for one year or more or the individuals had a child in common.

An alien who is lawfully residing in the United States and authorized to work by the immigration and naturalization service.

(d) The individual has residence in this state.

(e)

Subject to subd. 2. and ch. DCF 102, every parent in the individual’s Wisconsin works group fully cooperates in good faith with efforts directed at establishing paternity and obtaining support payments or any other payments or property to which that parent and any minor child of that parent may have rights or for which that parent may be responsible unless the W-2 agency determines that the parent has good cause for failing to cooperate pursuant to ch. DCF 102.
An individual who is a member of a Wisconsin works group that fails 3 times without good cause to meet the requirements in ch. DCF 102 remains ineligible until all the members of the Wisconsin works group cooperate or for a period of 6 months, whichever is later.

(f) The individual furnishes the Wisconsin works agency with any relevant information that the Wisconsin works agency determines is necessary under s. DCF 101.08 within 7 working days after receiving a request for the information from the Wisconsin works agency. The Wisconsin works agency may extend the 7 working day time limit for an individual for whom compliance with that limit would be unduly burdensome, as determined by the agency.

(g) The individual has made a good faith effort, as determined by the Wisconsin works agency on a case-by-case basis, to obtain unsubsidized employment and has not refused any bona fide offer of employment within the 180 days immediately preceding application for a W-2 employment position.

(h) If the individual has applied for Wisconsin works within the 180 days immediately preceding the current application, the individual has cooperated with the efforts of a Wisconsin works agency to assist the individual in obtaining unsubsidized employment.

(i) The individual is not receiving supplemental security income under 42 USC 1381 to 1383c or state supplemental payments under s. 49.77, Stats.

(j) The individual is not receiving social security disability insurance under 42 USC 401 to 433.

(k) On the last day of the month, the individual is not participating in a strike.

(L) The individual applies for or provides a social security account number.

(m) The individual reports any change in circumstances that may affect the individual’s eligibility to the Wisconsin works agency within 10 days after the change.

(n) The individual, or any other adult member of the individual’s Wisconsin works group, has not exceeded the lifetime limit on program participation or receipt of benefits under s. DCF 101.095.

(o) No other individual in the W-2 group is a participant in a W-2 employment position. This paragraph does not apply to an individual applying for a job access loan.

(p) The individual cooperates in providing information needed to verify enrollment information or good cause for the Learnfare program under s. 49.26, Stats., and s. DCF 101.25.

(q) The individual cooperates in the requirement to search for unsubsidized employment throughout the individual’s participation in a Wisconsin works employment position.

(r) The individual cooperates in applying for other public assistance programs or resources that the FEP believes may be available to the individual.

(s) The individual cooperates with providing eligibility information under this chapter for other members of the W-2 group.

(3m) Financial eligibility; resource limitations.

(a) Asset limits. An individual is eligible for a Wisconsin works employment position and job access loan only if the individual is a member of a Wisconsin works group whose assets do not exceed $2,500 in combined equity value. Except as provided in par. (c), in determining the combined equity value of assets under this subsection, the W-2 agency shall exclude all of the following:

The equity value of vehicles up to a total equity value of $10,000. In this subdivision, “equity value of vehicles” means the trade-in value of the vehicles as given in a standard guide on motor vehicle values or as estimated by a sales representative at a local car dealership, minus any debts secured by the vehicles.
One home that serves as the homestead for the Wisconsin works group that is valued at no more than 200 percent of the statewide median value for homes. In calculating the value of the homestead, the W-2 agency shall exclude the value of agricultural land owned by the Wisconsin works group. In this subdivision, “agricultural land” includes buildings and improvements that are devoted primarily to agricultural use and the land necessary for their location and convenience.

(b) Sponsored alien. When an individual is a sponsored alien pursuant to 8 USC 1183a, the sponsor’s resources shall be attributed to the sponsored alien as provided under 8 USC 1631.

(c) Hardship exemption. In determining the combined equity value of an individual’s assets under par. (a), a W-2 agency shall exclude one home, valued at any amount, that serves as the homestead for the Wisconsin works group if the W-2 agency determines that the individual qualifies for a hardship exemption based on any of the following:

No member of the Wisconsin works group has the legal right to sell the home. Limitations include any of the following:

a. The home is subject to pending litigation.

b. The home is jointly owned with a person who is not in the Wisconsin works group and who refuses to consent to the individual in the Wisconsin works group selling their share.

The individual had a recent sudden loss of income due to death, divorce, separation, or nonpayment of child support.
The Wisconsin works group includes an incapacitated adult or a disabled child.
The individual is or has been a victim of domestic abuse or is at risk of further domestic abuse, the home is jointly owned with the abuser, and the abuser is not a member of the Wisconsin works group. The W-2 agency shall administer the domestic abuse screening under s. DCF 101.15 (3) (b) to determine the individual’s eligibility for this exemption if the individual is otherwise financially eligible under this subsection and sub. (4).

(4) Financial eligibility; income limitations.

(a) An individual is eligible for a Wisconsin works employment position and job access loan only if the individual is a member of a Wisconsin works group whose gross income is at or below 115% of the poverty line.

(b) Except as provided in par. (c), the W-2 agency shall include all of the following in calculating the gross income of an individual who is a member of a Wisconsin works group:

All earned and unearned income of the individual.
The income of the individual’s nonmarital coparent or spouse, if the individual’s nonmarital coparent or spouse resides in the same home as the dependent child.
If the individual is a sponsored alien pursuant to 8 USC 1183a, the income of the sponsor and the sponsor’s spouse as provided under 8 USC 1631.

(c) In calculating the gross income of an individual who is a member of a Wisconsin works group, the W-2 agency shall exclude all of the following:

Any payments or benefits made under any federal law that specifically exempts such payments or benefits from being considered in determining eligibility for any federal means-tested program.
Any federal earned income tax credit received under section 32 of the Internal Revenue Code as defined in s. 71.01 (6), Stats.
Any state earned income tax credit received under s. 71.07 (9e), Stats.
Any student financial aid received under any federal or state program.
Any scholarship used for tuition and books.
Any Wisconsin works employment position wages or benefits under s. 49.148, Stats.
Income earned by a dependent child of the individual.

History

Cr. Register, October, 1997, No. 502, eff. 11-1-97; r. and recr. (2) (d), am. (2) (n) (intro.) and (3) (b) 2. a., r. (3) (b) 2. b., Register, January, 2001, No. 541, eff. 2-1-01; CR 02-050: r. and recr. (2) (c) and (e) 1., am. (2) (e) 2., (n) (intro.), and (3) (b) 2. a. Register January 2003 No. 565, eff. 2-1-03; corrections in (2) (e), (f), (n) (intro.) and (p) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; CR 18-016: r. and recr. (2) (n) Register October 2021 No. 790, eff. 11-1-21; CR 21-090: am. (1), r. (3), cr. (3m), (4) Register July 2022 No. 799, eff. 8-1-22; correction in (3m) (c) 4., (4) (c) 4. made under s. 35.17, Stats., Register July 2022 No. 799; CR 21-091: am. (2) (c) (intro.), (m), (q) Register July 2022 No. 799, eff. 8-1-22.

Wis. Admin. Code § DCF 101.095 Lifetime limit on program participation or receipt of benefits {#sec-dcf-101.095 omnilex-key=us-wi-regs-official--agency-dcf--DCF 101.095}

(1) Lifetime limit of 48 months. Beginning on the date on which an individual has attained the age of 18, the total number of months in which the individual, or any other adult member of the Wisconsin works group, has participated in or received benefits under, any combination of the following may not exceed 48 months, whether or not consecutive, except as otherwise provided in this section:

(a) The JOBS program under s. 49.193, 1997 Stats., on or after October 1, 1996.

(b) A Wisconsin works employment position.

(c) Any TANF-funded program in this state or any other state, if the individual received benefits attributable to funds provided by the federal government while in that program.

Note: Sections 49.148 (1m) (c), Stats., and DCF 101.18 specify the criteria for determining whether receipt of a custodial parent of an infant grant in a month is considered participation in a Wisconsin works employment position for that month.

(2) Adult Wisconsin works group members. Except as provided in sub. (4), if an individual was an adult member of a Wisconsin works group during a month in which any member of the Wisconsin works group participated in a W-2 employment position, the W-2 agency shall include that month in the calculation of the total number of months of the individual’s participation or receipt of benefits for purposes of this section.

(3) Months included. A W-2 agency shall include a month in which a JOBS program participant or W-2 participant received a reduced monthly AFDC or W-2 benefit or no monthly AFDC or W-2 benefit due to a sanction under the JOBS program or s. DCF 101.18 (1) (b) or (c) or 101.21 in the calculation of the total number of months of the individual’s participation or receipt of benefits for purposes of this section.

(4) Months excluded. When calculating the total number of months of an individual’s participation or receipt of benefits for purposes of this section, a W-2 agency shall exclude, to the extent permitted under federal law, any month in which the individual was living on a federally recognized American Indian reservation, in an Alaskan Native village, or in Indian country, as defined in 18 USC 1151, occupied by an Indian tribe, if during that month, all of the following applied:

(a) At least 1,000 individuals were living on the reservation or in the village or Indian country.

(b) At least 50 percent of the adults living on the reservation or in the village or Indian country were unemployed.

(5) Criteria for extension of the 48-month lifetime limit. A W-2 agency may, subject to subs. (6) and (7), extend the 48-month lifetime limit under sub. (1) if the agency determines that the individual meets the conditions in par. (a) or (b) as follows:

(a) Hardship. The individual is experiencing hardship due to any of the following:

The individual is unable to work due to a personal disability or incapacitation.
The individual needs to remain at home to care for a member of the individual’s Wisconsin works group whose incapacity is so severe that without in-home care provided by the individual the health and well-being of the Wisconsin works group member would be significantly affected.
The individual has significant limitations to employment such as any of the following:

a. Low achievement ability, learning disability, or emotional problems of such severity that they prevent the individual from obtaining or retaining unsubsidized employment but are not sufficient to meet the criteria for eligibility for supplemental security income under 42 USC 1383c or social security disability insurance under 42 USC 401 to 433.

b. Family problems of such severity that they prevent the individual from obtaining or retaining unsubsidized employment.

The individual has made all appropriate efforts to find work and is unable to find employment because local labor market conditions preclude a reasonable job opportunity. In this subdivision, “reasonable job opportunity” means a job that pays at least minimum wage and conforms to all applicable federal and state laws. The W-2 agency shall document at least one of the following:

a. The inability of W-2 participants with similar skills, or engaged in job searches in similar geographic and occupational areas, to find unsubsidized jobs.

b. The unavailability of jobs in labor market sectors that match the individual’s skills, as supported by specific examples of layoffs in these labor market sectors or by labor market data published by the department of workforce development or the United States department of labor.

c. The unavailability of jobs in the labor market within a reasonable distance and travel time of the individual’s home, as supported by specific examples of layoffs in this labor market or by labor market data published by the department of workforce development or the United States bureau of labor statistics.

The individual is unable to work to due to current participation in a substance abuse treatment program certified to provide treatment for substance abuse under ss. DHS 75.10 to 75.15 or psychosocial rehabilitation services as approved by the department.

(b) Battered or subjected to extreme cruelty. The individual’s Wisconsin works group includes a member who has been battered or subjected to extreme cruelty based on the fact that the member has been subjected to any of the following:

Physical acts that resulted in, or threatened to result in, physical injury to the individual.
Sexual abuse.
Sexual activity involving a dependent child.
Being forced as the caretaker relative of a dependent child to engage in nonconsensual sexual acts or activities.
Threats of, or attempts at, physical or sexual abuse.
Mental abuse.
Neglect or deprivation of medical care.

(6) Length of the extension period. A Wisconsin Works agency may grant an extension to the lifetime limit on program participation or benefit receipt under this section for a time period of no more than 6 consecutive months.

(7) Maximum number of extension periods. A Wisconsin works agency may determine the appropriate number of extensions to the lifetime limit on program participation or benefit receipt under this section.

(8) Department review. The department may review, approve, or overturn a W-2 agency’s determination regarding an extension of the lifetime time limit on program participation or benefit receipt under this section.

History

CR 18-016: cr. Register October 2021 No. 790, eff. 11-1-21; correction in (4) (intro.) made under s. 35.17, Stats., Register October 2021 No. 790.

Wis. Admin. Code § DCF 101.10 Temporary absence {#sec-dcf-101.10 omnilex-key=us-wi-regs-official--agency-dcf--DCF 101.10}

(1) Denial of assistance for a dependent child who is absent from the home for a significant period. A dependent child may be absent from the custodial parent’s home but still be considered under the care of the custodial parent if the following conditions are met:

(a) The dependent child will not be or has not been continuously absent for more than 3 months and the child is expected to return to the custodial parent’s home.

(b) The absence is not the result of removal of the child under a dispositional order issued under s. 48.355, Stats., which places custody of a child outside the home for an indefinite period or a period of 3 months or more.

(c) The custodial parent continues to exercise responsibility for the care and control of the child. If an individual is receiving kinship care payments under s. 48.57 (3m), Stats., for the care of the child, the child is not considered to be under the care and control of the custodial parent.

(2) Denial of assistance for custodial parent who fails to notify the w-2 agency of absence of child. A custodial parent of a dependent child who fails to notify the Wisconsin works agency of the absence of the dependent child from the home for the period specified in sub. (1) (a), by the end of the 5-day period that begins with the date that it becomes clear to the custodial parent that the dependent child will be absent for such period so specified or provided for, is not eligible for W-2.

History

Cr. Register, October, 1997, No. 502, eff. 11-1-97; CR 21-091: am. (1) (c) Register July 2022 No. 799, eff. 8-1-22.

Wis. Admin. Code § DCF 101.11 Verification {#sec-dcf-101.11 omnilex-key=us-wi-regs-official--agency-dcf--DCF 101.11}

(1) The W-2 agency shall verify that an individual meets nonfinancial and financial eligibility criteria under s. DCF 101.09 (2) to (4) prior to placing the individual in a Wisconsin works employment position or other appropriate eligibility criteria prior to providing any other W-2 benefit or service.

(2) If the individual does not have the power to produce verification, or requires assistance to do so, the W-2 agency shall proceed immediately to seek the verification.

(3) No eligibility shall exist when an individual has the power to produce required verification as determined by the W-2 agency but refuses or fails to do so.

History

Cr. Register, October, 1997, No. 502, eff. 11-1-97; am. (1), Register, January, 2001, No. 541, eff. 2-1-01; correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; CR 21-090: am. (1) Register July 2022 No. 799, eff. 8-1-22; CR 21-091: am. (1) Register July 2022 No. 799, eff. 8-1-22; merger of (1) treatments by CR 21-090 and CR 21-091 made under s. 13.92 (4) (bm), Stats., Register July 2022 No. 799.

Wis. Admin. Code § DCF 101.12 Eligibility date {#sec-dcf-101.12 omnilex-key=us-wi-regs-official--agency-dcf--DCF 101.12}

The eligibility date for a W-2 employment position wage or benefit payment is the date the applicant has met all W-2 eligibility requirements and has begun participating in a W-2 employment position.

History

Cr. Register, October, 1997, No. 502, eff. 11-1-97.

Wis. Admin. Code § DCF 101.13 Review of eligibility {#sec-dcf-101.13 omnilex-key=us-wi-regs-official--agency-dcf--DCF 101.13}

A W-2 agency shall periodically review an individual’s eligibility. A Wisconsin works employment position participant remains eligible under s. DCF 101.09 (3m) and (4) until the W-2 group’s assets or income is expected to exceed the asset or income limits under s. DCF 101.09 (3m) or (4) for at least 2 consecutive months.

History

Cr. Register, October, 1997, No. 502, eff. 11-1-97; am. Register, January, 2001, No. 541, eff. 2-1-01; correction made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; CR 21-090: am. Register July 2022 No. 799, eff. 8-1-22.

Wis. Admin. Code § DCF 101.14 Employer criteria {#sec-dcf-101.14 omnilex-key=us-wi-regs-official--agency-dcf--DCF 101.14}

(1) The W-2 agency shall ensure that an employer providing a Wisconsin works employment position meets criteria as specified under subs. (2) to (3) in order to employ a participant in a W-2 employment position. An employer that does not meet the criteria established under this section is ineligible to receive any subsidy for any position provided to a participant.

(2) Trial employment match program job. An employer that employs a participant in the trial employment match program shall agree to do all of the following:

(a) Pay the participant the amount established by contract but not less than minimum wage for every hour actually worked.

(b) Make a good faith effort to retain the participant as a permanent unsubsidized employee after the wage subsidy is terminated.

(d) Inform the participant of the participant’s possible eligibility for federal and state earned income tax credits.

(e) Provide the same education and training opportunities as that provided to similar, unsubsidized employees of the employer and consider providing or arranging for additional education and training opportunities as appropriate.

(f) Comply with the grievance procedure in s. DCF 101.055 for regular employees of the worksite to resolve complaints of employment displacement by a W-2 participant under s. DCF 101.05 (9).

(3) Community service job and transitional placement employers. A CSJ or transitional placement employer shall agree to do all of the following:

(a) Provide a structured work environment which includes close supervision and a willingness to mentor and coach CSJ and transitional placement employees to succeed in the workplace.

(b) Provide a position which replicates actual conditions of work and provides responsibilities and expectations similar to unsubsidized employees of the employer considering the participant’s barriers to unsubsidized employment including need for child care or transportation or level of ability.

(c) Cooperate with the W-2 agency by providing verification of the participant’s hours of participation and missed hours.

(d) Comply with the grievance procedure in s. DCF 101.055 for regular employees of the worksite to resolve complaints of employment displacement by a W-2 participant under s. DCF 101.05 (9).

History

Cr. Register, October, 1997, No. 502, eff. 11-1-97; CR 04-082: am. (2) (f) and (3) (d) Register November 2004 No. 587, eff. 12-1-04; corrections in (2) (f) and (3) (d) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; CR 21-091: am. (2) (title), (intro.), (c), (d) Register July 2022 No. 799, eff. 8-1-22.

Wis. Admin. Code § DCF 101.15 Case management {#sec-dcf-101.15 omnilex-key=us-wi-regs-official--agency-dcf--DCF 101.15}

(1) Initial assessment. The W-2 agency shall make an initial assessment of the skills, prior work experience, and employability of each applicant prior to placement in a W-2 employment position.

(2) Employability plan. The FEP shall, in consultation with the W–2 participant, develop a written employability plan for a W–2 participant which includes the participant’s W–2 employment position placement, required activities under s. DCF 101.16, and an identified unsubsidized employment goal. As part of employability planning, the W-2 agency shall administer a functional screening developed by the department. One of the purposes of the screening shall be to determine whether a formal assessment is necessary. The development of the employability plan shall take into consideration any screening or formal assessment results. A W-2 participant may refuse to participate in the functional screening without sanction. Participation in the functional screening may not be a condition of eligibility for a W-2 participant. Nothing in this subsection may be construed to limit the ability of a W-2 agency to require a W-2 participant to comply with ss. DCF 101.08 and 101.09 or required activities under s. DCF 101.16.

(3) Domestic abuse.

(a) Domestic abuse definition. For purposes of this section, “domestic abuse” means any of the following acts that affect the individual and are engaged in by a spouse or former spouse, an adult with whom the individual has or had a dating relationship, an adult with whom the person has a child in common, an adult or minor family member, or an adult or minor with whom the person resides or formerly resided:

Physical acts that result in pain, illness, or injury.
Sexual abuse or sexual assault.
Threats of, or attempts at, physical or sexual abuse.
Emotional or mental abuse.
Verbal abuse.
Deprivation or destruction of physical or economic resources.
Neglect or deprivation of medical care.
Forced isolation.
Stalking or harassment.

(b) Screening.

As part of the initial employability planning process, the W-2 agency shall administer a screening to assess the potential that the individual is or has been a victim of domestic abuse or is at risk of further domestic abuse, unless the applicant has voluntarily disclosed the information pursuant to subd. 3.
If a W-2 participant was not screened during the participant’s initial employability planning process, a W-2 agency shall administer a screening to assess the potential that an individual is or has been a victim of domestic abuse or is at risk of further domestic abuse at the participant’s next review or at the time of the participant’s next change of employment placement, whichever is sooner.
A W-2 agency shall allow an individual to voluntarily and confidentially disclose that the individual is or has been a victim of domestic abuse or is at risk of further domestic abuse.
A W-2 agency may also administer a domestic abuse screening to a W-2 participant at any time that the participant requests it or if the agency worker has reason to believe that the participant may need domestic abuse services.
A W-2 agency employee shall attend the department’s 12-hour training on domestic abuse pursuant to s. DCF 103.03 (3) or 103.04 (2) prior to administering a domestic abuse screening under subds. 1., 2., or 4.

If a W-2 agency identifies an individual as a past or present victim of domestic abuse or determines that the individual is at risk of domestic abuse or if the individual identifies himself or herself as a past or present victim of domestic abuse or as an individual who is at risk of further abuse, the W-2 agency shall provide the individual with information on community–based domestic abuse services.
The evidence that is sufficient to establish that an individual is or has been a victim of domestic abuse or is at risk of further domestic abuse shall be a positive identification on the department-provided screening instrument or a voluntary disclosure of the information by the participant.
The information that a W-2 agency gives to an individual on community-based domestic abuse services shall be:

a. Provided orally and in writing.

b. Current and updated as necessary.

c. Culturally appropriate for the individual participant.

d. Provided in languages other than English as appropriate in accordance with the W-2 contract requirements under s. 49.143 (2), Stats.

The information that a W-2 agency provides to an individual on community-based domestic abuse services shall include information on local providers of the following domestic abuse services:

a. Law enforcement for immediate protection.

b. Shelters or programs for battered individuals.

c. Sexual assault provider services.

d. Medical services and counseling.

e. Sexual assault nurse examiners services.

f. Domestic abuse and sexual assault hotlines.

g. Legal counseling and advocacy.

h. Mental health care.

i. Counseling.

j. Support groups.

If the individual elects to receive counseling or supportive services, the W-2 agency shall provide appropriate community–based referrals to the individual.

(d) Voluntary participation. A W-2 participant may refuse to be screened for domestic abuse or may refuse information on or referrals to community-based domestic abuse services without sanction. Participation in the domestic abuse screening and information and referral process may not be a condition of eligibility for a W-2 participant.

(4) Whole family approach. A Wisconsin Works agency shall provide case management services that connect a W-2 participant and their family with resources that will create pathways to postsecondary education and employment, provide access to high quality child care and health and well-being services, and enable economic security and stability for the whole family.

History

Cr. Register, October, 1997, No. 502, eff. 11-1-97; CR 02-050: am. (2), cr. (3) Register January 2003 No. 565, eff. 2-1-03; correction in (3) (b) 5. made under s. 13.93 (2m) (b) 7., Stats., Register November 2006 No. 611; corrections in (2) and (3) (b) 5. made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; CR 21-091: am. (3) (b) 2., 3. Register July 2022 No. 799, eff. 8-1-22; CR 26-014: cr. (4) Register May 2026 No. 845, eff. 6-1-26.

Wis. Admin. Code § DCF 101.16 Work programs {#sec-dcf-101.16 omnilex-key=us-wi-regs-official--agency-dcf--DCF 101.16}

(1) Unsubsidized employment.

(a) Job search, orientation and training activities.

An individual who applies for a Wisconsin works employment position may be required by the Wisconsin works agency to search for unsubsidized employment during the period that the individual’s application is being processed as a condition of eligibility.
A satisfactory search effort for unsubsidized employment may include but is not limited to the following elements: participating in job orientation under subd. 3., making contacts with employers, submitting job applications to employers, participating in job interviews with employers, and conducting any other search activities specified in the participant’s employability plan. The FEP shall determine whether a participant’s search effort for unsubsidized employment is satisfactory on a case-by-case basis. The FEP may deny eligibility for placement in a W-2 employment position for an applicant who fails to complete required unsubsidized employment search activities or an applicant who fails to accept a bona fide offer of employment without good cause under s. DCF 101.20.
As a condition of eligibility, a Wisconsin works agency may require an applicant for a Wisconsin works employment position to participate in job orientation while the application is being processed. In this subdivision, “job orientation” means activities designed to help applicants prepare for work by learning general workplace expectations, work behavior and attitudes necessary to successfully compete in the labor market, help an applicant build self-esteem and increase an applicant’s self-confidence.
A Wisconsin works agency may require a participant in a Wisconsin works employment position to engage in training activities permitted as part of the participant’s placement under sub. (2), (3) or (4) and included in the W-2 participant’s employability plan.

(am) Review process for participants in a case management services for job-ready individuals placement. Every 30 days that a Wisconsin works agency has provided case management services to a participant in a case management services for job-ready individuals placement and the participant has not obtained unsubsidized employment after legitimate efforts to secure employment, the agency shall review the participant’s case to determine whether the participant should continue in the case management services for job-ready individuals placement or be placed in a trial employment match program job under s. 49.147 (3), Stats., community service job, or transitional placement. In reviewing the participant’s case, the Wisconsin works agency shall consider all of the following:

Whether the participant obtained interviews or job offers that matched the participant’s skills, abilities, and interests.
Whether previously identified barriers that could be addressed with Wisconsin works services were addressed effectively.
Whether previously unidentified barriers have been identified.

(b) Job search assistance. A Wisconsin works agency shall assist a participant with the search for unsubsidized employment. In determining an appropriate placement for a participant, a Wisconsin works agency shall give priority to placement in unsubsidized employment over placements under subs. (2) to (4).

(2) Trial employment match program jobs.

(a) In determining an appropriate placement for a participant, a Wisconsin works agency shall give priority to placement in a trial employment match program job over a placement in a community service job or transitional placement under subs. (3) and (4).

(b)

A Wisconsin works agency shall pay a wage subsidy to an employer that employs a participant in a trial employment match program job and agrees to make a good faith effort to retain the participant as a permanent unsubsidized employee after the wage subsidy is terminated.
The wage subsidy for full-time employment of a participant may not exceed the amount provided under s. 49.147 (3) (a), Stats. For less than full-time employment of a participant during a month, the wage subsidy may not exceed a dollar amount determined by multiplying the amount provided under s. 49.147 (3) (a), Stats., for full-time employment of a participant by a fraction, the numerator of which is the number of hours worked by the participant in the month and the denominator of which is the number of hours which would be required for full-time employment in that month.

(c) Education or training activities. A trial employment match program job includes education and training activities, as prescribed by the employer as an integral part of work performed in the trial employment match program job.

(d) Worker’s compensation. The employer shall provide the participant with worker’s compensation coverage as provided under s. DCF 101.14 (2) (c).

(e) Time-limited participation.

A W-2 participant may participate in a trial employment match program job for a maximum of 3 months, with an opportunity for a 3-month extension under circumstances determined by the Wisconsin works agency. A participant may participate in more than one trial employment match program job, but may not exceed a total of 24 months of participation under this subsection. The months need not be consecutive.
The department, or the Wisconsin works agency with the approval of the department, may grant an extension of the 24-month limit on a case-by-case basis if the participant has made all appropriate efforts to find unsubsidized employment and has been unable to find unsubsidized employment because local labor market conditions preclude a reasonable job opportunity for that participant, as determined by a Wisconsin works agency and approved by the department.

(3) Community service job.

(a) In determining an appropriate placement for a participant, a Wisconsin works agency shall give placement in a community service job priority over a transitional placement under sub. (4). After each 6 months of an individual’s participation under this subsection and at the conclusion of each assignment under this subsection, a Wisconsin works agency shall reassess the individual’s employability.

(b) Education or training activities. A CSJ participant may be required to participate in education and training activities assigned as part of an employability plan developed by the Wisconsin works agency. Permissible education and training activities shall include only the following:

A course of study meeting the standards established under s. 115.29 (4), Stats., for the granting of a declaration of equivalency of high school graduation.
Technical college courses.
Educational courses that provide an employment skill.
English as a 2nd language courses that the Wisconsin works agency determines would facilitate an individual’s efforts to obtain employment.
Adult basic education courses that the Wisconsin works agency determines would facilitate an individual’s efforts to obtain employment.
Employer-sponsored training.

Except as provided in par. (d) and s. 49.147 (4) (av) and (5m), Stats., a Wisconsin works agency may require a participant placed in a community service job program to work not more than 40 hours per week in a community service job. Except as provided in subd. 2., a Wisconsin works agency may require a participant placed in the community service job program to participate in education or training activities under par. (b) for not more than 10 hours per week, but may not require a participant placed in a community service job program to participate in more than 40 hours per week in combined activities.
A W-2 agency may aggregate education and training activities hours in combination with work activities to allow participants access to approved training programs which may require more than 10 hours per week within the first months of participation in a CSJ. The FEP shall modify the participant’s employability plan to reflect the aggregated education and training activities hours. Failure to participate in the aggregated education and training activities hours without good cause as determined by the FEP may result in application of a sanction under s. DCF 101.18 (1) (b).

(d) Motivational training. A Wisconsin works agency may require a CSJ participant, during the first 2 weeks of participation under this subsection, to participate in an assessment and motivational training program identified by the community steering committee under s. 49.143 (2) (a), Stats. The Wisconsin works agency may require not more than 40 hours of participation per week under this paragraph in lieu of the participation requirement under par. (c).

(e) Time-limited participation.

An individual may participate in a community service job for a maximum of 6 months, with an opportunity for a 3-month extension under circumstances approved by the department. An individual may participate in more than one community service job, but may not exceed a total of 24 months of participation under this subsection. The months need not be consecutive.
The department, or the Wisconsin works agency with the approval of the department, may grant an extension to the 24-month limit on a case-by-case basis if the Wisconsin works agency determines that the individual has made all appropriate efforts to find and accept unsubsidized employment and has been unable to find unsubsidized employment because local labor market conditions preclude a reasonable employment opportunity in unsubsidized employment for that participant, as determined by a Wisconsin works agency and approved by the department, and if the Wisconsin works agency determines, and the department agrees, that no trial employment match program job opportunities are available in the specified local labor market.

(f) Worker’s compensation. A participant under this subsection is an employee of the Wisconsin works agency for purposes of worker’s compensation coverage, except to the extent that the person for whom the participant is performing work provides worker’s compensation coverage.

(4) Transitional placement.

(a) Additional eligibility criteria. An individual is eligible to participate in a transitional placement under this subsection if, in addition to meeting the eligibility requirements under s. DCF 101.09 (2) to (4), the W-2 agency determines that any of the following conditions are met with respect to the individual:

The individual is incapable of performing a trial employment match program job or community service job.
On the basis of an independent assessment by the division of vocational rehabilitation or similar agency or business, that the individual has been incapacitated, or will be incapacitated, for a period of at least 60 days.
The individual is needed in the home because of the illness or incapacity of another member of the Wisconsin works group.

(b) Assignment to activities.

The Wisconsin works agency shall assign a transitional placement participant to work activities such as a community rehabilitation program, work experience and training activities similar to those included under s. DCF 101.16 (3) or a volunteer activity.
A Wisconsin works agency may require a participant under this subsection to participate in any of the following:

a. An alcohol and other drug abuse evaluation, assessment, and treatment program.

b. Mental health activities. In this subparagraph, “mental health activities” means activities prescribed by an appropriate mental health care professional such as a psychiatrist including evaluation by a health professional such as a physician, therapy and medication management.

c. Counseling or physical rehabilitation activities.

d. Other activities that the Wisconsin works agency determines are consistent with the capabilities of the individual.

(c) Time-limited participation. An individual may participate in a transitional placement for a maximum of 24 months. The months need not be consecutive. This period may be extended on a case–by–case basis by the department or by the Wisconsin works agency with the approval of the department if the participant has made all appropriate efforts to find unsubsidized employment by participating in all assigned activities and significant barriers prevent advancement to a higher W-2 employment position or unsubsidized employment.

(d) Education or training activities.

The Wisconsin works agency may require a transitional placement participant to participate in education and training activities assigned as part of an employability plan developed by the Wisconsin works agency.
Permissible education and training shall include only the following:

a. A course of study meeting the standards established under s. 115.29 (4), Stats., for the granting of a declaration of equivalency of high school graduation.

b. Technical college courses.

c. Educational courses that provide an employment skill.

d. English as a 2nd language courses that the Wisconsin works agency determines would facilitate an individual’s efforts to obtain employment.

e. Adult basic education courses that the Wisconsin works agency determines would facilitate an individual’s efforts to obtain employment.

f. Employer-sponsored training.

(e) Required hours.

Except as provided in par. (f) and s. 49.147 (5) (bt) and (5m), Stats., a Wisconsin works agency may require a participant placed in a transitional placement to engage in activities under par. (b) 1. for up to 40 hours per week. Except as provided in subd. 2., a Wisconsin works agency may require a participant placed in a transitional placement to participate in education or training activities under par. (d) for not more than 12 hours per week, but may not require a participant placed in a transitional placement to participate in more than 40 hours per week in combined activities.
A W-2 agency may aggregate education and training activities hours in combination with work activities to allow participants access to approved training programs which may require more than 12 hours per week within the first months of participation in a transitional placement. The FEP shall modify the participant’s employability plan to reflect the aggregated education and training activities hours. Failure to participate in the aggregated education and training activities hours without good cause, as determined by the FEP, may result in application of a sanction under s. DCF 101.18 (1) (c).

(f) Motivational training. A Wisconsin works agency may require a participant, during the first 2 weeks of participation under this subsection, to participate in an assessment and motivational training program identified by the community steering committee under s. 49.143 (2) (a), Stats. The Wisconsin works agency may require not more than 40 hours of participation per week under this paragraph in lieu of the participation requirement under par. (e).

(g) Worker’s compensation. A participant under this subsection is an employee of the Wisconsin works agency for purposes of worker’s compensation coverage, except to the extent that the person for whom the participant is performing work provides worker’s compensation coverage.

History

Cr. Register, October, 1997, No. 502, eff. 11-1-97; CR 02-050: cr. (3) (b) 6. and (4) (d) 2. f., am. (4) (c) Register January 2003 No. 565, eff. 2-1-03; corrections in (1) (a) 2., (2) (d), (3) (c) 2., (4) (a) (intro.), (b) 1. and (e) 2. made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; CR 13-015: cr. (1) (am) Register May 2014 No. 701, eff. 6-1-14; correction in (3) (d), (4) (f) made under s. 13.92 (4) (b) 7., Stats., Register June 2018 No. 750; CR 21-090: am. (4) (a) (intro.) Register July 2022 No. 799, eff. 8-1-22; CR 21-091: am. (1) (a) 1., 3., (b), (2) (title), (a), (b) 1., (c), (e) 1., (3) (c) 1., (e) 2., (4) (a) 1., (e) 1. Register July 2022 No. 799, eff. 8-1-22; CR 26-012: am. (3) (c) 1., (4) (e) 1. Register May 2026 No. 845, eff. 6-1-26.

Wis. Admin. Code § DCF 101.17 Job access loan {#sec-dcf-101.17 omnilex-key=us-wi-regs-official--agency-dcf--DCF 101.17}

(1) Eligibility criteria. An individual is eligible to receive a job access loan if, in addition to meeting the eligibility requirements under s. DCF 101.09 (2) to (4), all of the following conditions are met with respect to the individual:

(a) The individual needs the loan to address an immediate and discrete financial crisis. The crisis may not be the result of the individual’s failure to accept a bona fide offer of employment or the individual’s termination of a job without good cause.

(b) The individual needs the loan to obtain or continue employment. Fulfillment of this requirement includes a loan that is needed to repair or purchase a vehicle that is needed to obtain or continue employment.

(c) The individual is not in default with respect to the repayment of any previous job access loan or repayment of any grant or wage overpayments under s. DCF 101.16.

(d) The individual is not a migrant worker.

(2) Terms.

(a)

W-2 agencies shall issue a job access loan to an eligible individual in an amount not less than $25 and not more than $1600 in any 12-month period.
The maximum allowable amount for all loans and the maximum allowable outstanding balance for each individual receiving a job access loan shall be $1600.

(b) The Wisconsin works agency shall establish and maintain procedures that will expedite eligibility determinations and make emergency payments within 24 to 96 hours of loan approval, when necessary.

(c) The loan applicant shall present to the Wisconsin works agency for approval a repayment plan for each loan which incorporates the maximum level of cash repayment and the shortest repayment period that the Wisconsin works agency determines feasible.

(d)

a. The participant may repay a job access loan in cash or through a combination of cash and volunteer in-kind community work approved by the W-2 agency valued at the higher of the state or federal minimum wage rate. At least 25 percent of the loan amount shall be repaid in cash. Participants whose repayment plan includes volunteer work shall find the volunteer opportunity, obtain prior authorization from the Wisconsin works agency and arrange and pay for any needed child care.

b. The W-2 agency shall determine a minimum monthly repayment amount for each loan. Repayment plans may be renegotiated by the agency if there is a significant change of circumstances of the borrower.

The participant shall repay a job access loan within a 12-month period except that the repayment period may be extended to a maximum of 24 months if the participant requests an extension and the W-2 agency determines that it is appropriate.
The Wisconsin works agency shall provide monthly notices to clients of payments received and the outstanding balance.

(3) Minor custodial parents. An individual who would be eligible for a job access loan under sub. (1), except that the individual has not attained the age of 18, is eligible under this subsection if the individual meets the following requirements:

(a) The individual is in one of the following supervised, alternative living arrangements:

Kinship care under s. 48.57 (3m), Stats.
Foster home as defined under s. 48.02 (6), Stats.
Group home as defined under s. 48.02 (7), Stats.
An adult supervised independent living arrangement approved by the W-2 agency. In this subdivision, “adult-supervised independent living arrangement” means a setting approved by the W-2 agency in which a minor custodial parent is supervised by an on-site house parent.

(b) The individual has graduated from high school or has met the standards established by the department of public instruction for the granting of a declaration of equivalency of high school graduation under s. 115.29 (4), Stats.

Note: See s. 49.147 (6) (am), Stats., regarding vehicle loan requirements and s. 49.147 (6) (e), Stats., regarding eligibility for noncustodial parents.

History

Cr. Register, October, 1997, No. 502, eff. 11-1-97; am. (1) (b), Register, January, 2001, No. 541, eff. 2-1-01; CR 06-044: am. (2) (a) 1., Register November 2006 No. 611, eff. 12-1-06; corrections in (1) (intro.) and (c) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; CR 21-090: am. (1) (intro.) Register July 2022 No. 799, eff. 8-1-22.

Wis. Admin. Code § DCF 101.18 W-2 employment position wages and benefits {#sec-dcf-101.18 omnilex-key=us-wi-regs-official--agency-dcf--DCF 101.18}

(1) Benefit levels for participants in employment positions. A participant in a Wisconsin works employment position shall receive the following wages or benefits:

(a) Trial employment match program jobs. For a participant in a trial employment match program job, the amount established in the contract between the Wisconsin works agency and the trial employment match program employer, but not less than minimum wage for every hour actually worked in the trial employment match program job, not to exceed 40 hours per week paid by the employer. Hours spent participating in education and training activities under s. DCF 101.16 (2) (c) shall be included in determining the number of hours actually worked.

(b) Community service jobs. For a participant in a community service job, a monthly grant in the amount provided under s. 49.148 (1) (b), Stats. For every hour that the participant misses work or education or training activities without good cause including any activity under s. DCF 101.16 (3) (c) 2., the Wisconsin works agency shall reduce the grant amount by the amount provided under s. 49.148 (1) (b), Stats. Good cause shall be determined by the financial and employment planner as provided under s. DCF 101.20.

(c) Transitional placements. For a participant in a transitional placement, a monthly grant in the amount provided under s. 49.148 (1) (c), Stats. For every hour that the participant fails to participate in any required activity without good cause, including any activity under s. DCF 101.16 (4) (b) 2., the Wisconsin works agency shall reduce the grant amount by the amount provided under s. 49.148 (1) (c), Stats. Good cause shall be determined by the financial and employment planner as provided under s. DCF 101.20.

(2) Custodial parent of infant.

(a) A custodial parent of a child who is 8 weeks old or less and who meets the eligibility requirements under s. DCF 101.09 (2) to (4) may receive a monthly grant in the amount provided under s. 49.148 (1m), Stats. A Wisconsin works agency may not require a participant under this subsection to participate in a trial employment match program job, CSJ, or transitional placement.

(b) For purposes of the lifetime limit on program participation and benefit receipt under ss. DCF 101.09 (2) (n) and 101.095 and the time limits for participation in a particular Wisconsin works employment position under s. DCF 101.16 (2) (e), (3) (e), or (4) (c), receipt of a grant under this subsection has the following effect:

The grant does not constitute participation in a Wisconsin works employment position if the child described in sub. (1) is born to the participant not more than 10 months after the date that the participant was first determined to be eligible for AFDC or for a Wisconsin works employment position.
The grant constitutes participation in a Wisconsin works employment position if the child described in sub. (1) is born to the participant more than 10 months after the date that the participant was first determined to be eligible for AFDC or for a Wisconsin works employment position, unless any of the following conditions are met:

a. The child was conceived as a result of a sexual assault in violation of s. 940.225 (1), (2), or (3), Stats., or in violation of s. 948.02 or 948.025, Stats., and the sexual assault has been reported to a physician and to law enforcement authorities.

b. The child was conceived as a result of incest in violation of s. 944.06 or 948.06, Stats., and the incest has been reported to a physician and to law enforcement authorities.

History

Cr. Register, October, 1997, No. 502, eff. 11-1-97; correction made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; CR 18-016: am. (2) (a), r. and recr. (2) (b) Register October 2021 No. 790, eff. 11-1-21; CR 21-090: am. (2) (a) Register July 2022 No. 799, eff. 8-1-22; CR 21-091: am. (1) (a), (2) (a) Register July 2022 No. 799, eff. 8-1-22; merger of (2) (a) treatments by CR 21-090 and CR 21-091 made under s. 13.92 (4) (bm), Stats., Register July 2022 No. 799.

Wis. Admin. Code § DCF 101.19 Payment procedures {#sec-dcf-101.19 omnilex-key=us-wi-regs-official--agency-dcf--DCF 101.19}

(1) Designation of payee. CSJ or transitional placement benefits shall be made payable as appropriate to:

(a) The participant.

(b) Spouse of the participant. The spouse shall be living in the home unless designated as protective payee or appointed by a court to be the legal representative.

(2) Protective and vendor payments.

(a) If continued mismanagement of funds is a threat to the health and safety of the child as determined by the FEP, all or part of the CSJ or transitional placement benefit may be a protective payment or part of the CSJ or W-2 T benefit may be a direct payment and part a protective or vendor payment or both. The W-2 agency shall investigate reports of mismanagement before instituting protective or vendor payments.

(b) The W-2 agency shall document in the case record the reason for the authorization of protective or vendor payment and shall show the name of the eligible participant, the name of the protective or vendor payee, and the amount and form of payment authorized.

History

Cr. Register, October, 1997, No. 502, eff. 11-1-97.

Wis. Admin. Code § DCF 101.195 Notice before taking certain actions {#sec-dcf-101.195 omnilex-key=us-wi-regs-official--agency-dcf--DCF 101.195}

(1) Twenty percent or more reduction. Before a Wisconsin works agency may take any action that would result in a 20 percent or more reduction in a participant’s benefits due to nonparticipation with Wisconsin works program requirements, the Wisconsin works agency shall issue a written notice to the participant. The notice shall be issued no later than 5 business days following the department’s notification to the Wisconsin works agency of participants subject to a potential 20 percent or more payment reduction. The notice shall contain all of the following information:

(a) The dates of nonparticipation.

(b) A description of the activities missed.

(d) The amount to be deducted from the benefit for each hour of nonparticipation.

(2) Termination. Before taking any action that would result in termination of a participant’s eligibility to participate in Wisconsin works, a Wisconsin works agency shall issue a written notice to the participant. The notice shall include a date and description of the deficiency, failure, or other behavior that has resulted in the termination of eligibility.

(3) Reasonable time to rectify.

(a) In this subsection, “reasonable time” means within 7 business days after the date of the written notice issued by the Wisconsin works agency under sub. (1) or (2).

(b) A participant who believes the Wisconsin works agency’s decision to reduce benefits or terminate eligibility is in error may, within a reasonable time, provide the Wisconsin works agency with a good cause reason for the deficiency, failure, or other behavior to avoid the reduction of benefits or termination of eligibility.

(c) If the Wisconsin works agency determines the participant had good cause under s. DCF 101.20, the Wisconsin works agency shall take action to restore the participant’s benefits or eligibility to the level determined to be appropriate by the Wisconsin works agency retroactive to the date on which the benefit or eligibility was incorrectly reduced or terminated.

(d) If the participant does not provide the Wisconsin works agency with a good cause reason within a reasonable time or if the Wisconsin works agency determines the participant did not have good cause under s. DCF 101.20, the Wisconsin works agency shall proceed with the proposed action to reduce benefits or terminate eligibility.

History

CR 17-066: cr. Register July 2018 No. 751, eff. 8-1-18.

Wis. Admin. Code § DCF 101.20 Determination of good cause {#sec-dcf-101.20 omnilex-key=us-wi-regs-official--agency-dcf--DCF 101.20}

(1) Good cause circumstances. The FEP shall determine if a W-2 employment participant had good cause for not complying with the W-2 participation requirements or for failing to appear in person or by representative at a scheduled review under s. 49.152 (2), Stats. No good cause shall exist unless the participant provides timely notification of the good cause reason to the FEP. Good cause shall be any of the following circumstances:

(a) A required court appearance, including a required court appearance for a victim of domestic abuse.

(b) Necessary child care is unavailable and the W-2 agency is unable to provide child care or refer the participant to alternate child care arrangements.

(c) Lack of transportation with no reasonable alternative, as determined by the FEP. In determining the reasonableness of transportation alternatives, the FEP shall consider the length of the participant’s commute, participant safety, the cost of the transportation relative to the participant’s income, and other relevant factors.

(d) Participant or W-2 group member’s illness, injury, disability, or incapacity.

(e) Accommodations that have been determined necessary in a formal assessment are not available to allow the participant to complete the assigned activity.

(f) Conflict with another assigned W-2 activity or job search attempts.

(g) Inclement weather that impedes transportation or travel.

(h) School emergency.

(i) Domestic violence issues.

(j) Observance of a religious holiday.

(k) Routine medical or school appointments that cannot be scheduled at times other than during assigned activities.

(L) Child’s school holiday, excluding summer break.

(m) Any day that the worksite or training site is closed due to a site-specific holiday.

(n) Death in the participant’s immediate family. For purposes of this paragraph:

“Immediate family” means a participant’s spouse, nonmarital co-parent, step-parent, grandparent, foster parent, child, step-child, grandchild, foster child, brother and his spouse, sister and her spouse, aunt, uncle, son-in-law, daughter-in-law, cousin, niece and nephew of the participant or the participant’s spouse or nonmarital co-parent, and other relatives of the participant or the participant’s spouse or nonmarital co-parent if these other relatives reside in the same household as the participant.
A participant may be granted good cause for no more than 3 business days if only local travel is necessary to attend the funeral services. A participant may be granted good cause for no more than 7 business days if long-distance travel is required to attend the funeral services. In general, the good cause period may not exceed the week following the death of a member of the participant’s immediate family, but the FEP may lengthen the timeframe for good cause depending upon individual circumstances.

(o) Other circumstances beyond the control of the participant, but only as determined by the FEP. The FEP shall consider what a reasonable employer may allow under its absence policy and hardships that make completing activities and notifying the agency of missed activities more difficult for W-2 participants.

(2) Timely notification. The participant shall notify the FEP of the good cause reason within 7 business days after an absence from a required activity to prevent a payment reduction under s. 49.148 (1) (b) 1., (b) 3., or (c), Stats.

(3) Written documentation. In making a good cause determination, the FEP may require that the W-2 employment position participant provide written documentation that good cause existed before accepting a good cause reason for a participant’s absence from required activities if both of the following apply:

(a) The participant has a pattern of absences of more than 3 consecutive days or more than 5 days in a rolling 30-day period. An absence means being absent from any one required activity. A pattern of absences may include past absences for which a good cause reason was accepted.

(b) The FEP has reason to believe that the participant is misusing the good cause policy.

History

1997, No. 502, eff. 11-1-97; am. (2), Register, January, 2001, No. 541, eff. 2-1-01; correction in (2) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; CR 08-034: r. and recr. Register December 2010 No. 660, eff. 1-1-11; CR 21-091: am. (1) (intro.) Register July 2022 No. 799, eff. 8-1-22.

Wis. Admin. Code § DCF 101.21 Sanctions — Refusal to participate {#sec-dcf-101.21 omnilex-key=us-wi-regs-official--agency-dcf--DCF 101.21}

(1) In this section:

(a) “Appropriate” means consistent with an individual’s employability plan.

(b) “Employer” means a person, entity, or Wisconsin works agency that provides employment for an individual.

(d) “Individual” means a participant in a Wisconsin works employment position or a second parent in the participant’s Wisconsin works group who is subject to a work requirement under s. DCF 101.27.

(e) “Misconduct” means one or more actions or conduct evincing such willful or wanton disregard of an employer’s interests as is found in deliberate violations or disregard of standards of behavior which an employer has a right to expect of its employees, or in carelessness or negligence of such degree or recurrence as to manifest culpability, wrongful intent, or evil design of equal severity to such disregard, or to show an intentional and substantial disregard of an employer’s interests, or of an employee’s duties and obligations to an employer. In addition, “misconduct” includes any of the following:

A violation by an individual of an employer’s reasonable written policies concerning the use of alcohol beverages, controlled substances defined in s. 961.01(4), Stats., or controlled substance analogs defined in s. 961.01 (4m), Stats.
Theft of an employer’s property or services with intent to deprive the employer of the property or services permanently, theft of currency of any value, felonious conduct connected with an individual’s employment with an employer, or intentional or negligent conduct by an individual that causes substantial damage to an employer’s property.
Conviction of an individual of a crime, while on or off duty, if the individual is unable to perform the duties that the individual performs for an employer due to the conviction.
One or more threats or acts of harassment, assault, or other physical violence by an individual at an employment site.
Use of profane or abusive language directed toward staff or others at an employment site.

(f) “Participation period” means the 16th of one month to the 15th of the next month.

(g) “Training” means education or training assigned by the Wisconsin works agency under s. 49.147 (3) (am), (4) (am), or (5) (bm), Stats.

(2) A Wisconsin works agency shall provide to each individual in the program a written description of the following:

(a) The individual’s obligation to participate in assigned activities.

(b) The actions under sub. (3) that demonstrate a refusal to participate.

(c) The individual’s ineligibility to participate in the Wisconsin works program for 3 months if an individual in the Wisconsin works group demonstrates a refusal to participate.

(3) An individual demonstrates a refusal to participate if the individual does any of the following:

(a) Is discharged from employment for misconduct or engages in misconduct on the premises of an employer.

(b) Fails to appear or appears more than 15 minutes after the scheduled start time of an interview with a prospective employer, a job fair, or a meeting with a prospective employer that was arranged by the Wisconsin works agency.

(d) Appears for an interview or a meeting with a prospective employer wearing inappropriate attire or exhibiting inappropriate grooming after receiving written or oral directions or training on appropriate attire and grooming.

(e) Fails to complete a job application required by a prospective employer.

(f) Communicates to a prospective employer an unreasonable requirement for salary, hours of employment, or working conditions that disqualifies the individual from employment with that employer.

(g) Provides incorrect or incomplete information regarding employment qualifications in an interview or job application that disqualifies the individual from employment with the prospective employer after receiving written or oral directions or training from the Wisconsin works agency regarding interviewing and filling out employment applications.

(h) Voluntarily leaves appropriate employment or refuses a bona fide offer of appropriate employment.

(i) Is a member of a Wisconsin works group whose benefit has been reduced by 20 percent or more under s. 49.148 (1) (b) or (c), Stats., for 2 consecutive participation periods or for 3 non-consecutive participation periods in a rolling 6-month period.

(j) Refuses or fails to follow a verbal or written direction from Wisconsin works agency staff or staff at an employment site.

(k) Uses vulgar or profane language or engages in abusive behavior directed towards staff or others in the Wisconsin works agency or employment site.

(L) Violates written work rules developed by the employer, if the work rules were provided to the individual and there is a signed acknowledgement of receipt of the work rules in the individual’s case record.

(4) Notwithstanding sub. (3) (intro.), an individual who does any of the actions specified in sub. (3) (a) to (L) does not demonstrate a refusal to participate if the Wisconsin works agency determines that the individual has good cause under s. DCF 101.20.

History

Cr. Register, October, 1997, No. 502, eff. 11-1-97; am. (1) (a) and (b) (intro.), Register, July, 2000, No. 535, eff. 8-1-00; corrections in (1) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; CR 17-066: r. and recr. (1) Register July 2018 No. 751, eff. 8-1-18; correction in (1) (a) (intro.) made under s. 13.92 (4) (b) 7., Stats., Register July 2018 No. 751; CR 21-091: renum. (1) to DCF 101.21, r. (2) Register July 2022 No. 799, eff. 8-1-22; correction in (1) (intro.), (2) (b), (4) made under s. 13.92 (4) (b) 7., Stats., Register July 2022 No. 799.

Wis. Admin. Code § DCF 101.23 Recovery of overpayments {#sec-dcf-101.23 omnilex-key=us-wi-regs-official--agency-dcf--DCF 101.23}

(1) Definitions. In this section:

(a) “Administrative error” means an error committed by an agency or the department in determining benefits given under s. 49.148, 49.155, 49.157, or 49.19, Stats., that results in an overpayment.

(b) “Client error” means an error caused by an individual who is a member of a W-2 or AFDC group reporting incorrect information or failing to report information due to misunderstanding or mistake that results in an overpayment under s. 49.148, 49.155, 49.157, or 49.19, Stats.

(c) “Complies with the payment schedule” as used in s. 49.195 (3m) (h), Stats., means the debtor submits each payment due on an overpayment so that it is received by the department by the due date every month over the life of the debt.

(d) “Debtor” means a liable person who received an overpayment of benefits under s. 49.148, 49.155, 49.157, or 49.19, Stats., and has not repaid it in full.

(e) “Disposable earnings” means that part of the earnings of any debtor after the deduction from those earnings of any amounts required by law to be withheld, any life, health, dental or similar type of insurance premiums, union dues, any amount necessary to comply with a court order to contribute to the support of minor children, and any levy, wage assignment, or garnishment executed prior to the date of a levy under this section.

(f) “Intentional program violation” means an individual who is a member of a W-2 or AFDC group intentionally made a false or misleading statement or misrepresented, concealed, or withheld facts that resulted in an overpayment under s. 49.148, 49.155, 49.157, or 49.19, Stats. An intentional program violation may be determined based on an administrative hearing, a court finding, a signed waiver of an administrative hearing for an alleged intentional program violation, or a consent agreement in lieu of prosecution based on the same facts or events as the intentional program violation.

(g) “Overpayment” or “debt” means any benefit or payment received under s. 49.148, 49.155, 49.157, or 49.19, Stats., in an amount greater than the amount that the individual, AFDC assistance group, or W-2 group was eligible to receive under applicable statutes and rules, regardless of the reason for the overpayment. An overpayment may be the result of client error, administrative error, or intentional program violation.

(h) “Recoupment” means the process of repayment of an overpayment by the department withholding a portion of a W-2 participant’s grant under s. 49.148, Stats.

(2) Overpayment determination and notice.

(a) A county, tribal governing body, W-2 agency, or the department shall determine whether an overpayment has been made under s. 49.148, 49.155, 49.157, or 49.19, Stats., and if so, the amount of the overpayment.

(b) The county, tribal governing body, W-2 agency, or department shall send notice of the overpayment at the address of a debtor as it appears on the records of the department. Documentation that a county, tribal governing body, W-2 agency, or the department properly mailed the notice to the address of the debtor as it appears on the records of the department and that it was not returned as undeliverable shall be prima facie evidence that notice was delivered and received.

(c) The notice shall include the reason for the overpayment, the time period in which the overpayment occurred, the amount of the overpayment, and notice of the right to appeal the overpayment determination.

(d) The department shall give the debtor an opportunity for review following the procedure specified under s. 49.152 (2), Stats., if the debtor received the overpayment under s. 49.148 or 49.157, Stats., or for a hearing under ch. 227, Stats., if the debtor received an overpayment under s. 49.155 or 49.19, Stats.

(3) Liability.

(a) Liability shall extend to any parent, nonmarital coparent, or stepparent whose family receives benefits under s. 49.148, 49.155, 49.157, or 49.19, Stats., during the period that the parent, nonmarital coparent, or stepparent is an adult member of the same household, but each individual’s liability is limited to that period. For the purpose of determining liability for an overpayment of a child care subsidy under s. 49.155, Stats., “parent” has the meaning given in s. 49.155 (1) (c), Stats.

(b) Liability for repayment of an overpayment shall be joint and several.

(c) Liability for overpayments caused by administrative error shall be limited to one year prior to the date that the agency or department discovers the error for overpayments determined on or after August 1, 2005.

(4) Simultaneous collection. A county, tribal governing body, W-2 agency, or the department may recover an overpayment by more than one method of collection at the same time.

(5) Recoupment from current w-2 participants.

(a) Administrative error and client error.

If any overpayment of benefits paid under s. DCF 101.18 (1) (b) or (c) is due to administrative error or client error, the W-2 agency or the department shall recoup the overpayment from a debtor who continues to receive benefits under s. DCF 101.18 (1) (b) or (c) by reducing the amount of the benefits amount by no more than 10%.
The debtor may make a voluntary repayment in addition to the amount withheld from the benefit under subd. 1.
The county, tribal governing body, or W–2 agency shall ask a debtor who has received an overpayment to voluntarily repay the overpayment. If the debtor fails to pay voluntarily, the county, tribal governing body, or W–2 agency shall refer the debt to the department for further collection efforts.

(b) Overpayments caused by intentional program violations. If an overpayment of benefits under s. DCF 101.18 (1) (a), (b), or (c), is the result of an intentional violation of ss. 49.141 to 49.161, Stats., or this chapter, the W–2 agency or the department shall recoup the overpayment from the debtor by deducting an amount from the debtor’s benefits received under s. DCF 101.18 (1) (a), (b), or (c) until the overpayment is recovered. The amount to be deducted each month may not exceed the following:

For intentional program violations resulting in an overpayment that is less than $300, the amount to be deducted may not exceed 10% of the monthly benefit payment.
For intentional program violations resulting in an overpayment that is at least $300 but less than $1,000, the amount to be deducted may not exceed $75.
For intentional program violations resulting in an overpayment that is at least $1,000 but less than $2,500, the amount to be deducted may not exceed $100.
For intentional program violations resulting in an overpayment that is $2,500 or more, the amount to be deducted may not exceed $200.

(6) Trial employment match program overpayments. The W–2 agency shall recover any overpayment of benefits paid under s. DCF 101.18 (1) (a) from the debtor. The W-2 agency may not recover more than the amount that the W-2 agency or the department paid in wage subsidies for the debtor while the debtor was ineligible to participate under s. DCF 101.16 (2). The W–2 agency shall ask a former participant in a trial employment match program job who received overpayments to voluntarily repay the overpayment. If a former participant does not voluntarily repay the overpayment, the W–2 agency shall refer the debt to the department for further collection action.

(7) Effect of restitution payments. A debtor’s payments to the department as part of a restitution agreement under s. 973.20, Stats., arising out of the facts or events that are the basis for the overpayment owed to the department shall be applied to the liability owed to the department, but a debtor’s completion of probation or fulfillment of the restitution agreement shall not limit or impair the ability of the department to collect any remaining balance on the debt.

(8) Delinquency. A debt shall be considered delinquent if the department does not receive a debtor’s payment by the due date 3 times over the life of the debt. A delinquent debt may be subject to warrant and execution under s. 49.195 (3m), Stats.; levy under s. 49.195 (3n), Stats.; setoff against a refund under ss. 49.85 and 71.93, Stats.; and other authorized collection methods. The department may recover a delinquent debt by more than one means of collection at the same time. A delinquent debt retains delinquent status regardless of any future payment on the debt.

Note: The limitation on using warrant and execution and levy only when a debtor has not complied with the payment schedule 3 times is not required by statute. Because the department is limiting the use of warrant and execution and levy to debtors who have not complied with a payment schedule, the withdrawal of a warrant when the debtor does comply with the payment schedule under s. 49.195 (3m) (h), Stats., will not occur.

(9) Warrant and execution under section 49.195 (3m), stats.

(a) Creation of lien.

If a debt for repayment of an overpayment under s. 49.148, 49.155, 49.157, or 49.19, Stats., is delinquent under sub. (8) and no review or appeal rights under sub. (2) are pending and the time for requesting a review has expired, the department may issue a warrant directed to the clerk of circuit court of any county.
The clerk of circuit court shall enter in the judgment and lien docket the name of the debtor named in the warrant, the amount for which the warrant is issued, and the date on which the clerk entered the information.
The department shall pay the fees required under s. 814.61 (5), Stats., for entering the warrant and shall collect the fees from the debtor named in the warrant when satisfaction or release is presented for entry.
A warrant issued under subd. 2. shall be considered in all respects a final judgment constituting a perfected lien upon the debtor’s right, title, and interest in all real and personal property located in the county in which the warrant is entered.
The department shall provide the debtor with notice and an opportunity for a hearing under ch. 227, Stats., when a warrant has been issued. The debtor may request a hearing under ch. 227, Stats., within 20 days from the date on the notice. The appeal shall be limited to questions of prior payment of the debt that the department is proceeding against and mistaken identity of the debtor. The department may not withdraw a warrant based on a request for hearing.

(b) Execution of the warrant.

After the warrant is issued and no review or appeal rights under par. (a) 4. are pending and the time for requesting a review has expired, the department may file an execution with the clerk of circuit court for filing with the sheriff of the county, commanding the sheriff to execute the warrant and sell sufficient real and personal property of the debtor to pay the amount stated in the warrant in the same manner as upon an execution against property issued upon the judgment of a court of record, and to return the warrant to the department and pay to it the money collected by virtue of the warrant within 90 days after receipt of the warrant. The execution may not command the sheriff to levy upon or sell any property that is exempt from execution under ss. 815.18 (3) and 815.20, Stats.
The department shall provide the debtor with notice and an opportunity for a hearing under ch. 227, Stats., before property is seized. The debtor may request a hearing under ch. 227, Stats., within 20 days from the date on the notice. The appeal shall be limited to questions of prior payment of the debt that the department is proceeding against and mistaken identity of the debtor. The department may not cease enforcement or seizure based on a request for hearing.
The department shall provide the debtor with notice and an opportunity for a hearing under ch. 227, Stats., before seized property is sold. The debtor may request a hearing under ch. 227, Stats., within 20 days from the date on the notice. The appeal shall be limited to questions of prior payment of the debt that the department is proceeding against and mistaken identity of the debtor. If a hearing is requested, the department shall notify the sheriff that seized property may not be sold before the hearing decision is issued or the hearing request is withdrawn.

(c) Satisfaction of the warrant. When the amount set forth in the warrant and all costs due the department have been paid to it, the department shall issue a satisfaction of the warrant and file it with the clerk of circuit court. The clerk of circuit court shall immediately enter a satisfaction of the judgment on the judgment and lien docket. The department shall send a copy of the satisfaction to the person named in the warrant.

(10) Levy under section 49.195 (3n), stats.

(a) Definition. In this subsection, “personal property” means all tangible and intangible property and rights to such property that is not real estate, including compensation paid or payable for personal services, whether denominated as wages, salary, commission, bonus or otherwise; periodic payments received pursuant to a pension or retirement program; rents; proceeds of insurance; contract payments; stock and bonds; and accounts in financial institutions.

(b) Notice prior to levy.

If a debt for repayment of an overpayment under s. 49.148, 49.155, 49.157, or 49.19, Stats., is delinquent under sub. (8) and no review or appeal rights under sub. (2) are pending and the time for requesting a review has expired, the department shall give notice to the debtor that the department may pursue legal action for collection of the debt.
The department shall make the demand for payment and give notice to the debtor at least 10 days prior to the levy, personally or by any type of mail service that requires a signature of acceptance, at the address of the debtor as it appears on the records of the department. The demand for payment and notice shall include a statement of the amount of the debt, including interest and penalties, and the name of the debtor who is liable for the debt.
The debtor’s refusal or failure to accept or receive the notice does not prevent the department from making the levy.
Notice prior to levy is not required for a subsequent levy on any debt of the same debtor within one year of the date of service of the original levy.

The department may collect the debt and the expenses of the levy by levy upon any personal property belonging to the debtor.
The department shall serve the levy upon the debtor and any 3rd party in possession of or obligated with respect to property or rights to property that is subject to levy by personal service or by any type of mail service that requires a signature of acceptance as provided in s. 49.195 (3n) (m), Stats. The debtor or 3rd party’s failure to accept or receive service of the levy does not invalidate the levy.
Any debtor who is subject to a levy proceeding made by the department has the right to appeal the levy proceeding under ch. 227, Stats., within 20 days from the date on the service of levy. The appeal shall be limited to questions of prior payment of the debt that the department is proceeding against and mistaken identity of the debtor. The levy is not stayed pending an appeal where property is secured through the levy.

(d) Third-party response.

Within 20 days from the service of the levy upon a 3rd party, the 3rd party shall file an answer with the department stating whether the 3rd party is in possession of or obligated with respect to property or rights to property of the debtor, including a description of the property or the rights to property and the nature and dollar amount of any such obligation.
Any person in possession of or obligated with respect to personal property or rights to personal property that is subject to levy and upon which a levy has been made shall, upon demand of the department, surrender the personal property or rights or discharge the obligation to the department, except that part of the personal property or rights which is, at the time of the demand, subject to any prior attachment or execution under any judicial process.

(e) Appeal rights before surrendered property is sold. If levied personal property that has been surrendered to the department is not a liquid asset in the form of cash, check, or an equivalent that can be applied to the debt without a sale of the asset, the department shall provide the debtor with notice and an opportunity for a hearing under ch. 227, Stats., before surrendered property is sold. The debtor may request a hearing under ch. 227, Stats., within 20 days from the date on the notice. The appeal shall be limited to questions of prior payment of the debt that the department is proceeding against and mistaken identity of the debtor. If a hearing is requested, surrendered property may not be sold before the hearing decision is issued or the hearing request is withdrawn.

(f) Exemption rights.

The debtor is entitled to an exemption from levy of the greater of the following:

a. A subsistence allowance of 75% of the debtor’s disposable earnings then due and owing.

b. An amount equal to 30 times the federal minimum hourly wage for each full week of the debtor’s pay period.

c. An amount equal to 60 times the federal minimum hourly wage for a two-week pay period.

d. An amount equal to 130 times the federal minimum hourly wage for a monthly pay period.

The first $1,000 of an account in a depository institution is exempt from any levy to recover a benefit overpayment.

(g) Proceeds.

The department shall apply all money obtained under this subsection first against the expenses of the proceedings and then against the liability for which the levy was made and any other liability owed to the department by the debtor.
Whenever the value of any personal property that has been levied upon under this subsection is not sufficient to satisfy the claim of the department, the department may levy upon any additional personal property of the debtor until the debt and expenses of the levy are fully paid.
The department may refund or credit any amount left after the applications under subd. 1., upon submission of a claim for that amount and satisfactory proof of the claim, to the person entitled to that amount.

(11) Warrant and execution, levy, and tax intercept appeal issues. Any appeal based on a notice in subs. (9) and (10) or a notice of intent to certify a debt for set-off against a state tax refund under s. 49.85, Stats., shall be limited to questions of prior payment of the debt that the department is proceeding against and mistaken identity of the debtor.

(12) Threshold for warrant and execution and levy. The minimum amount that must be due before collection proceedings under subs. (9) and (10) may be commenced is $300.

(13) Waiver. The department may waive recovery of an overpayment under this section if the department has made reasonable efforts to recover the overpayment from the debtor and determines it is no longer cost effective to continue overpayment recovery efforts.

History

Cr. Register, October, 1997, No. 502, eff. 11-1-97; CR 04-123: r. and recr. Register July 2005 No. 595, eff. 8-1-05; corrections in (5) (a) 1., (b) (intro.) and (6) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; CR 21-091: am. (3) (a), (6) Register July 2022 No. 799, eff. 8-1-22.

Wis. Admin. Code § DCF 101.25 Learnfare {#sec-dcf-101.25 omnilex-key=us-wi-regs-official--agency-dcf--DCF 101.25}

(1) Authority and purpose. This section is adopted under the authority of ss. 49.26 (1) (gm) 2. and (h) 1., Stats., to provide rules for the administration of learnfare, a program that requires that all children ages 6 to 17 whose custodial parent is a participant in a W-2 employment position, who are parents or who are residing with a natural or adoptive parent and who have not graduated from high school or received a high school equivalency diploma meet the school attendance requirements and that minor parents, dropouts, returning dropouts and habitual truants participate in case management to meet Wisconsin works participation requirements.

(2) Applicability. This section applies to:

(a) All school districts and all W-2 agencies.

(b) All children ages 6 to 17 included in a W-2 group who are parents or who are residing with a natural or adoptive parent and all W-2 groups which include a child who is a parent or who is residing with a natural or adoptive parent.

(3) Definitions. In this section:

(a) “Ceased to attend” means that the child has 20 consecutive full school days of unexcused absences.

(b) “Child” means a person who is 6 to 17 years old.

(c) “Dropout” means a child who has ceased to attend school, has not graduated from high school or received a high school equivalency diploma and does not have an acceptable excuse under s. 118.15 (1) (b) to (d) or (3), Stats.

(d) “Enrolled” means a child is officially registered to attend school.

(e) “Excused absence” means that the reason for the absence meets the school district’s definition of a valid reason for the child not to attend school.

(f) “Habitual truant” has the meaning given in s. 118.16 (1) (a), Stats.

Note: “Habitual truant” is defined in s. 118.16 (1) (a), Stats., as “a pupil who is absent from school without an acceptable excuse under sub. (4) and s. 118.15 for part or all of 5 or more days on which school is held during a school semester.”

(g) “High school equivalency diploma” means a certificate of educational achievement issued under s. 115.29 (4), Stats., and ch. PI 5 following completion of a course of study.

(h) “Learnfare” means the program established under s. 49.26, Stats., and this section.

(i) “Learnfare case management” means intervention for the purpose of assessing family needs, incorporating a plan to maintain school enrollment and further school attendance into the learnfare case management plan and assisting in the implementation of the plan for the purpose of maintaining school enrollment and furthering regular school attendance and career preparation by the child.

(j) “Minor parent” means a child who is the parent of a dependent child.

(k) “Returning dropout” means a child who was a dropout and reenrolled in school in the same semester in which the child dropped out of school or the immediately succeeding semester.

(L) “School” has the meaning prescribed in s. 49.26 (1) (a) 2., Stats.

(m) “School attendance officer” has the meaning prescribed in s. 118.16 (1) (b), Stats.

(n) “School attendance requirement” means the child is enrolled in school or was enrolled in the immediately preceding semester.

(o) “School district” means the territorial unit for school administration as specified in s. 115.01 (3), Stats. and includes a nonresident school district approved under s. 118.51, Stats.

(p) “Unexcused absence” means that the reason for the absence does not meet the school district’s definition of a valid reason for the child not to attend school.

(4) Participation in learnfare.

(a) A child shall meet the school attendance requirement except that a child who has graduated from high school or received a high school equivalency diploma is exempt from the school attendance requirement under this section.

(b) A child who is required to participate in learnfare under this section shall be considered to have failed to have met the school attendance requirement if the child is not enrolled in school or was not enrolled in the immediately preceding semester.

(c) The child or the W-2 participant shall cooperate in providing information needed to verify enrollment information or exemption reasons under sub. (7). If neither the child nor the W-2 participant cooperates, the W-2 participant shall be ineligible for a W-2 employment position.

(d) Minor parents, dropouts, returning dropouts, and habitual truants shall participate in case management under sub. (8).

(e) The dropout or the W-2 participant shall notify the agency of the dropout’s nonattendance at school in compliance with s. DCF 101.09 (2) (m).

(5) Agency responsibilities.

(a) The W-2 agency shall review enrollment and attendance information at all initial eligibility determinations and at all reviews under s. DCF 101.16 (2) to (4).

(b) The W-2 agency shall inform the W-2 employment position participant that the signature of the participant on the W-2 application constitutes permission for the release of school enrollment and attendance information by the school district.

(c) The W-2 agency shall request information from the school attendance officer in the child’s school district about the child’s enrollment and attendance in the school district’s current or most recently completed semester of attendance.

(d) The W-2 agency shall use the enrollment and attendance information provided by a school to verify enrollment and attendance for a child.

(e) The W-2 agency shall review a child’s claim that the child is exempt under sub. (7) from the school attendance requirement, determine if a child is required to participate in case management under sub. (8), and review a child’s claim that the child has a good cause reason under sub. (10) for not participating in case management.

(f) The W-2 agency shall administer child care, including applying the appropriate child care co-payment under s. 49.155 (5), Stats., and transportation funds under s. 49.26 (1) (e), Stats. Payment for the cost of transportation to and from the child care provider shall be in the amount equal to the cost of transportation by the most appropriate means as determined by the department or the W-2 agency.

(g) If the child or W-2 participant does not have the power to produce verification of enrollment or good cause for not participating in case management, or requires assistance to do so, the W-2 agency shall proceed immediately to seek the verification.

Note: See DCF 101.11, relating to verification.

(6) School district responsibilities.

(a) The school attendance officer shall provide information to the agency about the enrollment and attendance of a child who is enrolled in the public school in the school district within 5 working days after the date of receipt of the written request from the agency.

(b) The requirement under 20 USC 1232g and s. 118.125 (2), Stats., that written consent be given for a school district to make available the enrollment and attendance records of a pupil shall be met in the case of a child in a W-2 group by the signature of the parent, guardian, caretaker or pupil on the W-2 application for initial eligibility or eligibility redetermination.

(c) The school district shall define how many hours of attendance count as a full and part day and shall provide that definition, upon request, to the agency.

(7) Exemption reasons.

(a) A child who is required to meet the school attendance requirement to meet the learnfare participation requirements under s. 49.26, Stats., shall comply except when exempt which shall be demonstrated by any of the following circumstances:

The minor parent is the caretaker of a child who is less than 45 days old.
The minor parent is the caretaker of a child who is 45 to 89 days old and the minor parent has a physician’s excuse or, child care for the minor parent’s child is required but there is no available on-site day care at the school and the school has no home instruction program.
The minor parent is the caretaker of a child who is 90 or more days old and the minor parent has a physician’s excuse.
Child care services for the minor parent’s child are necessary for the minor parent to attend school but child care licensed under s. 48.65, Stats., certified under s. 48.651, Stats., or established under s. 120.13 (14), Stats., is not available. Child care shall be considered unavailable if there is no space available for the child in day care licensed under s. 48.65, Stats., certified under s. 48.651, Stats., or established under s. 120.13 (14), Stats., within reasonable travel time and distance of the pupil’s home.
Transportation to and from child care is necessary for the minor parent’s child and there is no public or private transportation available.
The child is temporarily excused from school attendance by the school district under s. 118.15 (3), Stats.
The child is prohibited by the school district from attending school and an expulsion under s. 120.13 (1), Stats., is pending. This exemption no longer applies once the child has been formally expelled.
The child is unable to attend school because the child was expelled under s. 120.13 (1), Stats., and another school is not available for one of the following reasons:

a. There is no public or private school within reasonable travel time or distance which will accept the child.

b. There is no public or private transportation available to another school.

c. There is a public or private school which will accept the child but the tuition charge is prohibitive and the child’s school district refuses to pay the tuition.

The child failed to enroll in school for one or more of the reasons in this subdivision:

a. Illness, injury or incapacity of the child or a member of the child’s family. In this subparagraph, “member of the child’s family” means a spouse, dependent child, or parent of the child who lives with the child.

b. Temporary incarceration.

c. The child is on the waiting list for a children-at-risk program under s. 118.153, Stats., and a children-at-risk program that is appropriate for the child is not available.

d. Any other circumstance beyond the control of the child.

(b) Additional exemption reasons may be defined by the department through the review of agency decision process under s. 49.152, Stats.

(8) Learnfare case management.

(a) When a child fails to meet the school attendance requirements or when a child is determined to be a minor parent, dropout, returning dropout, or habitual truant, the W-2 agency shall require the child to participate in case management.

(b) Upon referral or identification of a child for whom case management is required, the W-2 agency shall schedule an initial appointment with the child and the child’s parent to conduct an assessment and complete a learnfare case management plan. The W-2 agency shall schedule the appointment at a time when the appointment will not interfere with the child’s school schedule or the parent’s work schedule. The W-2 agency shall send written notice of the appointment to the child and the child’s parent at least 7 working days before the appointment date. The notice shall clearly state that if the child and the child’s parent are unable to attend, the child or the child’s parent shall contact the W-2 agency before the scheduled appointment date to reschedule the appointment.

(c) If the child and the child’s parent fail to attend or reschedule the initial appointment, the W-2 agency shall send a second and last written notice. This notice shall ask the child or the child’s parent to contact the W-2 agency within 5 working days and shall state that if the child or the child’s parent does not contact the W-2 agency within 5 working days a financial penalty will be imposed.

(d) Case management requirements include the following:

The child and the child’s parent shall participate in the assessment and the development of the learnfare case management plan and the parent shall sign the completed plan.
If the child is a dropout, the child or the child’s parent shall provide verification of the child’s return to school and attendance within 7 working days of the date that a school is available.
The child and the child’s parent shall attend meetings scheduled by the W-2 agency. The W-2 agency shall schedule the meetings times when the meetings will not interfere with the parent’s work schedule. The W-2 agency shall send written notice of a meeting to the child and the child’s parent at least 7 working days before the scheduled meeting date. The notice shall clearly state that if the child and the child’s parent are unable to attend, the child or the child’s parent shall contact the W-2 agency before the scheduled meeting date to reschedule the meeting. If the child and the child’s parent fail to attend or reschedule the meeting, the W-2 agency shall send a second and last written notice. This notice shall ask the child or the child’s parent to contact the W-2 agency within 5 working days and shall state that if the child or the child’s parent does not contact the W-2 agency within 5 working days a financial penalty will be imposed.
If the W-2 agency determines that the child needs special services, the W-2 agency shall make the special services available at a time that does not interfere with the parent’s work schedule. If the parent’s participation is required, the parent shall participate along with the child in the special services activities.
The child or the child’s parent, or both, shall engage in activities identified by the W-2 agency in the learnfare case management plan as necessary to maintain school enrollment or improve school attendance.

(9) Criteria for applying a financial penalty.

(a)

Except as provided under subd. 2., a child who fails to meet the school attendance requirement under sub. (4) without an exemption reason under sub. (7), or who fails to participate in case management under sub. (8) without good cause under sub. (10) and continues to fail to meet the school attendance requirement, may have a financial penalty imposed under sub. (11).
No financial penalty may be imposed under any of the following circumstances:

a. The agency has not made case management available to a child who has failed to meet the school attendance requirement under sub. (4) or who is required to participate in case management under sub. (8).

b. The child or the child’s parent is unable to comply with the learnfare case management plan because a service identified is not available and no appropriate alternative service as determined by the W-2 agency is available.

(b) The W-2 group of a child who fails to meet the school attendance requirement under sub. (4) without an exemption reason under sub. (7), or who fails to participate in case management under sub. (8) without good cause under sub. (10) and continues to fail to meet the school attendance requirement, may have a financial penalty imposed under sub. (11) as long as the child continues to do so or until an exemption reason under sub. (7) or a good cause reason under sub. (10) is verified.

(10) Good cause for not participating in case management.

(a) The W-2 agency shall determine if a child or the child’s parent had good cause for failing to participate in learnfare case management. In making such a determination, the W-2 agency may require the child or the child’s parent to provide written documentation that good cause existed. If the child or the child’s parent does not have the power to produce documentation of good cause, or requires assistance to do so, the W-2 agency shall proceed immediately to seek the documentation.

(b) Good cause for failing to participate in learnfare case management shall be any of the following circumstances:

Child care is needed for the child to participate in case management, but child care is not available.
Transportation is needed to and from child care for the minor parent’s child, but neither public nor private transportation is available.
Court-required appearance, including required court appearances for a victim of domestic abuse, or temporary incarceration.
Observance of a religious holiday.
Death of a relative.
Family emergency.
Illness, injury, or incapacity of the child or a family member living with the child. In this subdivision, “family member” means a spouse, child or parent.
Medical or dental appointment for the minor parent or the minor parent’s child.
Breakdown in transportation.
A review decision under s. 49.152, Stats., identifies circumstances that justify good cause.
Other circumstances beyond the control of the child or the child’s parent, but only as determined by the W-2 agency.

(11) Applying financial penalties.

(a) Notice. Upon determining that a financial penalty is proper under sub. (9), the W-2 agency shall send written notice to the W-2 participant which specifies all of the following:

That the CSJ or transitional benefit will be reduced or that a financial penalty will be imposed on a trial employment match program job participant, in the amount of $50 per month per penalty not to exceed $150 per W-2 group per month, because the child has failed to meet the school attendance requirement or the child has failed to participate in learnfare case management and continues to fail to meet the school attendance requirement.
The child to whom the financial penalty applies.
How the W-2 participant can contact the school district for information regarding the children at risk program under s. 118.153, Stats.
The child’s or W-2 participant’s right to request a review under par. (b), and that if a review is requested within 10 days of the date of the notice, the penalty will not be imposed until after the fact finding review decision.

(b) Review of agency decision. The child or W-2 participant may request a review of an agency decision in accordance with ss. 49.152 and 49.26, Stats., on the W-2 agency’s determination that a financial penalty is proper under sub. (9) If a review is requested within 10 days of the date of the notice of financial penalty, the penalty shall not be imposed until after the fact finding review decision, unless the participant withdraws the petition in writing or abandons the petition.

(c) Effective period of financial penalty. A financial penalty shall be imposed each payment month until the child meets the school attendance requirement or participates in case management or an exemption reason under sub. (4) or a good cause reason under sub. (10) is verified.

History

Cr. Register, October, 1997, No. 502, eff. 11-1-97; emerg. am. eff. 1-2-98; am. (1), (2) (b), (3)(a), (4) (a), (5) (a), (b), (d) and (f), (6) (a) and (b), (7) (a) (intro.) and 1. to 7.,8. (intro.), a. and c., 9. (intro.) a. and b., and (b), (9) (a) 2. (intro.), a. and b.; renum. (3) (b) to (f), (g), (j), (k), (L) and (n) to (3) (c), (e) to (h), (i), (L), (m), (o) and (p) and am., (3) (c), (e), (f) and (h), (4) (b) (intro.) to be (4) (b) and am., (3) (b) and (c) to (f) to be (3) (c) and (e) to (h) and am. (3) (c), (e), (f) and (h), (4) (f) to be (4) (c) and am., (4) (g) to be (4) (e) and am. (5) (c) 1. to be (5) (c) and am. (7) (a) 9. i. to be (7) (a) 9.d. and am., (10) (a), (b), (d) to be (11), (a), (b) and (c), r. (3) (i) and (m), (4) (b) 1. and 2., and (c) to (e), (5) (c) 2., (7) (a) 9. c. to h., (9) (a) 2.c., and (10) (c), (e) and (f); r. and recr. (8), (9) (a) 1. and (b), cr. (3) (b), (d), (j), (k) and (n), (4) (d), (5) (g), (7) (a) 9. c. and (10); Register, October, 1998, No. 514, eff. 11-1-98; corrections in (1), (4) (e), (5) (a), (7) (b) and (11) (b) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; CR 21-091: am. (5) (e), (7) (a) 8. (intro.), (9) (a) 2. b., (b), (11) (a) 1. Register July 2022 No. 799, eff. 8-1-22; correction in (7) (b), (11) (b) made under s. 13.92 (4) (b) 7., Stats., Register July 2022.

Wis. Admin. Code § DCF 101.26 Child care {#sec-dcf-101.26 omnilex-key=us-wi-regs-official--agency-dcf--DCF 101.26}

Foster care payments received pursuant to s. 48.645, Stats., and kinship care payments received pursuant to s. 48.57 (3m) or (3n), Stats., shall not be considered as family income in determining financial eligibility for child care subsidies under s. 49.155 (1m) (c), Stats.

History

Cr. Register, October, 1997, No. 502, eff. 11-1-97; r. and recr. Register, January, 2001, No. 541, eff. 2-1-01; correction in (2) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; EmR1709: emerg. r. (1), renum. (2) to (intro.), eff. 5-4-17; CR 17-033: r. (1), renum. (2) to (intro.), Register January 2018 No. 745, eff. 2-1-18.

Wis. Admin. Code § DCF 101.27 Two-parent families {#sec-dcf-101.27 omnilex-key=us-wi-regs-official--agency-dcf--DCF 101.27}

(1) Requirements for the second parent. If a participant in a Wisconsin works employment position resides with the second parent of a dependent child with respect to whom the participant is a custodial parent, the second parent shall participate in prescribed work activities under sub. (3) if the Wisconsin works group receives federally-funded child care assistance on behalf of the dependent child. The W-2 agency shall inform the second parent all of the following:

(a) The second parent’s participation in W-2 employment and training activities has no effect on the Wisconsin works group’s benefit amount.

(b) The second parent’s refusal to participate in W-2 employment and training activities will result in sanction for the Wisconsin works group pursuant to s. DCF 101.21.

(2) Exceptions. The second parent is not required to participate in employment and training activities if any of the following conditions are met:

(a) The family is not receiving federally-funded child care assistance for a dependent child of the W-2 participant and the second parent.

(b) The second parent is a disabled parent who receives federal or state disability payments or other benefits based on equivalent disability status. Federal or state disability payments include supplemental security income, social security disability insurance, veteran’s disability benefits, and worker’s compensation.

(c) The second parent is caring for a severely disabled dependent child who has a physical, emotional, or mental impairment that is characterized by the need for individually planned and coordinated care, treatment, vocational rehabilitation, or other services and which has resulted or is likely to result in a substantial limitation on the ability to function in at least 3 of the following areas:

Self-care.
Receptive and expressive language.
Learning.
Mobility.
Self-direction.
Capacity for independent living.
Economic self-sufficiency.

(3) Prescribed work activities. The second parent shall participate in any of the following activities for at least the difference between 55 hours and the number of hours the parent in the W-2 employment position participates in any of the following activities:

(a) Unsubsidized employment as defined in s. 49.147 (1), Stats.

(b) Employment subsidized by a source other than Wisconsin works.

(d) On-the-job training funded by a source other than W-2.

(e) A community service job as defined in s. 49.147 (4), Stats.

(4) Optional participation. If the Wisconsin works group is not receiving federally-funded child care assistance for a custodial child of a W-2 participant and second parent, the W-2 agency may offer the second parent the opportunity to participate in work activities. The W-2 agency shall inform the second parent all of the following:

(a) The second parent’s participation in W-2 employment and training activities has no effect on the Wisconsin works group’s benefit amount.

(b) The second parent’s nonparticipation in W-2 employment and training activities will not result in sanction for the Wisconsin works group.

(5) Employability plan. If the second parent participates in W-2 employment or training activities, the W-2 agency shall create an employability plan for the second parent.

History

Cr. Register, July, 2000, No. 535, eff. 8-1-00; correction in (1) (b) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; correction in (3) (a) made under s. 13.92 (4) (b) 7., Stats., Register May 2014 No. 701.

Chapter DCF 102 CHILD SUPPORT COOPERATION FOR W-2

Wis. Admin. Code § DCF 102.01 Authority and purpose {#sec-dcf-102.01 omnilex-key=us-wi-regs-official--agency-dcf--DCF 102.01}

This chapter is adopted pursuant to ss. 49.145 (2) (f) and 49.155 (1m) (b) 1., Stats., for the purpose of administering the requirement that each parent in a Wisconsin works group cooperate with efforts directed at establishing paternity and obtaining support payments or any other payments or property to which that parent and any minor child of that parent may have rights or for which that parent may be responsible, unless the parent has good cause for failing to cooperate.

History

CR 02-039: cr. Register August 2002 No. 560, eff. 9-1-02; CR 18-088: am. Register July 2019 No. 763, eff. 8-1-19.

Wis. Admin. Code § DCF 102.02 Definitions {#sec-dcf-102.02 omnilex-key=us-wi-regs-official--agency-dcf--DCF 102.02}

In this chapter:

(1) “Child support agency” means a county or tribal office, officer, board, department, or agency designated by the county board or elected tribal council to administer the child support, spousal support, and establishment of paternity program on behalf of the department pursuant to s. 59.53 (5), Stats., or a cooperative agreement with the department.

(2) “Custodial parent” has the meaning given in s. 49.141 (1) (b), Stats.

Note: Section 49.141 (1)(b), Stats., provides that “‘Custodial parent’ means, with respect to a dependent child, a parent who resides with that child and, if there has been a determination of legal custody with respect to the dependent child, has legal custody of that child. For the purposes of this paragraph, ‘legal custody’ has the meaning given in s. 767.001 (2)(a).”

(3) “Department” means the department of children and families.

(4) “Domestic abuse” means subjecting an individual or child to any of the following:

(a) Physical acts that result in pain, illness, or injury.

(b) Sexual abuse or sexual assault, including a caretaker relative of a dependent child, (such as a guardian, custodian, or parent) being forced to engage in nonconsensual sexual acts or any sexual activity involving a dependent child.

(d) Emotional or mental abuse.

(e) Verbal abuse.

(f) Deprivation or destruction of physical or economic resources.

(g) Neglect or deprivation of medical care.

(h) Forced isolation.

(i) Stalking or harassment.

(5) “Genetic test” has the meaning given in s. 767.001 (1m), Stats.

Note: Section 767.001 (1m), Stats. provides that “‘Genetic test’ means a test that examines genetic markers present on blood cells, skin cells, tissue cells, bodily fluid cells or cells of another body material for the purpose of determining the statistical probability of an alleged father’s paternity.”

(6) “Good cause” means the criteria set forth in s. DCF 102.05, which permit a parent in a W-2 group to fail to cooperate, without sanction, with efforts directed at establishing paternity and obtaining support payments or any other payments or property to which that parent and any minor child of that parent may have rights or for which that parent may be responsible.

(7) “Mental health professional” means an individual with experience and training in the field of mental health, and includes, but is not limited to, a psychiatrist, a psychologist, and a social worker certified or licensed to provide psychotherapy.

(8) “Noncustodial parent” has the meaning given in s. 49.141 (1) (h), Stats.

Note: Section 49.141 (1) (h), Stats., provides that “‘Noncustodial parent’ means, with respect to a dependent child, a parent who is not the custodial parent.”

(9) “Parent” has the meaning given in s. 49.141 (1) (j), Stats.

Note: Section 49.141 (1)(j), Stats., provides that “‘Parent’ means any of the following:

1. A biological parent.

2. A person who has consented to the artificial insemination of his wife under s. 891.40.

3. A parent by adoption.

4. A man adjudged in a judicial proceeding to be the biological father of a child if the child is a nonmarital child who is not adopted or whose parents do not subsequently intermarry under s. 767.803

5. A man who has signed and filed with the state registrar under s. 69.15 (3)(b)3. a statement acknowledging paternity.”

(10) “Wisconsin works” or “W-2” has the meaning given in s. 49.141 (1) (p), Stats.

Note: Section 49.141 (1) (p), Stats. provides that “‘Wisconsin works’ means the assistance program for families with dependent children, administered under ss. 49.141 to 49.161.”

(11) “Wisconsin works agency” or “W-2 agency” means the following:

(a) For the purpose of the Wisconsin works program under ss. 49.141 to 49.161, Stats., excluding s. 49.155, Stats., a person, county agency, tribal governing body, or a private agency contracted under s. 49.143, Stats., by the department to administer the W-2 program.

(b) For the purpose of the child care subsidy program under s. 49.155, Stats., a child care administrative agency under ch. DCF 201.

(12) “Wisconsin works group” or “W-2 group” has the same meaning as the following:

(a) For the purpose of the Wisconsin works program under ss. 49.141 to 49.161, Stats., excluding s. 49.155, Stats., the meaning specified under s. 49.141 (1) (s), Stats.

(b) For the purpose of the child care subsidy program under s. 49.155, Stats., the same meaning as “assistance group” under s. DCF 201.02.

History

CR 02-039: cr. Register August 2002 No. 560, eff. 9-1-02; corrections in (3), (6) and (11) made under s. 13.92 (4) (b) 6. and 7., Stats., Register November 2008 No. 635; CR 18-088: r. and recr. (11), (12) Register July 2019 No. 763, eff. 8-1-19.

Wis. Admin. Code § DCF 102.03 Cooperation as a condition of eligibility {#sec-dcf-102.03 omnilex-key=us-wi-regs-official--agency-dcf--DCF 102.03}

(1) Cooperation requirements.

(a) Custodial parent. Unless the W-2 agency determines that a good cause exemption applies, each custodial parent who is a member of a Wisconsin works group shall cooperate in good faith with efforts directed at all of the following for any minor child of that parent:

Identifying and locating an absent parent.
Establishing the paternity of any child of the custodial parent.
Obtaining any support payments or any other payments or property to which that parent and any minor child of that parent may have rights.

(b) Noncustodial parent. Unless the W-2 agency determines that a good cause exemption applies, each noncustodial parent who is a member of a Wisconsin works group shall cooperate in good faith with efforts directed at all of the following for any minor child of that parent:

Establishing the paternity of an alleged child of that parent.
Obtaining any support payments or any other payments or property for which that parent may be responsible.

(2) Acts of cooperation.

(a) Custodial parent. Acts of cooperation for a custodial parent include any action that is relevant to achieve the purposes in sub. (1) (a) including all of the following:

Providing verbal information, written information, or other evidence that the custodial parent knows, possesses, or might reasonably obtain or signing an affidavit declaring a lack of information, subject to penalty of false swearing pursuant to s. 946.32, Stats.
Attending interviews and responding to written requests for information by the child support agency.
Appearing as a witness at hearings or other legal proceedings.
Submitting to genetic tests pursuant to judicial or administrative order.
Paying to the department or its designee any court-ordered child support payments received directly from the absent parent after an assignment under s. 49.145 (2) (s), Stats., has been made.

(b) Noncustodial parent. Acts of cooperation for a noncustodial parent include any action that is relevant to achieve the purposes in sub. (1) (b) including the following:

Providing verbal information, written information, or other evidence that the noncustodial parent knows, possesses, or might reasonably obtain.
Appearing at hearings or other legal proceedings.
Submitting to genetic tests pursuant to judicial order.
Paying court-ordered child support to the department or its designee.

(3) Exclusions. Acts of cooperation for custodial and noncustodial parents do not include the following:

(a) Involuntary participation in a polygraph examination. The results of a voluntary polygraph examination may be used only to impeach or substantiate other evidence and may not serve as conclusive evidence.

(b) A requirement to sign a voluntary statement of paternity under s. 69.15, Stats.

(d) A requirement to sign a stipulation for a child support, physical placement, or custody order.

(4) Noncooperation. The child support agency shall determine whether a parent is not cooperating with efforts directed at establishing paternity and obtaining support payments or any other payments or property to which that parent and any minor child of that parent may have rights or for which the parent may be responsible as follows:

(a) Custodial parent. The child support agency may determine that a custodial parent is not cooperating if the custodial parent does any of the following without adequate reason:

Misses two consecutive agency appointments.
Misses one agency appointment and fails to respond to a written communication from the agency within a 90-day period.
Fails to appear for a hearing, other legal proceeding, or genetic test.

(b) Noncustodial parent. The child support agency may determine that a noncustodial parent is not cooperating if the noncustodial parent is the subject of a warrant relating to paternity or support, including a criminal warrant for failure to support pursuant to s. 948.22, Stats., a civil warrant for contempt of court pursuant to ch. 785, Stats., or an arrest warrant pursuant to s. 818.02 (5) or (6), Stats., excluding a warrant issued for failure to effect service of process.

(5) Adequate reason.

(a) Adequate reason for a custodial parent’s failure to respond to a written communication or failure to attend an appointment, genetic test, or hearing or other legal proceeding includes any of the following:

Personal or family illness or injury.
Family crisis.
Breakdown in transportation arrangements.
Inclement weather that causes a general breakdown in travel.
Failure to receive a hearing notice, appointment notice, or written request for information due to a demonstrable mail problem, address change, or extended time away from home.
Other reasonable circumstances as determined by the child support agency or the department.

(b) The child support agency may request evidence verifying adequate reason if there are repeated instances of failure to respond based on reasons in par. (a).

(6) Affidavit attesting to full cooperation. If a custodial parent has signed an affidavit attesting to full cooperation and there is no substantial independent evidence or verifiable information that suggests that the custodial parent is not cooperating, the child support agency shall conclude that an alleged failure to cooperate was, in fact, a case of cooperation.

(7) Noncooperation notification. If a child support agency makes a determination of noncooperation under sub. (4), the child support agency shall promptly notify the individual and the W-2 agency of its decision and the basis for the decision. The notice to the individual shall be in writing. The W-2 agency shall apply sanctions pursuant to s. DCF 102.09 upon receipt of the noncooperation notification from the child support agency.

(8) Remedying noncooperation. An individual who wants to restore cooperative status after being determined noncooperative shall demonstrate cooperation by performing the act of cooperation in sub. (2) that the individual failed to perform and that became the basis of the noncooperation finding. The child support agency shall provide the individual who has been found noncooperative with the opportunity to resume cooperation within 30 days of contacting the child support agency to express an intent to cooperate. When a rescheduled court hearing cannot occur within 30 days, the child support agency shall either lift the noncooperation determination upon contact from the individual or make it possible for the individual to perform some other required activity within 30 days of the contact.

History

CR 02-039: cr. Register August 2002 No. 560, eff. 9-1-02; corrections in (3) (c) and (7) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635.

Wis. Admin. Code § DCF 102.04 Cooperation and good cause notice {#sec-dcf-102.04 omnilex-key=us-wi-regs-official--agency-dcf--DCF 102.04}

(1) The W-2 agency shall provide a written notice describing the cooperation requirement and the right to good cause as an exception to the cooperation requirement to all applicants and participants of Wisconsin works. The notice shall be provided to applicants when they apply for W-2 and to participants when a child is added to the W-2 group, when a parent leaves the W-2 group, at reapplication for continued benefits, and if a participant discloses to his or her W-2 financial and employment planner that the participant is experiencing circumstances that may meet the good cause criteria in s. DCF 102.05.

(2) The notice shall include all of the following information:

(a) The potential benefits the child may derive from establishing paternity and securing support.

(b) Cooperation with efforts directed at establishing paternity and obtaining support payments or any other payments or property to which that parent and any minor child of that parent may have rights or for which the parent may be responsible is a condition of eligibility for the Wisconsin works program, ss. 49.141 to 49.161, Stats., unless the parent has good cause for failing to cooperate.

(d) The good cause criteria in s. DCF 102.05.

(e) A good cause claim form is available from the W-2 agency upon request. The good cause claim form provides additional details on the process for claiming good cause as an exception to the cooperation requirement.

(f) The good cause claim form may be submitted to the W-2 agency at any time.

(3) At the child support agency’s initial meeting with the custodial parent, the agency shall ask the parent if a good cause notice has been received. If the custodial parent has not received a good cause notice, the child support agency shall provide one. A custodial parent who expresses intent to file a good cause claim shall be referred to the W-2 agency. If the custodial parent informs the child support agency of an intent to file a good cause claim, the child support agency shall cease further action for a minimum of 15 days to allow the custodial parent to file a good cause claim with the W-2 agency.

Note: A copy of the good cause notice may be obtained by contacting the Department of Children and Families, Division of Family and Economic Security, 201 E. Washington Avenue, P.O. Box 8916, Madison, WI 53708-8916.

History

CR 02-039: cr. Register August 2002 No. 560, eff. 9-1-02; corrections in (1) and (2) (d) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635.

Wis. Admin. Code § DCF 102.05 Good cause criteria {#sec-dcf-102.05 omnilex-key=us-wi-regs-official--agency-dcf--DCF 102.05}

A custodial or noncustodial parent is eligible for an exemption from the cooperation requirements in s. DCF 102.03 when the W-2 agency determines that any of the following criteria applies:

(1) Cooperation is reasonably anticipated to result in either physical or emotional harm to the child, including threats of domestic abuse or child kidnapping.

(2) Cooperation is reasonably anticipated to result in either physical or emotional harm to the parent, including domestic abuse.

(3) Cooperating with the child support agency would make it more difficult for the individual to escape domestic abuse or unfairly penalize the individual who is or has been victimized by such abuse, or the individual who is at risk of further domestic abuse.

(4) The child was conceived as a result of incest or sexual assault.

(5) The parent is considering whether to terminate parental rights and sought the assistance of a public or licensed private social services agency not more than 3 months ago.

(6) A petition for the adoption of the child has been filed with a court, except this does not apply as a good cause exemption from the responsibility to make payments under an existing court order.

History

CR 02-039: cr. Register August 2002 No. 560, eff. 9-1-02; correction in (intro.) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635.

Wis. Admin. Code § DCF 102.06 Good cause claim {#sec-dcf-102.06 omnilex-key=us-wi-regs-official--agency-dcf--DCF 102.06}

(1) Claim form. The W-2 agency shall provide a written good cause claim form to any applicant or participant of Wisconsin works on request. The claim form shall describe the good cause criteria and appropriate documentation to corroborate a good cause claim.

(2) Filing a claim. An applicant or participant may file a good cause claim with the W-2 agency at any time. The applicant or participant shall specify the circumstances that the applicant or participant believes provide sufficient good cause for not cooperating and shall indicate whether the applicant or participant requests that the child support agency proceed without his or her cooperation if good cause is granted, if that is possible. The applicant or participant shall swear or affirm under penalty of false swearing pursuant to s. 946.32, Stats., that the statements in the claim are true. Upon receipt of the good cause claim, the W-2 agency shall notify the child support agency within 2 days that no further action may be taken until it is determined whether good cause exists.

(3) Submitting corroborative evidence. The W-2 agency shall encourage the applicant or participant to submit as many types of corroborative evidence as possible. The W-2 agency worker shall advise the applicant or participant that if assistance is needed in obtaining evidence, the worker will assist him or her. The applicant or participant may submit corroborative evidence to the W-2 agency within 20 days from the date the claim was signed. A W-2 worker may, with supervisory approval, determine that more time is needed due to difficulty in obtaining corroborative evidence. If the good cause claim is based on domestic abuse and no corroborative evidence is currently available, the W-2 agency may permit the applicant or participant to submit evidence to the W-2 agency within 60 days from the date the claim was signed.

(4) Types of corroborative evidence. A good cause claim may be corroborated with any of the following types of evidence:

(a) Court, medical, criminal, child protective services, social services, psychological, school, or law enforcement records regarding domestic abuse or physical or emotional harm to the parent or child.

(b) Medical records or written statements from a mental health professional that pertain to the emotional health history, present emotional health status, or prognosis of the parent or child.

(c) Birth certificates, medical records, or law enforcement records that indicate that the child may have been conceived as a result of incest or sexual assault.

(d) Court documents or other records that indicate that a petition for the adoption of the child has been filed with a court.

(e) A written statement from a public or private social services agency that the parent is being assisted by the agency in deciding whether to terminate parental rights.

(f) Written and signed statements from others with knowledge of the circumstances on which the good cause claim is based, including, but not limited to, statements from neighbors, friends, family, or clergy.

(g) An identification by the screening process under s. DCF 101.15 as an individual or parent of a child who is or has been a victim of domestic abuse or is at risk of further domestic abuse and the alleged perpetrator is the other parent.

(h) Any other supporting or corroborative evidence.

Note: A copy of the good cause claim form may be obtained by contacting the Department of Children and Families, Division of Family and Economic Security, 201 E. Washington Avenue, P.O. Box 8916, Madison, WI 53708-8916.

History

CR 02-039: cr. Register August 2002 No. 560, eff. 9-1-02; correction in (4) (g) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; CR 21-092: am. (2) Register July 2022 No. 799, eff. 8-1-22.

Wis. Admin. Code § DCF 102.07 Approving or continuing benefits {#sec-dcf-102.07 omnilex-key=us-wi-regs-official--agency-dcf--DCF 102.07}

If an individual is cooperating with the W-2 agency in furnishing evidence and information to be used in determining the good cause claim and other eligibility criteria are met, Wisconsin works benefits shall not be denied, delayed, reduced, or discontinued pending the determination of a good cause claim.

History

CR 02-039: cr. Register August 2002 No. 560, eff. 9-1-02.

Wis. Admin. Code § DCF 102.08 Good cause determination {#sec-dcf-102.08 omnilex-key=us-wi-regs-official--agency-dcf--DCF 102.08}

(1) Evaluating a good cause claim.

(a) The W-2 agency shall require an applicant or participant who requests a good cause exemption to submit at least one document of corroborative evidence and the applicant’s or participant’s statement specifying the circumstances that the applicant or participant believes provide sufficient good cause for not cooperating. If an applicant or participant does not submit sufficient evidence to substantiate the good cause claim, the W-2 agency shall notify the individual that additional evidence is required and shall outline the types of evidence that may be used as provided in s. DCF 102.06 (4). The W-2 agency shall make a reasonable effort to obtain specific documents or information that the individual is having difficulty obtaining.

(b) The W-2 agency shall investigate any good cause claim based on anticipated harm, including when the claim is credible without corroborative evidence and when corroborative evidence is not available. Good cause shall be found when the applicant’s or participant’s statement and the investigation satisfy the W-2 agency that good cause exists.

(c) The W-2 agency may investigate any good cause claim when the applicant’s or participant’s statement and corroborative evidence do not provide sufficient information to make a determination. The applicant or participant shall cooperate with the investigation by the W-2 agency.

(d) In the course of any investigation under par. (b) or (c), the W-2 agency may contact the child support agency, but may not contact the individual alleged to have committed acts that are the basis of a good cause claim based on criteria in s. DCF 102.05 (1) to (4).

(2) Recommendation of the child support agency. The child support agency shall be given the opportunity to review and comment on the findings of the W-2 agency prior to the final determination on good cause by the W-2 agency. The W-2 agency shall consider any recommendations from the child support agency.

(3) Determination deadline. The W-2 agency shall determine if good cause exists within 45 days from the date the claim was signed, unless an extension to submit evidence was granted to the applicant or participant who is claiming good cause or more time is necessary for the W-2 agency to obtain evidence. If the W-2 agency allowed up to 60 days to submit evidence for a claim of domestic abuse, the agency shall determine if good cause exists within 85 days from the date the claim was signed.

(4) If good cause does not exist.

(a) If the W-2 agency determines that the applicant or participant does not have good cause for failing to cooperate with efforts directed at establishing paternity and obtaining support payments, the W-2 agency shall notify the child support agency that it may proceed with child support services and require the cooperation of the applicant or participant.

(b) The W-2 agency shall promptly notify the applicant or participant of the determination and the right to a review of the agency decision under s. DCF 102.10.

(c) The child support agency may not proceed with child support services for 10 days from the date of the notice to the applicant or participant to allow the individual the opportunity to withdraw the application, request the case be closed, or request a review of the agency decision pursuant to s. DCF 102.10.

(d) If the applicant or participant requests a review of the agency decision, the W-2 agency shall instruct the child support agency to suspend child support services during the review process.

(5) If good cause does exist. If the W-2 agency determines that the applicant or participant does have good cause for failing to cooperate with efforts directed at establishing paternity and obtaining support payments, the W-2 agency shall:

(a) Direct the child support agency to suspend all further case activities if the applicant or participant did not request the child support agency to proceed without his or her cooperation.

(b) Notify the child support agency that it may proceed with child support services without the cooperation of the applicant or participant if the applicant or participant did request that the child support agency proceed without his or her cooperation. If good cause is granted for criteria in s. DCF 102.05 (1) to (4), the child support agency shall send a notice to the individual alleged to have caused harm that states that the agency is proceeding without the cooperation of the applicant or participant.

History

CR 02-039: cr. Register August 2002 No. 560, eff. 9-1-02; corrections in (1) (a), (d), (4) (b), (c) and (5) (b) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635.

Wis. Admin. Code § DCF 102.09 Sanction for failure to cooperate {#sec-dcf-102.09 omnilex-key=us-wi-regs-official--agency-dcf--DCF 102.09}

(1) A Wisconsin works group that includes an applicant or participant who fails to cooperate with the child support agency without good cause is ineligible to receive Wisconsin works until cooperation with the child support agency occurs.

(2) An individual who is a member of a W-2 group that fails 3 times to meet the cooperation requirements in s. DCF 102.03 without good cause remains ineligible until all of the members of the W-2 group cooperate or for a period of 6 months, whichever is later.

(3) A custodial parent with a child under 60 days old is exempt from sanction for refusing to cooperate with requirements in s. DCF 102.03 for that child.

History

CR 02-039: cr. Register August 2002 No. 560, eff. 9-1-02; corrections in (2) and (3) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635.

Wis. Admin. Code § DCF 102.10 Reviews and hearings {#sec-dcf-102.10 omnilex-key=us-wi-regs-official--agency-dcf--DCF 102.10}

(1) Review of good cause determinations or other w-2 agency decisions. A Wisconsin works applicant or participant who is denied a good cause exemption from the requirement of cooperation with the child support agency or who disputes any decision by the W-2 agency may petition the Wisconsin works agency for a review of the agency decision pursuant to s. 49.152, Stats.

(2) Review of noncooperation determinations. Noncooperation determinations shall be reviewed by the child support agency. An individual who has been determined noncooperative by a child support agency may petition the child support agency for review of the agency decision. The procedures of s. 49.152, Stats., apply to the review, except that the applicant or participant may submit a request for review to the child support agency, the child support agency will conduct the fact-finding procedure, and the applicant or participant or a representative may appear for the fact-finding via telephone conference if the child support agency is in a different county than the applicant’s or participant’s current residence.

(3) Participation of the child support agency. The child support agency shall be given reasonable notice and may participate in any fact-finding or hearing resulting from a good cause investigation or good cause determination.

(5) Hearing for child care. Notwithstanding subs. (1) and (2), an applicant or a participant in the child care subsidy program under s. 49.155, Stats., that receives a notice of eligibility denial or termination for failure to cooperate with the child support agency without good cause may request a fair hearing under s. DCF 201.065 and ch. HA 3.

History

CR 02-039: cr. Register August 2002 No. 560, eff. 9-1-02; corrections in (1), (2) and (4) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; CR 18-088: r. and recr. (title), r. (4), cr. (5) Register July 2019 No. 763, eff. 8-1-19; correction in (1), (2) made under s. 13.92 (4) (b) 7., Stats., Register July 2022.

Wis. Admin. Code § DCF 102.11 Review of good cause exemptions {#sec-dcf-102.11 omnilex-key=us-wi-regs-official--agency-dcf--DCF 102.11}

The W-2 agency shall review good cause exemptions that are based on circumstances subject to change at each redetermination of eligibility or upon new evidence. Good cause determinations based on permanent circumstances need not be reviewed. If the W-2 agency determines that good cause for noncooperation no longer exists, the parent shall be allowed 10 days before cooperation requirements are imposed to request that the case be closed or request an agency review.

History

CR 02-039: cr. Register August 2002 No. 560, eff. 9-1-02.

Chapter DCF 103 W-2 WORKER TRAINING

Wis. Admin. Code § DCF 103.01 Introduction {#sec-dcf-103.01 omnilex-key=us-wi-regs-official--agency-dcf--DCF 103.01}

(1) Authority and purpose. This chapter is promulgated under authority set forth in s. 49.143 (2) (c), Stats., to ensure that each financial and employment planner, resource specialist, and supervisor employed by a W–2 agency directly or by subcontract has successfully completed a training program to achieve acceptable W-2 worker job performance. Successful completion of prescribed training is required for all new W-2 workers. The department shall make ongoing training available for experienced W-2 workers.

(2) Applicability. This chapter applies to W–2 agencies and the financial and employment planners, resource specialists, and supervisors who are employed by those agencies directly or by subcontract.

History

Cr. Register, October, 1999, No. 526, eff. 11-1-99; CR 02-050: am. Register January 2003 No. 565, eff. 2-1-03; CR 06-044: am. Register November 2006 No. 611, eff. 12-1-06; correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635.

Wis. Admin. Code § DCF 103.02 Definitions {#sec-dcf-103.02 omnilex-key=us-wi-regs-official--agency-dcf--DCF 103.02}

In this chapter:

(1) “Automated system” means a computer-supported process used by the department, including CARES.

(2) “CARES” means the department’s automated client assistance for re-employment and economic support.

Note: CARES is the automated system used by the Dept. of Children and Families to determine eligibility, calculate benefits, and retain data for W-2.

(3) “Case management” means the family-centered and goal-oriented process for assessing the needs of a W-2 group member and his or her family for employment, training, and supportive services and assisting the W-2 group member in obtaining services to achieve self-sufficiency.

(4) “Department” means the Wisconsin department of children and families.

(5) “Experienced financial and employment planner” or “experienced FEP” means a FEP employed by a W-2 agency directly or by subcontract who has completed initial FEP training.

(6) “Experienced resource specialist” means a resource specialist employed by a W-2 agency who has completed initial resource specialist training.

(7) “Financial and employment planner” or “FEP” means a case manager employed by a Wisconsin works agency directly or by subcontract who determines eligibility, assists in the process of determining eligibility, or performs case management functions. “FEP” includes a case manager who specializes in employment attachment and retention, assists W-2 participants with special needs, or assists W-2 participants with the Supplemental Security Income (SSI) and Social Security Disability Income (SSDI) application process.

(7m) “New financial and employment planner” or “new FEP” means an individual who is employed as a financial and employment planner by a W-2 agency, directly or by subcontract, and who has not completed the initial FEP training. “New FEP” includes a permanent employee of the W-2 agency who transfers into a FEP position and who has not completed initial FEP training within the previous year.

(8) “New resource specialist” means a person who is employed by a W–2 agency directly or by subcontract as a resource specialist who has not completed the initial resource specialist training, including a permanent employee who transfers into a resource specialist position and who has not completed initial resource specialist training within the previous year.

(8m) “Participant” means an individual who participates in any component of the Wisconsin works program.

(9) “Resource specialist” means a worker employed by a Wisconsin works agency who performs application entry, provides an initial assessment of a potential W-2 applicant’s needs, makes referrals to service providers, or evaluates an individual’s need for W-2. “Resource specialist” may also include a worker employed by an agency contracted with the department to provide access services.

(9m) “Supervisor” means a worker employed by a Wisconsin Works agency directly or by subcontract who supervises W-2 financial and employment planners or resource specialists.

(10) “Wisconsin works” or “W-2” has the meaning given in s. DCF 101.03 (37).

Note: “Wisconsin works” or “W-2” is defined in s. DCF 101.03 (37), Wis. Adm. Code, as “the assistance program for families with dependent children, administered under ss. 49.141 to 49.161, Stats.”

(11) “Wisconsin works agency” or “W-2 agency” has the meaning given in s. DCF 101.03 (38).

Note: “Wisconsin works agency” is defined in s. DCF 101.03 (38), Wis. Adm. Code, as “a person, county agency, tribal governing body, or a private agency contracted under s. 49.143, Stats., by the department to administer the Wisconsin works program under ss. 49.141 to 49.161, Stats., and ch. DCF 101. If no contract is awarded under s. 49.143, Stats., ‘Wisconsin works agency’ means the department.”

(12) “W-2 handbooks, manuals, and instructional materials” means department-issued handbooks, manuals, and memos that are addressed to W–2 agencies and set forth eligibility and benefit criteria and case maintenance and case processing information for Wisconsin works.

(13) “W-2 worker” means a resource specialist and a financial and employment planner.

History

Cr. Register, October, 1999, No. 526, eff. 11-1-99; CR 02-050: r. (4) and (6) to (15), renum. (5), (16) and (17) to be (4), (10) and (11), cr. (5) to (9), (12) and (13) Register January 2003 No. 565, eff. 2-1-03; CR 06-044: am. (5), (6), (7) and (8), cr. (7m), (8m) and (9m), Register November 2006 No. 611, eff. 12-1-06; corrections in (4), (10) and (11) made under s. 13.92 (4) (b) 6. and 7., Stats., Register November 2008 No. 635.

Wis. Admin. Code § DCF 103.03 Initial W-2 worker training {#sec-dcf-103.03 omnilex-key=us-wi-regs-official--agency-dcf--DCF 103.03}

(1) FEPs and resource specialists.

(a) The department shall make initial W–2 worker training available to new FEPs and resource specialists directly or through contractors. The W–2 agency shall ensure that each FEP and resource specialist completes the department’s initial training during the first 6 months of employment.

(b) No FEP may make independent decisions related to eligibility or perform case management functions until the initial W–2 training for new FEPs is successfully completed.

(c) No resource specialist may make independent decisions related to providing an initial assessment of a potential W–2 applicant’s needs, making referrals to service providers, or evaluating an individual’s need for W–2 until the initial W–2 training for new resource specialists is successfully completed.

(d) To successfully complete the initial W–2 training, a new FEP or resource specialist shall attend all class hours and shall participate in all instructional activities. The W–2 agency shall develop evaluation strategies to ensure that the new FEP or resource specialist achieves a minimum standard of competence.

(1m) Supervisor. A supervisor who is employed on or after December 1, 2006, to supervise FEPS or resource specialists shall complete the department’s new worker training for the job function of the workers that the supervisor is supervising during the first 6 months of employment, unless the supervisor worked in that job function within one year prior to the date of hire as a supervisor. If a supervisor supervises both FEPs and resource specialists, the supervisor shall be required to complete the FEP training only.

(2) Standard curriculum.

(a) The department shall develop a standardized curriculum for training new FEPs and resource specialists. The standardized curriculum shall include courses, independent study, and closely supervised practical experience and shall ensure that learning objectives support an acceptable standard of competency at completion. The curriculum may vary depending on job function and may include the following:

Program philosophy emphasizing W-2 as a work program.
Policy and procedure in W-2 handbooks, manuals, and instructional materials.
Eligibility determination.
Automated systems used in the W-2 program.
Interpersonal skills needed to perform W-2 functions.

5g. Civil rights compliance, cultural awareness, and diversity issues.

5r. Compliance with the Americans with Disabilities Act (ADA).

Case management information and skills, including:

a. Employment and training information for W–2 participants, including job readiness assessment, skills training opportunities, job search activities, labor market information, career planning, and job retention skills.

b. Special needs of the W–2 participant or a family member as those issues affect the W–2 participant’s employability, including substance abuse, domestic abuse, and physical or mental disabilities.

c. Community resources and supportive services available to assist W–2 participants.

d. Collaboration and coordination with local child welfare agencies.

(3) Domestic abuse training.

(a) A FEP shall complete 12 hours of training in domestic abuse awareness within the first year of employment, including case management strategies and the department’s comprehensive screening tool.

(b) A resource specialist shall complete 6 hours of training in domestic abuse awareness within the first year of employment.

(c) A supervisor who is required to take the initial W-2 training under sub. (1m) shall complete domestic abuse awareness training for the job function of the workers who the supervisor is supervising.

(4) Comparable training. A W-2 agency may develop its own training to implement the standardized curriculum under sub. (2), with approval by the department. A W-2 agency that chooses not to participate in the initial training for new W-2 workers offered by the department or its contractors shall submit a training implementation plan to the department for approval at least 45 days before the planned start date of the training. Training plans shall be submitted to the department on an annual basis. The plan shall do all of the following:

(a) Specify the number of hours of classroom training, independent study, planned exercises, and activities.

(b) State how W-2 handbooks, manuals, and instructional materials will be used.

(d) Specify the number of hours of supervised practical experience, including the use of automated systems, W-2 program policy and procedure application, and case management techniques.

(e) Indicate the length of the training program.

(f) Describe how learning will be evaluated.

(g) Include the name, address, position title, and qualifications of each trainer.

Note: Send the proposed W–2 training implementation plan to: BWF Partner Training Section, DCF Division of Family and Economic Security, 201 E. Washington Avenue, P.O. Box 8916, Madison, WI 53708-8916.

History

Cr. Register, October, 1999, No. 526, eff. 11-1-99; CR 02-050: r. and recr. Register January 2003 No. 565, eff. 2-1-03; CR 06-044: r. and recr. (1) and (3), cr. (1m), (2) (a) 5g., 5r. and 6. d., am. (2), (a) (intro.), 1. and 4., 6. a. and b., (4) (intro.), r. (2) (b) and (c), Register November 2006 No. 611, eff. 12-1-06.

Wis. Admin. Code § DCF 103.04 Ongoing training for experienced W-2 workers {#sec-dcf-103.04 omnilex-key=us-wi-regs-official--agency-dcf--DCF 103.04}

(1) Standard curriculum. The department shall develop an ongoing course or courses for supervisors, experienced resource specialists, and experienced FEPs and shall make the course or courses available each year directly or through contractors. The department shall annually define required training courses and develop a standardized curriculum for each job function as needed. The curriculum shall include the following:

(a) Refresher material on W-2 policy and procedure.

(b) Automated systems used in the W-2 program.

(cg) Civil rights compliance, cultural awareness, and diversity issues.

(cr) Compliance with the Americans with Disabilities Act (ADA).

(d) Enhanced case management information and skills, including:

Employment and training information for W–2 participants, including job readiness assessment, skills training opportunities, job search activities, career planning, labor market information, and job retention skills.
Special needs of the W–2 participant or a family member as those issues affect the W–2 participant’s employability, including substance abuse, domestic abuse, and physical or mental disabilities.
Community resources and supportive services available to assist W-2 participants.
Collaboration and coordination with local child welfare agencies.

(2) Comparable training. A W-2 agency may develop its own training to implement the standardized curriculum under sub. (1), with approval by the department. A W-2 agency that chooses not to participate in training offered by the department or its contractors shall submit a training implementation plan to the department for approval at least 45 days before the planned start date of training. Training plans shall be submitted to the department on an annual basis. The plan shall:

(a) Specify the number of hours of classroom training, independent study, planned exercises, and activities.

(b) Indicate the length of the training program.

(d) Include the name, address, position title, and qualifications of each trainer.

Note: Send the proposed W-2 training implementation plan to: BWF Partner Training Section, DCF Division of Family and Economic Security, P.O. Box 8916, Madison, WI 53708-8916.

History

Cr. Register, October, 1999, No. 526, eff. 11-1-99; CR 02-050: am. (1) (intro.) to (c), renum. (2) to be (3) and am. (3) (intro.), cr. (2) Register January 2003 No. 565, eff. 2-1-03; CR 06-044: am. (1) (intro.) and (a), (d) 1. and 2., cr. (1) (cg) and (cr), (d) 4., r. (2), renum. (3) to be (2), Register November 2006 No. 611, eff. 12-1-06.

Wis. Admin. Code § DCF 103.05 Trainer qualifications {#sec-dcf-103.05 omnilex-key=us-wi-regs-official--agency-dcf--DCF 103.05}

The department shall ensure that the person doing the training has:

(1) Knowledge of the programs and procedures in which the person will conduct training as evidenced by prior experience or education.

(2) Experience or education in training techniques or adult education.

History

Cr. Register, October, 1999, No. 526, eff. 11-1-99.

Wis. Admin. Code § DCF 103.06 Local responsibility for implementing updates {#sec-dcf-103.06 omnilex-key=us-wi-regs-official--agency-dcf--DCF 103.06}

Each W–2 agency shall ensure that all W-2 workers are trained in a timely manner on all W-2 policy and procedure and automated system updates that are issued by the department.

Note: These updates include Handbook and Manual releases, DFES Administrator’s Memos, and Operations Memos.

History

Cr. Register, October, 1999, No. 526, eff. 11-1-99; CR 02-050: am. Register January 2003 No. 565, eff. 2-1-03; CR 06-044: am., Register November 2006 No. 611, eff. 12-1-06.

Wis. Admin. Code § DCF 103.07 Reports and records {#sec-dcf-103.07 omnilex-key=us-wi-regs-official--agency-dcf--DCF 103.07}

(1) Annual report. Each W–2 agency shall submit to the department by the second Friday in January of each calendar year a report that documents training completed by all supervisors, new and experienced FEPs, and new and experienced resource specialists during the previous calendar year. The report shall include information on training received by individuals employed directly by the W-2 agency and individuals employed by the W-2 agency’s subcontractors.

(2) Report of initial W-2 worker training. Each W–2 agency shall submit to the department by the first day of each month a list of supervisors, FEPs, and resource specialists who are required to complete initial W–2 worker training, including individuals employed directly by the W-2 agency and individuals employed by the W-2 agency’s subcontractors.

(3) Personnel file. Each W–2 agency shall include in the personnel file of all new and experienced W-2 workers information needed to document successful completion of training, including the title of the training program, dates of training, trainer’s or sponsoring organization’s name, number of hours of training, and location of training. The W–2 agency shall make the training records available to the department upon request.

Note: Send the monthly list of W-2 workers who are required to complete initial W-2 worker training and the annual report on training to the appropriate Regional Contract Administrator.

History

Cr. Register, October, 1999, No. 526, eff. 11-1-99; CR 02-050: am. Register January 2003 No. 565, eff. 2-1-03; CR 06-044: am. (1) and (2), Register November 2006 No. 611, eff. 12-1-06.

Chapter DCF 105 SUBSTANCE ABUSE SCREENING, TESTING, AND TREATMENT FOR CERTAIN DEPARTMENT WORK EXPERIENCE PROGRAMS

Wis. Admin. Code § DCF 105.01 Purpose {#sec-dcf-105.01 omnilex-key=us-wi-regs-official--agency-dcf--DCF 105.01}

The purpose of this chapter is to establish a process to screen for, and, if appropriate, test for the use of controlled substances by applicants for work experience programs administered by the department, and to refer individuals determined to be abusing a controlled substance to a treatment provider for a substance abuse assessment and evaluation and appropriate treatment as required by s. 49.162, Stats.

History

EmR1523: emerg. cr., eff. 11-9-15; CR 15-091: cr. Register June 2016 No. 726, eff. 7-1-16.

Wis. Admin. Code § DCF 105.02 Definitions {#sec-dcf-105.02 omnilex-key=us-wi-regs-official--agency-dcf--DCF 105.02}

In this chapter:

(1) “Administering agency” has the meaning given in s. 49.162 (1) (a), Stats.

(2) “Confirmation test” means an analytical procedure used to quantify a specific controlled substance or its metabolite in a specimen through a test that is different in scientific principle from that of the initial test procedure and capable of providing requisite specificity, sensitivity, and quantitative accuracy to positively determine use of a controlled substance.

(3) “Controlled substance” or “substance” has the meaning given for “controlled substance” in s. 961.01 (4), Stats.

(4) “Department” means the department of children and families.

(5) “Individual” means a person who has applied to participate in a work experience program or a person who has been determined eligible for the program and is participating in program activities or awaiting assignment to program activities.

(6) “Medical review officer” means a licensed physician employed by or providing services under contract to a drug testing vendor who has knowledge of substance abuse disorders and laboratory testing procedures and who has the necessary training and experience to interpret and evaluate an individual’s positive test result in relation to the individual’s medical history and current, valid prescriptions.

(7) “Metabolite” means a chemical present in the body when a controlled substance is being broken down through natural metabolic processes that can be detected or measured as a positive indicator that a controlled substance associated with the metabolite has been used.

(8) “Reasonable suspicion” means suspicion of controlled substance abuse by an individual based on that individual’s score on a screening questionnaire.

(9) “Screening” means completion of a questionnaire regarding the individual’s current and prior use of controlled substances.

(10) “Specimen” means tissue, fluid, or a product of the human body capable of revealing the presence of controlled substances or their metabolites.

(11) “Treatment” means services that are conducted under clinical supervision to assist an individual through the process of recovery from controlled substance abuse and may include screening, application of approved placement criteria, intake, orientation, assessment, individualized treatment planning, intervention, individual or group and family counseling, referral, discharge planning, after care or continuing care, recordkeeping, consultation with other professionals regarding the patient’s treatment services, recovery and case management, crisis intervention, client education, employment, and problem resolution in life skills functioning.

(12) “Treatment program” means a program certified to provide treatment for controlled substance abuse as a medically managed inpatient service under s. DHS 75.10, a medically monitored treatment service under s. DHS 75.11, a day treatment service under s. DHS 75.12, an outpatient treatment service under s. DHS 75.13, a transitional residential treatment service under s. DHS 75.14, or a narcotic treatment service for opiate addiction under s. DHS 75.15.

(13) “Treatment provider” or “provider” means a provider of treatment services for controlled substance abuse certified by the department of health services under the provisions of ch. DHS 75.

(14) “Work experience program” or “program” in this chapter means a work experience program providing services and benefits to noncustodial parents under s. 49.159 (1) (b), Stats.; the Transform Milwaukee Jobs program under s. 49.163, Stats.; or the Transitional Jobs program under s. 49.163, Stats.

History

EmR1523: emerg. cr., eff. 11-9-15; CR 15-091: cr. Register June 2016 No. 726, eff. 7-1-16; correction in numbering of (6), (7), (14) made under s. 13.92 (4) (b) 1., Stats., Register June 2016 No. 726.

Wis. Admin. Code § DCF 105.03 Information about the requirement for controlled substance abuse screening, testing, and treatment {#sec-dcf-105.03 omnilex-key=us-wi-regs-official--agency-dcf--DCF 105.03}

An administering agency shall provide information in a format approved by the department to any individual who expresses interest in or requests to apply to a work experience program to explain the requirement for participants in certain work experience programs to undergo screening, testing, and treatment for abuse of controlled substances.

History

EmR1523: emerg. cr., eff. 11-9-15; CR 15-091: cr. Register June 2016 No. 726, eff. 7-1-16.

Wis. Admin. Code § DCF 105.04 Administering a controlled substance abuse screening questionnaire to determine reasonable suspicion of substance abuse {#sec-dcf-105.04 omnilex-key=us-wi-regs-official--agency-dcf--DCF 105.04}

(1) Who must complete a screening questionnaire. An administering agency shall administer a controlled substance abuse screening questionnaire approved by the department to any applicant for a work experience program.

(2) Effect of failing to complete screening questionnaire. The applicant is required to answer all questions on the screening questionnaire, sign and date the questionnaire, and submit it to the administering agency for his or her application for a work experience program to be complete. An applicant who fails to submit a completed screening questionnaire is not eligible to participate in a work experience program, and the administering agency shall deny the application. An individual denied eligibility for a work experience program for failure to complete a screening questionnaire may reapply at any time the individual submits a complete application, including a completed screening questionnaire.

(3) Effect of successfully passing the screening questionnaire. An individual whose score on the screening questionnaire does not establish a reasonable suspicion of abuse of a controlled substance has fully satisfied the requirements of this chapter and may participate in a work experience program subject to this chapter without further screening, testing, or treatment.

History

EmR1523: emerg. cr., eff. 11-9-15; CR 15-091: cr. Register June 2016 No. 726, eff. 7-1-16.

Wis. Admin. Code § DCF 105.05 Requiring a test for the use of a controlled substance {#sec-dcf-105.05 omnilex-key=us-wi-regs-official--agency-dcf--DCF 105.05}

(1) Who may be required to undergo drug testing. An individual whose score on the screening questionnaire establishes a reasonable suspicion of abuse of a controlled substance shall be required to undergo a test for the use of a controlled substance.

(2) Nature of testing required. Testing shall consist of laboratory analysis of a specimen collected from an individual by a drug testing vendor. The department shall provide to each administering agency a list of all controlled substances or metabolites of controlled substances that must be included in the test and cutoff levels for the initial test and cutoff levels for a confirmation test that may be used. The department may add or delete controlled substances or metabolites that must be included in the laboratory test to reflect changes in pre-employment drug testing practices of Wisconsin employers. A positive test result on the initial test shall be confirmed through a confirmation test from the original specimen collected from the individual.

(3) Contract for testing services. Subject to the department’s approval, the administering agency may contract with a qualified drug testing vendor to collect a specimen, carry out laboratory analysis of the specimen, store the specimen for confirmatory testing if required, complete confirmatory testing, and provide review by a medical review officer. The department may require the administering agency to use a specific testing service procured through state contracting if the department determines that volume discounts or other preferential pricing terms can be achieved through a statewide contract.

Note: The federal Centers for Medicare & Medicaid Services (CMS) regulates all laboratory testing (except research) performed on humans in the U.S. through the Clinical Laboratory Improvement Amendments (CLIA). Any entity or facility performing drug or alcohol testing or screening on specimens derived from the human body for the purpose of providing information for the diagnosis, prevention, or treatment of any disease or impairment of, or the assessment of the health of, human beings is considered a laboratory and must obtain an appropriate CLIA certificate and meet the applicable CLIA standards or cease testing.

For information about CLIA, see: https://www.cms.gov/Regulations-and-Guidance/Legislation/CLIA/index.html. To obtain an application for CLIA certification contact the Wisconsin Department of Health Services Division of Quality Assurance at: DHSDQACLIA@dhs.wisconsin.gov

(4) Refusal to submit to a test. An individual refuses to submit to a test if the individual does any of the following:

(a) Fails or refuses to provide a specimen during an appointment scheduled by the administering agency for that purpose.

(b) Fails or refuses to appear for a test at the time and place directed by the administering agency.

(c) Fails or refuses to complete a form or release of information required for testing, including those required by the drug testing vendor that permit the drug testing vendor to report test results to the department or administering agency.

(d) Fails or refuses to provide a valid specimen for testing.

(e) Fails or refuses to provide verification of identity to the testing drug testing vendor.

(f) Fails or refuses to cooperate with the medical review officer, including refusal to complete an interview or answer questions or refusal to provide records necessary to demonstrate possession of a valid prescription.

(5) Effect of refusal to submit to a test. An individual who refuses to submit to a test under sub. (4) is ineligible to participate in a work experience program until the individual submits to a test. The administering agency may direct an individual who has refused to submit to a test under sub. (4) and subsequently agrees to submit to a test to undergo drug testing on a random basis at any time within 10 business days after the individual agrees to submit to a test. The individual may not participate in a work experience program until the individual undergoes a test for the use of a controlled substance and test results have been reported to the administering agency.

(6) Requirement for a confirmation test. If an individual tests positive for the use of a controlled substance, the drug testing vendor shall perform a confirmation test using the same specimen obtained for the initial test. All test results that are non-negative shall be interpreted as positive or negative by a drug testing vendor’s medical review officer who shall be responsible for determining the presence of a controlled substance.

(7) Accepting test results from another program. Results of a drug test performed by another state program, including a work experience program under ss. 49.36, 49.45 (23) (g), 49.79 (9) (d), or 108.133, Stats., or a drug test carried out by the Wisconsin department of corrections, can be used by an administering agency to determine whether to refer an individual to treatment if the prior test results are provided directly to the administering agency, all the controlled substances and metabolites required by the department to be tested under this chapter are included in the prior test results, and the test occurred within the previous 90 days.

(8) Effect of a negative test. An individual who undergoes a test for the use of a controlled substance under this subsection and tests negative for use of a controlled substance or tests positive for use of a controlled substance but provides evidence of a valid prescription for each controlled substance for which the individual tests positive will have fully satisfied the requirements of this chapter and may participate in a work experience program without further screening, testing, or treatment.

(9) Effect of a positive test. An individual whose test results are positive for a controlled substance or metabolite tested and who fails to present evidence of a valid prescription for the controlled substance shall be required to participate in treatment under s. DCF 105.06.

History

EmR1523: emerg. cr., eff. 11-9-15; CR 15-091: cr. Register June 2016 No. 726, eff. 7-1-16.

Wis. Admin. Code § DCF 105.06 Requiring participation in treatment {#sec-dcf-105.06 omnilex-key=us-wi-regs-official--agency-dcf--DCF 105.06}

(1) Who may be required to participate in treatment. Every individual who undergoes a test under s. DCF 105.05 and tests positive for the use of a controlled substance without presenting evidence of a valid prescription as described in s. 49.162 (1), Stats., and as determined by the medical review officer for the drug testing vendor, shall be required to participate in treatment in order to be eligible to participate in a work experience program.

(2) Referral for treatment. The administering agency shall provide information to every individual required to participate in controlled substance abuse treatment about treatment program providers and county-specific assessment and enrollment activities required for entry into treatment. The administering agency shall monitor the individual’s progress in entering and completing treatment and the results of a random test for the use of a controlled substance carried out during and at the conclusion of treatment.

(3) Substance abuse evaluation and assessment. A treatment provider may conduct a substance abuse evaluation and assessment and take any of the following actions based on the evaluation and assessment:

(a) If a treatment provider determines an individual does not need treatment, the provider shall notify the administering agency of its determination.

(b) If a treatment provider determines an individual is in need of treatment, the provider shall refer the individual to an appropriate treatment program to begin treatment and shall notify the administering agency of the referral and the expected begin date and duration of treatment.

(c) If a treatment provider determines an individual is in need of treatment but is unable to refer the individual because there is a waiting list for enrollment in appropriate treatment programs, the provider shall notify the administering agency when the individual is expected to be enrolled.

(4) Eligibility of individual to participate in a work experience program when treatment is not needed or the individual is placed on a waiting list.

(a) An individual who has been determined by a treatment program after assessment not to need treatment will have fully satisfied the requirements of this chapter and may participate in a work experience program without further screening, testing, or treatment.

(b) An individual who is on a waiting list for enrollment in an appropriate treatment program is eligible to participate in a work experience program during the waiting list period, provided the individual is not eligible for immediate enrollment in another appropriate treatment program.

(5) Satisfying the requirement to participate in treatment through participation in another program. An administering agency shall accept current participation in any treatment program to satisfy the requirements of this section. The individual participating in the treatment program shall execute a release of information to allow the administering agency to obtain verification of successful participation in that treatment program.

(6) Refusal to participate in treatment. An individual refuses to participate in treatment if the individual does any of the following:

(a) Fails or refuses to complete a form or release required for program administration, including those required by a treatment provider in order to share information with the administering agency about the individual’s participation in treatment.

(b) Fails or refuses to participate in a controlled substance test required by the treatment provider or the administering agency during the course of required treatment, including random controlled substance testing directed by the treatment provider or administering agency.

(d) Fails or refuses to complete a substance abuse assessment.

(7) Effect of refusal to participate in treatment.

(a) If the treatment provider agrees to continue treatment, an individual who refuses to participate in treatment shall be given one opportunity to participate in treatment by re-entering treatment within 30 days of the refusal to participate.

(b) An individual who does not re-enter treatment within 30 days of a refusal to participate or who refuses a second time to participate in treatment shall be ineligible to participate in a work experience program subject to s. 49.162, Stats., for a period of 12 months.

(8) Controlled substance testing during required treatment.

(a) An individual who is participating in treatment shall undergo a minimum of one randomly administered test for the use of a controlled substance as directed by the administering agency during the course of treatment. Additional tests during required treatment may be directed by the administering agency if recommended by the treatment provider or required under par. (c).

(b) An individual who tests positive for use of a controlled substance during treatment without presenting evidence of a valid prescription for the controlled substance may be eligible to re-enter the treatment program. The individual may re-enter treatment only once as a result of a positive test for use of a controlled substance. The treatment provider shall determine the terms of the individual’s re-entry into treatment based on an assessment of the individual’s treatment needs at the time the individual re-enters treatment. Based on its assessment, the provider may take any action described in sub. (3).

(c) An individual who re-enters treatment under par. (b) shall undergo a minimum of one randomly administered test for the use of a controlled substance during the course of continued treatment following re-entry. After re-entering a treatment program, a confirmed positive test for use of a controlled substance without evidence of a valid prescription for the controlled substance shall result in the individual being ineligible to participate in a work experience program.

(d) An individual who is determined to be ineligible to participate in a work experience program as a result of a second positive test for the use of a controlled substance under par. (c) is not eligible to participate in a department program subject to s. 49.162, Stats., for a period of 12 months.

(9) Testing for use of a controlled substance at the conclusion of required treatment.

(a) All individuals participating in treatment under this section shall undergo testing for use of a controlled substance at the completion of the treatment program.

(b) If an individual tests negative for the use of a controlled substance, or tests positive for the use of a controlled substance but presents evidence of a valid prescription for each controlled substance for which the individual tests positive, the individual will have satisfactorily completed the treatment and testing requirements under this section and may participate in a work experience program without further screening, testing, or treatment.

(c) An individual who refuses a test or tests positive for use of a controlled substance at the completion of controlled substance abuse treatment without presenting evidence of a valid prescription for each controlled substance for which the individual tests positive is not eligible to participate in a work experience program administered by the department for a period of 12 months.

(10) Participation in work experience program activities while in treatment. An administering agency may place individuals in program activities during treatment if program activities will not interfere with participation in treatment. An individual who is not in treatment following a positive test during treatment or a refusal to participate and prior to re-entering treatment may not participate in program activities until the individual re-enters treatment.

History

EmR1523: emerg. cr., eff. 11-9-15; CR 15-091: cr. Register June 2016 No. 726, eff. 7-1-16; correction in (8) (b) made under s. 13.92 (4) (b) 7., Stats., Register June 2016.

Wis. Admin. Code § DCF 105.07 Effect of completing, voluntarily withdrawing, or being terminated from a work experience program {#sec-dcf-105.07 omnilex-key=us-wi-regs-official--agency-dcf--DCF 105.07}

An individual who completes or voluntarily withdraws from a work experience program is no longer subject to s. 49.162, Stats., or this chapter as of the date the individual completes or withdraws from the program. An individual who is terminated from a program for reasons unrelated to substance abuse screening, testing, and treatment is no longer subject to s. 49.162, Stats., or this chapter, as of the date of termination from the program.

History

EmR1523: emerg. cr., eff. 11-9-15; CR 15-091: cr. Register June 2016 No. 726, eff. 7-1-16.

Wis. Admin. Code § DCF 105.08 Confidentiality of records {#sec-dcf-105.08 omnilex-key=us-wi-regs-official--agency-dcf--DCF 105.08}

Screening questionnaires, testing results, and treatment records relating to this chapter may not be disclosed unless for purposes connected with the administration of a work experience program unless disclosure is otherwise authorized by law or by written consent from the individual who is the subject of the record. The department may establish administrative, physical, and technical safeguard procedures administering agencies may be required to follow to assure compliance with state and federal laws relating to public assistance program records, drug testing and treatment records, and medical records.

History

EmR1523: emerg. cr., eff. 11-9-15; CR 15-091: cr. Register June 2016 No. 726, eff. 7-1-16.

Wis. Admin. Code § DCF 105.09 Appeals of decisions under this chapter {#sec-dcf-105.09 omnilex-key=us-wi-regs-official--agency-dcf--DCF 105.09}

(1) An adverse decision under this chapter affecting an individual’s participation in a work experience program providing services and benefits to noncustodial parents under s. 49.159 (1) (b), Stats., may be appealed following the procedure under s. 49.152, Stats.

(2) An adverse decision under this chapter affecting an individual’s participation in the Transform Milwaukee Jobs program under s. 49.163, Stats., or the Transitional Jobs program under s. 49.163, Stats., may be appealed under s. 227.42, Stats., by filing a request for a contested case hearing with the department within 30 days after the effective date of the adverse decision.

History

EmR1523: emerg. cr., eff. 11-9-15; CR 15-091: cr. Register June 2016 No. 726, eff. 7-1-16; correction in (2) made under s. 35.17, Stats., Register June 2016 No. 726; correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register July 2022.

Chapter DCF 120 EMERGENCY ASSISTANCE

Wis. Admin. Code § DCF 120.01 Purpose {#sec-dcf-120.01 omnilex-key=us-wi-regs-official--agency-dcf--DCF 120.01}

This chapter implements s. 49.138, Stats., which directs the department to administer a program of emergency assistance for persons who are in need due to fire, flood, natural disaster, homelessness, impending homelessness, or energy crisis and who meet the eligibility criteria under this chapter.

History

Cr. Register, October, 1999, No. 526, eff. 11-1-99; am. Register, January, 2001, No. 541, eff. 2-1-01.

Wis. Admin. Code § DCF 120.02 Applicability {#sec-dcf-120.02 omnilex-key=us-wi-regs-official--agency-dcf--DCF 120.02}

This chapter applies to all applicants for emergency assistance, all recipients of emergency assistance, and all county and tribal economic support agencies and W-2 agencies administering the emergency assistance program under s. 49.138, Stats.

History

Cr. Register, October, 1999, No. 526, eff. 11-1-99.

Wis. Admin. Code § DCF 120.03 Definitions {#sec-dcf-120.03 omnilex-key=us-wi-regs-official--agency-dcf--DCF 120.03}

In this chapter:

(1m) “Client error” means an error caused by an individual who is a member of an emergency assistance group reporting incorrect information or failing to report information due to a misunderstanding or mistake that results in an overpayment of emergency assistance.

(1p) “Destitution” means extreme want of resources or of the means of subsistence.

(2) “Emergency assistance” means the program under s. 49.138, Stats., for emergency assistance to families with needy children in cases of fire, flood, natural disaster, homelessness, impending homelessness, or energy crisis.

(3) “Emergency assistance group” or “group” means family as referred to in s. 49.138, Stats., and includes one or more dependent children as defined by s. 49.141 (1) (c), Stats., and a qualified caretaker relative with whom the child is living or was living at the time the emergency occurred.

(4) “Emergency shelter facility” means any facility, the primary purpose of which is to provide temporary or transitional shelter for the homeless in general or specific populations of the homeless.

(4m) “Intentional program violation” has the meaning given in s. 49.001 (3m), Stats.

(5) “Migrant worker” has the meaning given in s. 103.90 (5), Stats.

(5m) “Misrepresentation” includes an intentional program violation and a client error.

(6) “Needy person” means a person who meets the eligibility criteria in ss. DCF 120.05 and 120.06.

(6m) “Poverty line” means the poverty line as defined and revised annually under 42 USC 9902 (2).

(7) “Qualified caretaker relative” means a caretaker of a child whose relationship to the caretaker or the caretaker’s spouse is one of the following: son, daughter, grandson, granddaughter, stepson, stepdaughter, brother, sister, stepbrother, stepsister, half brother or half sister, nephew, niece, uncle, aunt, first cousin or grand, great-grand or great-great grand son, daughter, nephew, or niece. A qualified caretaker relative continues to be a qualified relative even when the relationship is terminated by death or divorce.

(8) “W-2 Agency” or “agency” means an entity that is administering the Wisconsin works program as a contractor under s. 49.143, Stats.

History

Cr. Register, October, 1999, No. 526, eff. 11-1-99; am. (2), Register, January, 2001, No. 541, eff. 2-1-01; correction in (6) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; CR 09-059: cr. (6m) Register December 2009 No. 648, eff. 1-1-10; CR 23-073: cr. (1m), (4m), (5m) Register September 2024 No. 825, eff. 10-1-24; renum. (1) to (1p) under s. 13.92 (4) (b) 1., Stats., Register September 2024 No. 824

Wis. Admin. Code § DCF 120.04 Application {#sec-dcf-120.04 omnilex-key=us-wi-regs-official--agency-dcf--DCF 120.04}

Application for emergency assistance shall be made on a form prescribed by the department. Upon receipt of a completed application, the agency shall verify that the emergency was due to fire, flood, natural disaster, homelessness, impending homelessness, or an energy crisis. An agency shall consider the application complete if the application includes a legible name; address, if available; reason for the emergency; signature by the applicant or the applicant’s representative and has been completed to the best of the applicant’s or representative’s ability.

Note: An application form for emergency assistance may be obtained from a county or tribal economic support agency or a Wisconsin Works (W–2) agency. Contact information for Wisconsin works agencies may be found at https://dcf.wisconsin.gov/w2/parents/locator .

History

Cr. Register, October, 1999, No. 526, eff. 11-1-99; am. Register, January, 2001, No. 541, eff. 2-1-01; CR 06-044: am. Register November 2006 No. 611, eff. 12-1-06; CR 23-073: am. Register September 2024 No. 824, eff. 10-1-24.

Wis. Admin. Code § DCF 120.05 Nonfinancial eligibility {#sec-dcf-120.05 omnilex-key=us-wi-regs-official--agency-dcf--DCF 120.05}

(1) Criteria. The emergency assistance group shall meet all of the following nonfinancial eligibility criteria:

(a) The group members shall live in Wisconsin and intend to reside in Wisconsin, except a migrant worker is not required to meet the requirement as to intent to reside in Wisconsin. A never-married child under age 18 is a Wisconsin resident when he or she is under the legal custody of the department or an agency, regardless of the state in which he or she is living. Wisconsin residence shall not be lost when a dependent child or caretaker relative is temporarily absent from Wisconsin for the purpose of visiting, hospitalization, or education.

(b) The group members are citizens or qualifying aliens as defined in s. DCF 101.09 (2) (c).

(c) The child for whom assistance is requested is or, within 6 months prior to the month of application for emergency assistance, was living with a qualified caretaker relative in a place of residence maintained as the caretaker relative’s own home and is anticipated to live with the qualified caretaker relative in the month following the application date.

(d) Assistance is needed to avoid destitution of the child or to provide a living arrangement for the child in a home.

(e) The child’s destitution or need for living arrangements did not result from the child or a qualified caretaker relative refusing without good cause to accept employment or training for employment.

(em) An individual under 18 years of age is ineligible to be a qualified caretaker relative unless:

The individual is or has ever been married.
The individual has no parent, legal guardian, or other appropriate adult relative who would meet applicable criteria to act as the individual’s legal guardian who is living or whose whereabouts are known.
No living parent, legal guardian, or other appropriate adult relative who would meet applicable criteria to act as the individual’s legal guardian allows the individual to live in the home of the parent, guardian, or relative.
The individual or the child for whom assistance is requested is being or has been subjected to serious physical or emotional harm, sexual abuse, or exploitation in the residence of the individual’s own parent or legal guardian.
Substantial evidence exists of an act or failure to act that presents an imminent or serious harm if the individual and the minor child lived in the same residence with the individual’s own parent or legal guardian.
The W-2 agency otherwise determines that it is in the best interest of the individual’s child to waive the general prohibition on assistance to unmarried caretakers who are under 18 years of age.

(f) As determined by the agency, the group’s need has resulted from an emergency due to one or more of the following causes:

Fire.
Flood.
A natural disaster such as a tornado, earthquake, electrical storm, windstorm, hail, sleet, a mud or rock slide, or a natural explosion such as lightning striking an object that then explodes.
Homelessness as determined under sub. (2). The cause of the homelessness need not be the result of a natural disaster.
Impending homelessness as determined under sub. (3).
An energy crisis, as determined under sub. (4).

(2) Eligibility due to homelessness. An emergency assistance group shall be considered homeless for purposes of determining nonfinancial eligibility under sub. (1) if the group needs emergency assistance to obtain a permanent living accommodation and if any of the following conditions apply:

(a) The group lacks a fixed, regular, and adequate nighttime residence.

(b) The group has a current residence that is a shelter designed for temporary accommodation such as a motel, hotel, or emergency shelter facility.

(c) The group has already left its current housing because it is uninhabitable as determined by the local building inspector, the local health department, or other appropriate local authority.

(d) The group is living in a place that is not designed for, or ordinarily used as, a regular sleeping accommodation.

(e) A member of the group was subject to domestic abuse as defined under s. 968.075 (1) (a), Stats.

(3) Eligibility due to impending homelessness. An emergency assistance group shall be considered to be facing impending homelessness for purposes of determining nonfinancial eligibility under sub. (1) if any of the following apply:

(a) The emergency assistance group is experiencing a financial crisis that makes it very difficult to make a rent payment, mortgage payment, or property tax payment and the group has been notified that it will be required to leave its current housing if it does not make that payment immediately. The W-2 agency shall verify the following:

The emergency assistance group is experiencing a financial crisis due to reasons that are either beyond the control of an adult member of the group or that constitute good cause as determined by the W-2 agency.
The financial crisis was caused by one or more of the following:

a. Loss of employment that does not include voluntarily leaving appropriate employment without good cause.

b. Substantial loss of wages due to illness or injury of a group member, domestic violence, lack of child care, a transportation breakdown, or a reduction of work hours by an employer.

c. Loss of income due to a second parent leaving the group.

d. Exceptional, unexpected, and necessary expenses that are not the responsibility of a third party, such as car repair expenses necessary for transportation to work or medical expenses required to be paid.

e. Loss of W-2 benefits due to a sanction that is subsequently overturned through the dispute resolution process under s. 49.152, Stats.

f. Other reasonable circumstances as determined by the W-2 agency.

The emergency assistance group has received at least one of the following notices:

a. A notice terminating tenancy for failure to pay rent that meets the minimum requirements of s. 704.17, Stats.

b. A summons and complaint for an eviction action which is based on failure to pay rent.

c. A notice of foreclosure for failure to pay property taxes or a mortgage.

d. A summons and complaint for a foreclosure action that is based on failure to pay property taxes or a mortgage.

e. A writ of assistance, notice of sale, or other verifiable documentation that a foreclosure judgment has been entered against a member of the emergency assistance group and the group will be required to vacate the premises imminently.

Note: Section 799.40 (4), Stats., provides: “The court shall stay the proceedings in a civil action of eviction if the tenant applies for emergency assistance under s. 49.138, except that no stay may be granted under this paragraph after a writ of restitution has been issued in the proceedings. If a stay is granted, the tenant shall inform the court of the outcome of the determination of eligibility for emergency assistance. The stay remains in effect until the tenant’s eligibility for emergency assistance is determined and, if the tenant is determined to be eligible, until the tenant receives the emergency assistance, except that the stay may not remain in effect for more than 10 working days, as defined in s. 227.01 (14).”

(b)

The emergency assistance group has received written or oral notice that the group will be removed from their rental housing because of a foreclosure action against the owner.
The removal of the group from the rental housing is scheduled to occur within 30 days.
The group needs emergency assistance to obtain a new permanent living accommodation.
The W-2 agency has verified subd. 1. to 3.

(c) The group has to leave its current housing because it is uninhabitable as determined by the local building inspector, the local health department, or other appropriate local authority and the group needs emergency assistance to obtain a new permanent living accommodation.

(d) A member of the group was subject to domestic abuse as defined under s. 968.075 (1) (a), Stats., and the group needs emergency assistance to obtain a new permanent living accommodation or retain a current permanent living accommodation.

(4) Eligibility due to energy crisis. An emergency assistance group is eligible for assistance due to an energy crisis if all of the following apply:

(a) The group has exhausted resources available through the Wisconsin Home Energy Assistance Program, assistance available through a local utility company as required by the public service commission, and any other available energy resources. In this paragraph, “exhausted resources” means either that the group has been denied services from the other sources or other funding sources do not cover the full cost of the group’s energy crisis.

(b) The group needs financial assistance to obtain or maintain heat, electricity, water, or sewer service provided by a utility company.

(c) The lack of, or imminent lack of, utility service providing heat, electricity, water, or sewer is or is likely to be an immediate threat to the health or safety of the group.

(d) The energy crisis is due to reasons beyond the control of adult members of the group or constitute good cause as determined by the W-2 agency.

Note: For more information on the Wisconsin Home Energy Assistance Program (WHEAP), call 1-866-HEATWIS (1-866-432-8947) or click on “where to apply” at http://www.homeenergyplus.wi.gov/. For more information on utility assistance required by the Public Service Commission, see PSC 113, PSC 134, and PSC 185. For concerns about utility service, contact the Public Service Commission at 1-800-225-7729 or the “contact us” section of http://psc.wi.gov.

History

Cr. Register, October, 1999, No. 526, eff. 11-1-99; cr. (1) (em), (f) 5., and (3), renum. (1) (f) 5. to be (1) (f) 6., Register, January, 2001, No. 541, eff. 2-1-01; correction in (1) (b) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; EmR0906: emerg. am. (1) (f) 6. and (3), cr. (3) (b) and (4), eff. 4-22-09; CR 09-059: am. (1) (f) 6., (2) (c) and (3), cr. (3) (b) to (d) and (4) Register December 2009 No. 648, eff. 1-1-10; CR 08-068: am. (1) (c) Register May 2010 No. 653, eff. 6-1-10; correction in (4) (intro.) made under s. 35.17, Stats., Register September 2024 No. 825.

Wis. Admin. Code § DCF 120.06 Financial eligibility {#sec-dcf-120.06 omnilex-key=us-wi-regs-official--agency-dcf--DCF 120.06}

To be eligible for emergency assistance, all of the following conditions shall be met:

(1) Income. The gross income of the emergency assistance group may not exceed 115% of the poverty line. The agency shall determine the amount of income available to the group in accordance with s. DCF 101.09 (4) except any of the following grants received in the month of the emergency is not counted:

(a) Kinship care payments under s. 48.57 (3m) or (3n), Stats.

(b) Foster care payments under s. 48.62, Stats., if the payment is on behalf of a child who is a relative.

(2) Assets. The assets of the emergency assistance group may not exceed $2,500 in combined equity value. In determining the combined equity value of assets under this subsection, the agency shall exclude all of the following:

(a) The equity value of vehicles up to a total equity value of $10,000. In this paragraph, “equity value of vehicles” means the trade-in value of the vehicles as given in a standard guide on motor vehicle values or as estimated by a sales representative at a local car dealership, minus any debts secured by the vehicles.

(b) One home that serves as the homestead for the emergency assistance group.

History

Cr. Register, October, 1999, No. 526, eff. 11-1-99; corrections in (3) (intro.) and (4) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; CR 09-059: r. and recr. Register December 2009 No. 648, eff. 1-1-10; CR 21-090: am. (1), renum. (2) to (2) (intro.) and am., cr. (2) (a), (b) Register July 2022 No. 799, eff. 8-1-22.

Wis. Admin. Code § DCF 120.07 Payment amounts {#sec-dcf-120.07 omnilex-key=us-wi-regs-official--agency-dcf--DCF 120.07}

(1) An emergency assistance payment for impending homelessness, homelessness, fire, flood, or natural disaster, the emergency assistance payment shall be the lowest of the following 2 amounts:

(a) The total of the maximum payment amount per group member for that group size multiplied by the number of members in the emergency assistance group.

Note: The maximum payment amount per group member for impending homelessness, homelessness, fire, flood, or natural disaster is the following:

$600 per group member when the group is 2 members.

$400 per group member when the group is 3 members.

$300 per group member when the group is 4 members.

$240 per group member when the group is 5 members.

$220 per group member when the group is 6 or more members.

Changes to the maximum payment amounts will be announced in the Administrative Register.

(b) The total financial need due to the emergency, as follows:

The financial need due to impending homelessness shall be unpaid rent and related late fees and court costs.
The financial need due to homelessness shall be the first month’s rent, security deposit, and necessary household items.
The financial need due to fire, flood, or natural disaster shall be the total need in all of the following:

a. Temporary housing.

b. First month’s rent and security deposit.

c. Clothing.

d. Food.

e. Medical care.

f. Transportation.

g. Necessary appliances and household items.

h. Necessary home repairs.

(2) The emergency assistance payment for energy crisis shall be the lowest of the following:

(a) The maximum payment amount for the group.

(b) The amount needed to obtain or maintain essential utility service.

Note: The maximum payment amount for energy crisis is $750. Changes to the maximum payment amount will be announced in the Administrative Register.

History

Cr. Register, October, 1999, No. 526, eff. 11-1-99; correction in (3) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; EmR0906: emerg. am. eff. 4-22-09; CR 09-059: r. and recr. Register December 2009 No. 648, eff. 1-1-10.

Wis. Admin. Code § DCF 120.08 Eligibility determination and payment procedures {#sec-dcf-120.08 omnilex-key=us-wi-regs-official--agency-dcf--DCF 120.08}

(1) The agency shall determine eligibility for emergency assistance within 10 working days after receiving a completed application. If the group is found eligible, the agency shall issue a payment to the emergency assistance group within the same 10 working days, except as provided in subs. (4) and (5). The payment may be made in the form of cash, a voucher, or a vendor payment.

(2) The agency shall notify the applicant in writing of the eligibility determination. If the application is denied, the notice shall include reasons for the denial and information about the opportunity to appeal that decision under s. DCF 120.10.

(3) Emergency assistance payments shall not be used for activities related to or the costs of providing temporary or transitional shelter or housing, except if a group is in need of assistance due to a fire, flood, or natural disaster.

(4) If the emergency assistance group’s eligibility is due to homelessness under s. DCF 120.05 (2) or impending homelessness under s. DCF 120.05 (3) (b) or (c), the agency shall issue a payment, following the eligibility determination, within 5 working days of the date that the group notifies the agency that a permanent living accommodation has been obtained.

(5) Emergency assistance payments for impending homelessness under s. DCF 120.05 (3) (a) or (d) may be issued to obtain a new permanent living accommodation or retain a current permanent living accommodation.

(a) If an emergency assistance group requests that the emergency assistance payment be made to obtain a new permanent living accommodation, the agency shall issue a payment, following the eligibility determination, within 5 working days of the date that the group notifies the agency that a permanent living accommodation has been obtained.

(b) If an emergency assistance group requests that the emergency assistance payment be made to retain a current permanent living accommodation, the W-2 agency shall confirm that the landlord, bank, or local government agrees to waive any right to proceed with an eviction or foreclosure action based on the notice served in consideration for receiving the emergency assistance payment on behalf of the group. The agency shall issue a payment, following the eligibility determination, within 5 days of the date that the agency receives this confirmation from the landlord, bank, or local government.

(6) Emergency assistance may be provided to an emergency assistance group once in a 12-month period.

History

Cr. Register, October, 1999, No. 526, eff. 11-1-99; cr. (6), Register, January, 2001, No. 541, eff. 2-1-01; CR 06-044: am. (1), r. (3), renum. (4) to be (3), cr. (4), renum. (5) to be (6) and am., renum. (6) to be (5), Register November 2006 No. 611, eff. 12-1-06; corrections in (2), (4) and (5) (intro.) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; EmR0906: emerg. am. (4) and (5) (intro.), eff. 4-22-09; CR 09-059: am. (2), (4) and (5) (intro.) Register December 2009 No. 648, eff. 1-1-10; CR 23-073: am. (1) Register September 2024 No. 825, eff. 10-1-24.

Wis. Admin. Code § DCF 120.085 Overpayments {#sec-dcf-120.085 omnilex-key=us-wi-regs-official--agency-dcf--DCF 120.085}

(1) Misrepresentation.

(a) The department shall recover an overpayment of emergency assistance from the emergency assistance group that was overpaid if the department determines that the overpayment resulted from a misrepresentation by a group member regarding any fact that had an effect on the group’s eligibility for, or the amount of, the emergency assistance granted.

(b) The department shall send a notice of the overpayment determination to the emergency assistance group’s address as it appears on the records of the department. The notice shall include the amount and reason for the overpayment and the opportunity for a hearing under ch. 227, Stats. A request for a hearing shall be in writing and received at the address provided on the notice within 30 days after the date printed on the notice.

Note: Neither s. 49.138 (4) (a) nor 49.195 (3), Stats., authorize a review by the W-2 agency.

(c) The department shall attempt to recover the overpayment by entering a repayment agreement with the emergency assistance group. If the department does not receive the group’s payment on the debt by the due date 3 times over the life of the repayment agreement, the debt shall be considered delinquent.

(d) If a debt is delinquent under par. (c), no appeal rights are pending, and the time for requesting a hearing has expired, the department may recover the overpayment in any of the following ways:

Certification of the debt to the department of revenue under s. 49.85, Stats., for setoff against any state tax refunds or credits owed under s. 71.93, Stats.
Warrant and execution under s. 49.195 (3m), Stats., if the amount owed is more than $300.
Any other authorized collection method.

(2) Administrative error.

(a) The department shall recover an overpayment of emergency assistance from a W-2 agency if the department determines that the overpayment is the result of an error made by the agency.

(b) The department shall provide notice of the overpayment determination to the W-2 agency with notice that the department will be offsetting the overpayment amount from any payments otherwise due to the W-2 agency under s. 49.143, Stats. The notice shall be provided at least 30 days prior to the offset.

(c) The W-2 agency may request a review of the overpayment determination following the dispute resolution procedures in the agency contract with the department under s. 49.143, Stats.

(d) If the department’s initial attempt at recovery of the overpayment under par. (b) is unsuccessful, the department may use any of the following collection methods:

Certification of the debt to the department of revenue under s. 49.85, Stats., for setoff against any state tax refunds or credits owed under s. 71.93, Stats.
Warrant and execution under s. 49.195 (3m), Stats.
Any other legal means.

(3) Limit on liability. Liability for overpayments shall be limited to the following:

(a) One year after the W-2 agency or the department discovers an administrative error.

(b) Six years after the W-2 agency or the department discovers a client error.

History

CR: 23-073: cr. Register September 2024 No. 825, eff. 10-1-24; correction in (2) (d) 2. made under s. 35.17, Stats., Register September 2024 No. 825.

(1) In determining the emergency assistance group’s total need, the agency shall consider the social service needs of the group and make appropriate referrals to assist the group in meeting those needs.

(2) Social service needs include but are not limited to the need for:

(a) Information and referral to the appropriate service agency

(b) Counseling

(d) Child care funding.

History

Cr. Register, October, 1999, No. 526, eff. 11-1-99.

Wis. Admin. Code § DCF 120.10 Review of agency decisions {#sec-dcf-120.10 omnilex-key=us-wi-regs-official--agency-dcf--DCF 120.10}

(1) An emergency assistance applicant or participant may petition the agency for a review as provided under s. 49.138 (4), Stats., if one of the following occurs or is alleged by the applicant or participant:

(a) The application for emergency assistance was not acted upon promptly after filing. The standard for reasonable promptness shall be the requirements established by s. DCF 120.08 (1).

(b) The application is denied in whole or in part.

(d) The award is insufficient.

Note: Section 49.138 (4), Stats., provides as follows: “(a) Any individual whose application for emergency assistance under this section is not acted upon with reasonable promptness, after the filing of the application, as defined by the department by rule, or is denied in whole or in part, or who believes that the assistance amount was calculated incorrectly, may petition the administering agency for a review of such action. Review is unavailable if the action by the administering agency occurred more than 45 days prior to submission of the petition for review.

(b) Upon a timely petition under par. (a), the administering agency shall give the petitioner reasonable notice and opportunity for a review. The administering agency shall render its decision as soon as possible after the review and shall send by 1st class mail a certified copy of its decision to the petitioner. The administering agency shall deny a petition for review or shall refuse to grant relief if the petitioner does any of the following:

1. Withdraws the petition in writing.

2. Abandons the petition. Abandonment occurs if the petitioner fails to appear in person or by representative at a scheduled review without good cause, as defined by the department by rule.

(c) If the administering agency is a Wisconsin works agency, the department may review the decision of the Wisconsin works agency if, within 14 days after the date on which the certified copy of the decision of the Wisconsin works agency is mailed, the applicant or participant petitions the department for a review of that decision.”

(2) In determining whether a petition for review is abandoned under s. 49.138 (4) (b) 2., Stats., the standard for good cause shall be circumstances beyond the control of the applicant or participant that cannot be remedied by the applicant or participant and which prevent the applicant or participant from attending a scheduled review.

History

Cr. Register, October, 1999, No. 526, eff. 11-1-99; correction in (1) (a) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635.

Chapter DCF 150 CHILD SUPPORT STANDARD

Wis. Admin. Code § DCF 150.01 Introduction {#sec-dcf-150.01 omnilex-key=us-wi-regs-official--agency-dcf--DCF 150.01}

(1) Authority and purpose. This chapter is promulgated under the authority of s. 49.22 (9), Stats., for the purpose of establishing a standard to be used in determining child support under ss. 767.225, 767.34, 767.501, 767.511, 767.513, 767.59, and 767.89, Stats.

(2) Applicability. This chapter applies to any petition for a temporary or final order for child support of a marital or nonmarital child in an action affecting a family under ch. 767, Stats., any stipulated child support settlement under s. 767.34, Stats., or any revision of judgment under s. 767.59, Stats.

(3) Effect of rule change. A modification of any provision in this chapter shall not in and of itself be considered a substantial change in circumstances sufficient to justify a revision of a judgment or order under s. 767.59, Stats.

Note: A modification of any provision in this chapter shall apply to orders established after the effective date of the modification.

History

Cr. Register, January, 1987, No. 373, eff. 2-1-87; r. (2) (b) to (d), Register, August, 1987, No. 380, eff. 9-1-87; am. (1), r. and recr. (2), Register, February, 1995, No. 470, eff. 3-1-95; correction in (1) made under s. 13.93 (2m) (b) 7., Stats., Register January 2003 No. 565; CR 03-022: cr. (3) Register December 2003 No. 576, eff. 1-1-04; corrections made under s. 13.93 (2m) (b) 7., Stats., Register June 2007 No. 618; CR 09-036: am. (1) Register November 2009 No. 647, eff. 1-1-10.

Wis. Admin. Code § DCF 150.02 Definitions {#sec-dcf-150.02 omnilex-key=us-wi-regs-official--agency-dcf--DCF 150.02}

In this chapter:

(1) “Acknowledgement of paternity” means both the mother and the father voluntarily signed and filed a form under s. 69.15 (3) (b) 1. or 3., Stats., with the state registrar.

(2) “Adjusted monthly income available for child support” means the monthly income at which the child support obligation is determined for serial family payers, which is the payer’s monthly income available for child support less the amount of any existing legal obligation for child support.

(3) “Basic support costs” means food, shelter, clothing, transportation, personal care, and incidental recreational costs.

(4) “Child” means the natural or adopted child of the payer.

(5) “Child support” or “child support obligation” means an obligation to support a marital child either in an intact family or as a result of a court order, an obligation to support the payer’s nonmarital child as a result of a court order, or an obligation to support the payer’s nonmarital child in an intact family as a result of adoption, maternity or an acknowledgement of paternity.

(6) “Court” means a circuit court judge or family court commissioner.

(7) “Current 6-month treasury bill rate” means the yield of a U.S. government security with a term of 6 months.

(8) “Department” means the Wisconsin department of children and families.

(9) “Dependent household member” means a person for whom a taxpayer is entitled to an exemption for the taxable year under 26 USC 151.

(9m) “Designated percentage” means the applicable percentage of a parent’s monthly income available for child support or adjusted monthly income available for child support under s. DCF 150.035 (2) or 150.04 (4) or (5).

Note: The standard is based on national studies of the percentage of income used to support a child or children, with adjustment downward of those percentages to reflect costs incurred by the payer for what used to be called visitation under Wisconsin law and is now called physical placement and to maintain health insurance for the child or children.

(11) “Family support” means an amount which a person is legally obligated to pay pursuant to an order under s. 767.531, Stats., as a substitute for child support under s. 767.511, Stats., and maintenance payments under s. 767.56, Stats.

(12) “Federal dependency exemption” means the deduction allowed in computing taxable income pursuant to 26 USC 151 for a child of the taxpayer who has not attained the age of 19 or who is a student.

(12m) “Federal poverty guidelines” means the poverty guidelines updated periodically in the Federal Register by the U.S. department of health and human services under the authority of 42 USC 9902 (2).

(13) “Gross income.”

(a) “Gross income” means all of the following:

Salary and wages.
Interest and investment income.
Social Security disability and old-age insurance benefits under 42 USC 401 to 433.
Net proceeds resulting from worker’s compensation or other personal injury awards intended to replace income.
Unemployment insurance.
Income continuation benefits.
Voluntary deferred compensation, employee contributions to any employee benefit plan or profit–sharing, and employee contributions to any pension or retirement account whether or not the account provides for tax deferral or avoidance.
Veterans disability compensation benefits and military allowances, including basic allowances for subsistence and housing, but excluding amounts attributable to area variable housing costs.
Undistributed income of a corporation, including a closely–held corporation, or any partnership, including a limited or limited liability partnership, in which the parent has an ownership interest sufficient to individually exercise control or to access the earnings of the business, unless the income included is an asset under s. DCF 150.03 (4). In this paragraph:

a. “Undistributed income” means federal taxable income of the closely held corporation, partnership, or other entity plus depreciation claimed on the entity’s federal income tax return less a reasonable allowance for economic depreciation.

b. A “reasonable allowance for economic depreciation” means the amount of depreciation on assets computed using the straight line method and useful lives as determined under federal income tax laws and regulations.

Note: Income considered under this subsection is subject to the adjustments under s. DCF 150.03 (2).

All other income, whether taxable or not, except that gross income does not include any of the following:

a. Child support.

b. Foster care payments under s. 48.62, Stats.

c. Kinship care payments under s. 48.57 (3m) or (3n), Stats.

d. Public assistance benefits under ch. 49, Stats., except that child care subsidy payments under s. 49.155, Stats., shall be considered income to a child care provider.

e. Food stamps under 7 USC 2011 to 2036.

f. Cash benefits paid by counties under s. 59.53 (21), Stats.

g. Supplemental Security Income under 42 USC 1381 to 1383f and state supplemental payments under s. 49.77, Stats.

h. Payments made for social services or any other public assistance benefits.

(b) This subsection defines gross income used in establishing a child support order under this chapter and may not be used to limit income withholding under s. 767.75, Stats., or the assignment of worker’s compensation benefits for child support under s. 102.27 (2), Stats.

Note: This paragraph clarifies that although the portion of worker’s compensation awards not intended to replace income is excluded from gross income in establishing a child support order, the full worker’s compensation benefit is assignable for the collection of child support.

(14) “Income imputed based on earning capacity” means the amount the court determines under s. DCF 150.03 (3) if the parent has no other income or the difference between the amount the court determines under s. DCF 150.03 (3) and the parent’s gross income or income modified for business expenses if the parent has actual income.

(15) “Income imputed from assets” means the amount of income ascribed to assets that are unproductive and to which income has been diverted to avoid paying child support or from which income is necessary to maintain the child or children at the standard of living they would have if they were living with both parents, and that exceeds the actual income from the assets.

(15m) “Income imputed when no or little information is known” means the amount that the court determines under s. DCF 150.03 (3m).

(16) “Income modified for business expenses” means the amount of income after adding wages paid to dependent household members, adding undistributed income that the court determines is not reasonably necessary for the growth of the business, and subtracting business expenses that the court determines are reasonably necessary for the production of that income or operation of the business and that may differ from the determination of allowable business expenses for tax purposes.

(17) “Intact family” means a family in which the child or children and the payer reside in the same household and the payer shares the payer’s income directly with the child or children and has a legal obligation to support the child or children.

(18) “Legal obligation for child support” has the meaning prescribed for “child support” or “child support obligation” in sub. (5).

(19) “Low-income payer” means a payer for whom the court uses the monthly support amount provided in the schedule in Appendix C based on the court’s determination that the payer’s total economic circumstances limit the payer’s ability to pay support at the level provided under s. DCF 150.035 and the payer’s income available for child support is at a level set forth in the schedule in Appendix C.

(20) “Marital child” means a child determined to be a marital child under s. 767.803, Stats.

(21) “Monthly income available for child support” means the monthly income at which the child support obligation is determined, which is calculated by adding the parent’s annual gross income or, if applicable, the parent’s annual income modified for business expenses; the parent’s annual income imputed based on earning capacity; the parent’s annual income imputed when no or little information is known; and the parent’s annual income imputed from assets, and dividing that total by 12.

(22) “Parent” means the natural or adoptive parent of the child.

(23) “Payee” means the parent who is the recipient of child support as a result of a court order.

(24) “Payer” means the parent who incurs a legal obligation for child support as a result of a court order.

(25) “Serial-family parent” means a parent with an existing legal obligation for child support who incurs an additional legal obligation for child support in a subsequent family as a result of a court order.

(25m) “Shared-placement parent” means a parent who has a court-ordered period of placement of at least 25% and is ordered by the court to assume the child’s basic support costs in proportion to the time that the parent has placement of the child.

(26) “Shared-placement payer” means the shared-placement parent who is determined to owe a greater support amount than the other parent under the calculation in s. DCF 150.035 (1).

(27) “Split-placement payer” means a payer who has 2 or more children and who has physical placement of one or more but not all of the children.

(29) “Variable costs” means the reasonable costs above basic support costs incurred by or on behalf of a child, including but not limited to, the cost of child care, tuition, a child’s special needs, and other activities that involve substantial cost.

(30) “Worksheet” means the department’s percentage standard worksheet, printed as Appendix B to this chapter.

History

Cr. Register, January, 1987, No. 373, eff. 2-1-87; r. (2) (b) to (d), r. and recr. (12) to (14), renum. (26) to (28) to be (27) to (29) and am. (29), cr. (26), Register, August, 1987, No. 380, eff. 9-1-87; r. and recr., Register, February, 1995, No. 470, eff. 3-1-95; CR 03-022: am. (2), r. and recr. (3), r. (4), renum. (5) through (10) to be (4) through (9), am. (8), cr. (10), r. and recr. (13), (20), (25), (28) and (30), renum. (14), (16), (17) and (18) to be (16), (17), (18) and (20), am. (16) and (18), cr. (14), am. (15), renum. (19), (22), (23) and (24) to be (22), (23), (24) and (25), cr. (19), r. and recr. (21), renum. (26) and (27) to be (27) and (28) and am., cr. (26), r. and recr. (29), renum. (31) to be (30) Register December 2003 No. 576, eff. 1-1-04; corrections in (11) and (13) (b) made under s. 13.93 (2m) (b) 7., Stats., Register June 2007 No. 618; corrections in (8), (13) (a) 9., (19), (26), and (28) made under s. 13.92 (4) (b) 6. and 7., Stats., Register November 2008 No. 635; EmR0821: emerg. cr. (12m), eff. 6-27-08; CR 08-066: cr. (12m) Register December 2008 No. 636, eff. 1-1-09; CR 09-036: am. (25) and (26), cr. (25m) Register November 2009 No. 647, eff. 1-1-10; CR 16-075: am. (10), (13) 7., 8. Register June 2018 No. 750, eff. 7-1-18; 2021 Wis. Act 35: cr. (9m), am. (19), (26), r. (28) Register June 2021 No. 786, eff. 12-1-21; correction in (26) made under s. 35.17, Stats., Register December 2021 No. 792; 2021 Wis. Act 160: am. (13) (a) 8. Register March 2022 No. 795, eff. 4-1-22; CR 23-011: r. (10), r. and recr. (14), cr. (15m), am. (17), (19), (21) Register December 2023 No. 816 eff. 1-1-24.

Wis. Admin. Code § DCF 150.03 Support orders {#sec-dcf-150.03 omnilex-key=us-wi-regs-official--agency-dcf--DCF 150.03}

(1) Determining income available for child support. The court shall determine a parent’s monthly income available for child support by adding together the parent’s annual gross income or, if applicable, the parent’s annual income modified for business expenses; the parent’s annual income imputed based on earning capacity; the parent’s annual income imputed when no or little information is known; and the parent’s annual income imputed from assets, and dividing that total by 12. This may be done by completing the worksheet in Appendix B, although use of the worksheet for this purpose is not required.

(2) Determining income modified for business expenses. In determining a parent’s monthly income available for child support under sub. (1), the court may adjust a parent’s gross income as follows:

(a) Adding wages paid to dependent household members.

(b) Adding undistributed income that meets the criteria in s. DCF 150.02 (13) (a) 9. and that the court determines is not reasonably necessary for the growth of the business. The parent shall have the burden of proof to show that any undistributed income is reasonably necessary for the growth of the business.

(c) Reducing gross income by the business expenses that the court determines are reasonably necessary for the production of that income or operation of the business and that may differ from the determination of allowable business expenses for tax purposes.

(3) Income imputed based on earning capacity. If a parent is voluntarily unemployed or underemployed without good cause, the court may impute income to the parent based on the parent’s earning capacity. A parent’s incarceration may not be treated as voluntary unemployment for purposes of establishing or modifying a child support order. In determining a parent’s earning capacity, the court may consider the following factors:

(a) The parent’s recent work experience.

(b) The parent’s earnings during previous periods of employment.

(d) The parent’s education.

(e) A vocational evaluation of the parent, if available.

(f) The parent’s diligence in seeking appropriate employment.

(g) Employment barriers the parent faces, such as homelessness, lack of a driver’s license, alcohol or other drug dependence, or immigration status.

(h) The parent’s criminal history and history of incarceration.

(i) If the parent is unemployed, whether the unemployment is due to the parent’s job-related misconduct.

(j) If the parent is the caretaker of a child common to the parties, the relationship between the parent’s earning capacity and the child care costs that would be incurred if the parent obtained paid employment.

(k) If the parent is the caretaker of a child common to the parties who has unusual emotional or physical needs, whether the child requires that parent’s presence in the home.

(L) The parent’s participation in reasonable career or occupational training to establish basic skills or enhance earning capacity.

(m) The parent’s age.

(n) The location of the parent’s residence.

(o) The parent’s receipt of Wisconsin Works cash assistance under s. 49.148, Stats.

(p) The parent’s receipt of Supplemental Security Income under 42 USC 1381 to 1383f.

(q) Any other factor that the court determines is relevant.

(3m) Income imputed when no or little information is known. If a parent’s income is unknown and evidence is presented that due diligence has been exercised to ascertain information on the parent’s actual income or ability to earn and no or little information is known, the court may impute the income to the parent that an individual would earn by working 10 to 35 hours per week for the higher of the federal minimum hourly wage under 29 USC 206 (a) (1) or the state minimum hourly wage under s. 104.035 (1) (a), Stats. The court may use any factors in sub. (3), if known, to determine the number of hours to impute.

(4) Determining income imputed from assets.

(a) The court may impute a reasonable earning potential to a parent’s assets if the court finds both of the following:

The parent has ownership and control over any real or personal property, including but not limited to, life insurance, cash and deposit accounts, stocks and bonds, business interests, net proceeds resulting from worker’s compensation or other personal injury awards not intended to replace income, and cash and corporate income in a corporation in which the parent has an ownership interest sufficient to individually exercise control and the cash or corporate income is not included as gross income under s. DCF 150.02 (13).
The parent’s assets are underproductive and at least one of the following applies:

a. The parent has diverted income into assets to avoid paying child support.

b. Income from the parent’s assets is necessary to maintain the child or children at the standard of living they would have had if they were living with both parents.

(b) The court shall impute income to assets by multiplying the total net value of the assets by the current 6-month treasury bill rate or any other rate that the court determines is reasonable and subtracting the actual income from the assets that was included as gross income under s. DCF 150.02 (13).

(5) Adjustment for child’s social security.

(a) The court may consider a child’s benefit under 42 USC 402 (d) based on a parent’s entitlement to federal disability or old-age insurance benefits under 42 USC 401 to 433 and adjust a payer’s child support obligation by subtracting the amount of the child’s benefit received by the payee. In no case may this adjustment require the payee to reimburse the payer for any portion of the child’s benefit. If the payer is receiving the child’s benefit, the support amount is either the designated percentage applied to the payer’s income or the amount of the child’s benefit, whichever is greater.

(b) If the shared-placement guidelines under s. DCF 150.035 (1) apply, the child’s benefit is split between the parents in proportion to the amount of time the child spends with each parent. Add the proportion of the child’s benefit that represents the proportion of time the child spends with the parent not receiving the benefit to the support obligation of the parent who is receiving the child’s benefit. Support shall be determined as follows:

Determine each parent’s monthly income available for child support under sub. (1). If a parent has one or more previous child support obligations, determine the parent’s monthly income available for child support adjusted for the previous obligations as provided in s. DCF 150.04 (1). Include the parent’s federal disability or old age insurance benefits under 42 USC 401 to 433 in that parent’s income, but do not include the child’s benefit under 42 USC 402 (d) in either parent’s income.
Multiply each parent’s monthly income available for child support by the designated percentage.
Multiply each amount determined under subd. 2. by 150%.
Multiply the amount determined for each parent in subd. 3. by the proportion of time that the child spends with the other parent.
Multiply the amount of the child’s benefit by the proportion of the time the child spends with the parent who is not receiving the child’s benefit.
Add the amount in subd. 5. to the child support obligation calculated in subd. 4. for the parent who is receiving the child’s benefit.
Offset the resulting amounts against each other. The parent with the greater child support obligation is the shared-placement payer. The shared-placement payer shall pay either the lesser of the amount determined in this subsection or the amount determined using the designated percentage.

Note: The following example shows how the child support obligation is determined for a shared-placement parent who receives a child’s benefit under 42 USC 402 (d):

Assumptions:

Two children

Parent A has placement 146 days or 40% of the year.

Parent B has placement 219 days or 60% of the year.

Parent A’s current monthly income available for support is $2000.

Parent B’s current monthly income available for support is $2500

Parent B receives a $1000 per month child’s benefit under 42 USC 402(d) based on Parent A’s entitlement to federal disability or old-age insurance benefits under 42 USC 401 to 433.

Calculation:

(5m) Adjustment for adoption assistance. The court may consider adoption assistance received by either parent under s. 48.975 (3) (a), Stats. If the shared placement guidelines under s. DCF 150.035 (1) apply, the adoption assistance should be split between the parents in proportion to the amount of time the child spends with each parent. Add the proportion of the adoption assistance that represents the proportion of time the child spends with the parent not receiving the adoption assistance to the support obligation of the parent who is receiving the adoption assistance. Support shall be determined as follows:

(a) Determine each parent’s monthly income available for child support under s. DCF 150.03 (1). If a parent has one or more previous child support obligations, determine the parent’s monthly income available for child support adjusted for the previous obligations as provided in s. DCF 150.04 (1). Do not include the adoption assistance under s. 48.975 (3) (a), Stats., in either parent’s income.

(b) Multiply each parent’s monthly income available for child support by the designated percentage.

(d) Multiply the amount determined for each parent in par. (c) by the proportion of time that the child spends with the other parent.

(e) Multiply the amount of the adoption assistance by the proportion of the time the child spends with the parent who is not receiving the child’s benefit.

(f) Add the amount in par. (e) to the child support obligation calculated in par. (d) for the parent who is receiving the adoption assistance.

(g) Offset the resulting amounts against each other. The parent with the greater child support obligation is the shared-placement payer. The shared-placement payer shall pay the lesser of the amount determined in this subsection or the amount determined using the designated percentage.

Note: Section 46.10 (14) (cm) 1., Stats., caps the amount that adoptive parent/s may be ordered to pay for child support to the amount of the adoption assistance.

(6) Determine child support before maintenance. If a payer will have obligations for both child support and maintenance to the same payee, the court shall determine the payer’s child support obligation under this chapter before determining the payer’s maintenance obligation under s. 767.56, Stats.

(7) Calculation of family support. When the designated percentage is used to calculate support under s. 767.531, 2019 Stats., the amount determined shall be increased by the amount necessary to provide a net family support payment, after state and federal income taxes are paid, of at least the amount of a child support payment under the standard.

(8) Expression of ordered support. The support amount shall be expressed as a fixed sum unless the parties have stipulated to expressing the amount as a percentage of the payer’s income and the requirements under s. 767.34 (2) (am) 1. to 3., Stats., are satisfied.

(9) Trust. The court may protect and promote the best interests of the minor children by setting aside a portion of the child support that either party is ordered to pay in a separate fund or trust for the support, education, and welfare of such children.

(10) Dependency exemption. The court may order the payee to waive the federal dependency exemption provided that the payee’s execution of the exemption waiver is made contingent on the receipt of child support payments.

History

Cr. Register, January, 1987, No. 373, eff. 2-1-87; am. (1) (intro.), Register, August, 1987, No. 380, eff. 9-1-87; am. (1) (intro.), renum. (2) to (4) to be (4) to (6) and am. (5), cr. (2), (3), (7), Register, February, 1995, No. 470, eff. 3-1-95; corrections in (7) made under s. 13.93 (2m) (b) 7., Stats., Register January 2003 No. 565; CR 03-022: r. and recr. (1) (intro), (2), (3), and (5), renum. (4), (6) and (7) to be (7), (10) and (11), cr. (4), cr. (6), (8) and (9) Register December 2003 No. 576, eff. 1-1-04; corrections in (6), (7), (8). (11) (a) and (b) made under s. 13.93 (2m) (b) 7., Stats., Register June 2007 No. 618; corrections in (1) (intro.), (2) (b), (4) (a) 1. and (b) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; CR 08-066: am. (3) Register December 2008 No. 636, eff. 1-1-09; CR 16-075: am. (3), renum. (5) to (5) (a) and am., cr. (5) (b), (5m) Register June 2018 No. 750, eff. 7-1-18; CR 18-087: am. (5) (b) 7. Register June 2019 No. 762, eff. 7-1-19; 2021 Wis. Act 35: (1) renum. from (1) (intro.) and am., (1) (a) to (e) renum. to DCF 150.035 (2) (a) to (e), am. (5) (a), (b) (intro.) 2., 7., (5m) (intro.), (a), (b), (g), (7), (11) renum. to DCF 150.035 (3) and am. Register June 2021 No. 786, eff. 12-1-21; correction in (5) (b) 1. made under s. 35.17, Stats., Register December 2021 No. 792; CR 23-011: am. (1), r. and recr. (3), cr. (3m) Register December 2023 No. 816, eff. 1-1-24.

Wis. Admin. Code § DCF 150.035 Determining the child support obligation {#sec-dcf-150.035 omnilex-key=us-wi-regs-official--agency-dcf--DCF 150.035}

(1) Determining the child support obligations of shared-placement parents.

(a) Applicability. The shared-placement formula may be applied when all of the following conditions are met:

Both parents have court-ordered periods of placement of at least 25 percent or 92 days per year based on the number of overnights or equivalent care under par. (ar) provided by each parent.
Each parent is ordered by the court to assume the child’s basic support costs in proportion to the time that the parent has placement of the child.

(ag) Periods of placement and total number of overnights.

A parent’s period of placement shall be determined by calculating the number of overnights or equivalent care under par. (ar) ordered to be provided by the parent and dividing that number by the total number of overnights in a year.
When a parent is providing court-ordered equivalent care of the child under par. (ar), the total number of overnights in a year may exceed 365.
The combined periods of court-ordered placement for both parents shall equal the total number of overnights.

(ar) Equivalent care.

‘General.’ A parent’s court-ordered period of placement may include periods when the parent is caring for the child that is not overnight, but is determined by the court to require the parent to assume basic support costs that are substantially equivalent to what the parent would spend to care for the child overnight, subject to subd. 2.

Note: For example, a parent working 3rd shift who is generally unable to provide overnight care may be eligible to receive credit for equivalent care provided during the day.

‘No duplicate credit.’ A parent may not receive credit for equivalent care of the child during a period that is within 24 hours of a period for which the parent receives credit for overnight care of the child, unless the other parent is providing overnight care the night before and night after the period when the equivalent care is provided.

Note: The exception clarifies that Parent A may be eligible for equivalent care credit for care provided on Monday morning after providing overnight care on Saturday night if Parent B is providing overnight care on Sunday and Monday nights.

‘Calculation of equivalent care.’ A block of time during which the parent cares for the child for at least 6 hours may be considered the equivalent of a half-day if the parent provides a meal during this period. Two half-day blocks are an equivalent of one overnight for purposes of the calculation.

(b) Determination. The child support obligations for parents who meet the requirements of par. (a) may be determined as follows:

Determine each parent’s monthly income available for child support under s. DCF 150.03 (1). In determining whether to impute income based on earning capacity for an unemployed parent or a parent employed less than full time under s. DCF 150.03 (3), the court shall consider benefits to the child of having a parent remain in the home during periods of placement and the additional variable day care costs that would be incurred if the parent worked more. If a parent has one or more previous child support obligations, determine the parent’s monthly income available for child support adjusted for the previous obligations as provided in s. DCF 150.04 (1).
Multiply each parent’s monthly income available for child support by the designated percentage.
Multiply each amount determined under subd. 2. by 150%.

Note: The 150% accounts for household maintenance expenditures duplicated by both parents, such as a bedroom, clothes, and personal items.

Multiply the amount determined for each parent under subd. 3. by the proportion of the time that the child spends with the other parent to determine each parent’s child support obligation.
Offset resulting amounts under subd. 4. against each other. The parent with a greater child support obligation is the shared-placement payer. The shared-placement payer shall pay the lesser of the amount determined under this subdivision or the amount determined using the designated percentage. If the shared-placement payer is also a low-income or high-income payer, the court may combine the provisions of either s. DCF 150.04 (4) or (5) with the provisions of this section.
In addition to the child support obligation determined under subd. 5., the court shall assign responsibility for payment of the child’s variable costs in proportion to each parent’s share of physical placement, and based upon a detailed list of the variable costs provided by the parties. Due consideration shall be given to a disparity in the parents’ income and the transportation costs associated with each parent’s respective periods of physical placement. The court shall direct the manner of payment of a variable cost order to be either between the parents or from a parent to a third-party service provider. The court shall not direct payment of variable costs to be made to the department or the department’s designee.
A change in the child’s variable costs shall not in and of itself be considered a substantial change in circumstances sufficient to justify a revision of a judgment or order under s. 767.59, Stats.

Note: The following example shows how to calculate the child support obligations of shared-placement parents.

Number of children: Two

Parent A: $2,000 monthly income available for child support

Court-ordered placement of the child for 219 days a year or 60%.

Parent B: $3,000 monthly income available for child support

Court-ordered placement of the child for 146 days a year or 40%.

Example of equivalent care:

Number of children: Two

Parent A: $2,000 monthly income available for child support

Parent A has court-ordered placement of the child 271 days a year or 74%.

Parent B: $3,000 monthly income available for child support

Parent B has court-ordered placement of the child 94 days a year or 26%.

Parent B also provides day care 4 days a week from 3 pm – 9 pm and

Provides dinner to the children 46 weeks per year.

(4) 6 hour blocks per week = 2 overnights X 46 weeks= 92 overnights per year

Total number of overnights = 457 (271 + 94 + 92)

Parent A = 59%

Parent B = 41%

Time with Parent A = 59% (271/457 = .59)

Time with Parent B = 41% (94 +92)/457=.407

(2) Determining the child support obligation of nonshared placement parents. If the conditions under sub. (1) (a) are not met, the child support obligation is one of the following percentages of the parent’s monthly income available for child support or adjusted monthly income available for child support, except as provided under s. DCF 150.04 (4) or (5):

(a) 17% for one child;

(b) 25% for 2 children;

(d) 31% for 4 children; and

(e) 34% for 5 or more children.

Note: See Appendix A which indicates the amount of child support at various levels of income using the percentage standard.

(3) Deviation from the percentage standard.

(a) Upon request by a party, the court may modify the amount of child support payments determined under sub. (2) if, after considering the factors in s. 767.511 (1m), Stats., as applicable, the court finds by the greater weight of the credible evidence that use of the designated percentage is unfair to the child or to any of the parties.

(b) If the court under par. (a) modifies the amount of child support payment determined under sub. (2), the court shall state in writing or on the record the amount of support that would be required by using the designated percentage, the amount by which the court’s order deviates from that amount, its reasons for finding that use of the designated percentage is unfair to the child or the party, its reasons for the amount of the modification and the basis for the modification as provided under s. 767.511 (1n), Stats.

History

2021 Wis. Act 35: (2) (a) to (e), (3) renum. from DCF 150.03 (1) (a) to (e), (11), cr. (title), (2), (1) renum. from DCF 150.04 (2) and am. (1) (b) 1., 2., 5. Register June 2021 No. 786, eff. 12-1-21; CR 23-011: r. and recr. (1) (a), cr. (1) (ag), (ar), (b) (title) Register December 2023 No. 816, eff. 1-1-24.

Wis. Admin. Code § DCF 150.04 Determining the child support obligation in special circumstances {#sec-dcf-150.04 omnilex-key=us-wi-regs-official--agency-dcf--DCF 150.04}

Child support may be determined under special circumstances as follows:

(1) Determining the child support obligation of a serial-family parent.

(a) Applicability. This subsection applies only if the support obligation being calculated is for children from a subsequent family or subsequent paternity judgment or acknowledgment. A parent may not use the provisions of this subsection as a basis for seeking modification of an existing order based on a subsequently incurred legal obligation for child support. A parent with a legal obligation to support a child in an intact family is a serial family payer for the purpose of calculating a support obligation for children from a subsequent family under the provisions of this subsection and s. DCF 150.04 (6) (c).

(b) Determination. For a serial-family parent the child support obligation incurred for a marital or nonmarital child in a subsequent family as a result of a court order may be determined as follows:

Determine the parent’s monthly income available for child support under s. DCF 150.03 (1).
Determine the order of the parent’s legal obligations for child support by listing them according to the date each obligation is incurred. For a marital child, the legal obligation for child support is incurred on the child’s date of birth. For a nonmarital child, the father’s legal obligation for child support is incurred on the date that paternity is legally established. For a nonmarital child in an intact family, it is incurred on the date of adoption or the date that paternity is legally established. For a nonmarital maternal child in an intact family, it is incurred on the child’s date of birth.
Determine the first child support obligation as follows:

a. If the parent is subject to an existing support order for that legal obligation, except a shared-placement order under s. DCF 150.035 (1), the support for that obligation is the higher of the monthly amount of the existing order or the monthly support amount that would currently be determined under this chapter.

b. If the parent is in an intact family or is subject to a shared-placement order under s. DCF 150.035 (1), the support is determined by multiplying the designated percentage for that number of children by the parent’s monthly income available for child support or, if applicable, determine support under sub. (3), (4), or (5) or s. DCF 150.035 (1).

Adjust the monthly income available for child support by subtracting the support for the first legal obligation under subd. 3. from the parent’s monthly income available for child support under subd. 1.
Determine the second child support obligation as follows:

Adjust the monthly income available for child support a second time by subtracting the support for the second legal obligation determined under subd. 5. from the first adjusted monthly income available for child support determined under subd. 4.
Repeat the procedure under subds. 5. and 6. for each additional legal obligation for child support the serial-family parent has incurred.
Multiply the designated percentage for the number of children subject to the new order by the final adjusted monthly income available for child support determined in either subd. 6. or 7. to determine the new child support obligation or if applicable, determine the new child support obligation under sub. (3), (4), or (5) or s. DCF 150.035 (1). If multiple child support obligations reduce a serial-family parent’s income to a level set forth in the schedule in ch. DCF 150 Appendix C, the court may combine the provisions of this subsection with the provisions for determining the support obligation of a low-income payer under s. DCF 150.04 (4).

Note: The following example shows how the child support obligation is determined for a serial-family parent whose additional child support obligation has been incurred for a subsequent family.

Assumptions:

Parent A’s current monthly income available for child support is $3000.

Parent A and Parent B were married, had a child in 2000 and divorced in 2001. Parent A is subject to an existing support order of $450 per month.

Parent A remarries and has two children, one born in 2006 and the other in 2007, and remains an intact family.

Parent A was adjudicated the father in 2008 for a child born in 2005. Child support needs to be established for this child.

Order of parent A’s legal obligation for child support.

First legal obligation: one child (2000) (divorce)

Second legal obligation: 2 children (2006 and 2007) (intact family)

Third legal obligation: one child (2008) (paternity)

Calculation:

(3) Determining the child support obligations of split-placement parents. For parents who have 2 or more children and each parent has placement of one or more but not all of the children, the child support obligations may be determined as follows:

(b) Multiply the amount determined in par. (a) by the pro rata percentage standard for the number of children in split placement who are placed with the other parent. The pro rata percentage standard for the number of children in split placement who are placed with the other parent is calculated by determining the designated percentage for the total number of children, dividing by the total number of children, and adding together the percentages for the children in split-placement who are placed with the other parent.

Note: The pro-rata percentage standards for the number of children for whom support is being established are as follows:

2 children 12.5% for each child (25% ÷ 2)

3 children 9.67% for each child (29% ÷ 3)

4 children 7.75% for each child (31% ÷ 4)

5 children 6.8% for each child (34% ÷ 5)

(c) Offset resulting amounts under par. (b) against each other. The parent with a greater child support obligation is the split-placement payer.

Note: The following example shows how to calculate the amount of child support for split-placement parents:

Assumptions:

Parent A and B have 3 children.

Parent A has placement of 2 children and Parent B has placement of one child.

Parent A’s monthly income available for child support is $2,000.

Parent B’s monthly income available for child support is $3,000.

Calculation:

Applicable percentage: 29%. Pro rata percentage is 9.67% per child.

Parent A: 2,000 X 9.67% (income x applicable pro rata % for one child placed with Parent B) = 193.40

Parent B: 3,000 X 19.34% (income x sum of pro rata % for 2 children placed with Parent A) = 580.20

Parent B is the payer. Obligation following offset = 386.80

(4) Determining the child support obligation of a low-income payer.

(a) The court may use the monthly support amount provided in the schedule in Appendix C as the support amount for a payer with a monthly income available for child support at a level set forth in the schedule if the payer’s total economic circumstances limit the payer’s ability to pay support at the level determined under s. DCF 150.035. If a payer’s monthly income available for child support is below the lowest income level in Appendix C, the court may set an order at an amount appropriate for the payer’s total economic circumstances. This amount may be lower than the lowest support amount in Appendix C.

(b) The department shall revise the schedule in Appendix C every year based on changes in the federal poverty guidelines since the schedule was last revised. The department shall publish revisions to the schedule in the Wisconsin Administrative Register.

Note: The schedule in Appendix C provides reduced percentage rates that may be used to determine the child support obligation for payers with an income below 150% of the federal poverty guidelines. If a payer’s monthly income available for child support is below 75% of the federal poverty guidelines, the court may order an amount appropriate for the payer’s total economic circumstances. For monthly income amount for child support between 75% and 150% of the federal poverty guidelines, the percentage rates in the schedule gradually increase as income increases. The percentage rates used in s. DCF 150.03 (1) apply to payers with income greater than or equal to 150% of the federal poverty guidelines.

(5) Determining the child support obligation of a high-income payer.

(a) The payer’s full monthly income available for child support shall be considered in determining the payer’s child support obligation. The court may apply the reduced percentages under pars. (c) and (d) to income at the indicated levels.

(b) The court shall apply the percentages in s. DCF 150.035 (2) to a payer’s monthly income available for child support that is less than $7,000.

Note: A monthly income of $7,000 is an annual income of $84,000.

(c) The court may apply the following percentages to the portion of a payer’s monthly income available for child support that is greater than or equal to $7,000 and less than or equal to $12,500:

14% for one child.
20% for 2 children.
23% for 3 children.
25% for 4 children.
27% for 5 or more children.

Note: A monthly income of $7,000 is an annual income of $84,000 and a monthly income of $12,500 is an annual income of $150,000. The percentages that apply to income between $84,000 and $150,000 are approximately 80% of the full percentage standards.

(d) The court may apply the following percentages to the portion of a payer’s monthly income available for child support that is greater than $12,500:

10% for one child.
15% for 2 children.
17% for 3 children.
19% for 4 children.
20% for 5 or more children.

Note: A monthly income of $12,500 is an annual income of $150,000. The standards that apply to income over $150,000 are approximately 60% of the full percentage standards.

(6) Combination of special circumstances.

(a) General. The court may apply any combination of special circumstance provisions under subs. (1) to (5) to determine a child support obligation if the criteria apply and the combination of provisions is not specifically prohibited.

(b) Shared and split placement. If the parents have a combination of split-placement and shared-placement, the child support obligation may be determined as follows:

Determine the pro rata percentage standard for the total number of children for whom support is being established. The pro rata percentage standard for the total number of children for whom support is being established is calculated by determining the designated percentage for the total number of children and dividing by the total number of children.

Note: The pro-rata percentage standards for the number of children for whom support is being established are as follows:

2 children 12.5% for each child (25% ÷ 2)

3 children 9.67% for each child (29% ÷ 3)

4 children 7.75% for each child (31% ÷ 4)

5 children 6.8% for each child (34% ÷ 5)

Determine support for the children who are placed with the other parent full-time. First, add together the pro rata percentage standards for the number of children who are placed full-time with the other parent. Then, multiply the sum of the pro-rata percentage standards by the parent’s monthly income available for child support, as adjusted for any previous child support obligations, for the parent whose child support obligation is being calculated.
Determine support for the children who are in shared-placement as follows:

a. Add together the pro rata percentage standards for the number of children who are in shared-placement.

b. Multiply the sum of the pro rata percentage standards by the parent’s monthly income available for child support, adjusted for any previous child support obligations.

c. Multiply the amount determined under subd. 3. b. for each parent by 150%.

Note: The 150% accounts for household maintenance expenditures duplicated by both parents, such as a bedroom, clothes, and personal items.

d. Multiply each amount determined by the proportion of the time that the child spends with the other parent to determine each parent’s child support obligation.

e. Offset resulting amounts under subd. 3. d. against each other.

Add or offset the child support obligation for children placed with the other parent full-time under subd. 2. with the child support obligation for children in shared-placement under subd. 3. e. The parent with a greater child support obligation is the payer. The payer shall pay the lesser of the amount determined under this subdivision or the amount determined using the designated percentage. If the payer under this subdivision is also a low-income payer, the child support obligation may be the lesser of the amount determined under this subdivision or under sub. (4).
In addition to the child support obligation determined under subd. 4., the court shall assign responsibility for payment of the child’s variable costs in proportion to each parent’s share of physical placement, with due consideration to a disparity in the parents’ incomes. The court shall direct the manner of payment of a variable cost order to be either between the parents or from a parent to a third-party service provider. The court shall not direct payment of variable costs to be made to the department or the department’s designee, except as incorporated in the fixed sum or percentage expressed child support order.

Note: Example of a combination of split-placement and shared-placement:

Assumptions:

3 children

Parent A:

2 children full time

1 child 30%

$2,000/month income

Parent B:

1 child 70%

$3,000/month income

Calculation:

Applicable percentage 29%. Pro rata percentage is 9.67% per child.

Parent A:

*2,000 x 9.67% (income x applicable pro rata % for child shared with Parent B) = 193.40*

x 1.5 (150%) =290.10

x 70% (% of time child is with parent B) = 203.07

Parent B:

3,000 x 19.34% (income x sum of pro rata percentage standards for 2 children who are placed full-time with Parent A) = 580.20

3,000 x 9.67% (income x applicable % for one child shared with parent A) = 290.10

x 1.5 (150%) = 435.15

x 30% (Child placed with parent A) = 130.55

Parent A’s obligation = 203.07 (1 shared child)

Parent B’s obligation = 130.55 (1 shared child) + 580.20 (2 children full-time with Parent A) = 710.75

Parent B is the payer. Total obligation following offset = $507.68

(c) Shared-placement and serial-family parent. If a parent is a serial-family parent, including a serial-family parent in an intact family, and a child support obligation is being established for that parent’s children from a subsequent family or a subsequent paternity judgment in which both parents will have periods of placement of at least 25% or 92 days a year, the child support obligations may be determined as follows:

Determine the first child support obligation by either of the following:

a. The court-ordered amount of the first child support obligation.

b. If no court-ordered support obligation exists, multiplying the designated percentage by the parent’s monthly income available for child support.

Determine the child support obligation for the subsequent family by adjusting the monthly income available for child support by subtracting the support for the first legal obligation under subd. 1. from the parent’s monthly income available for child support under subd. 1.
Multiply the designated percentage for the number of children subject to the new order by the final adjusted monthly income available for child support determined under subd. 2. to determine the new child support obligation.

Note: The following example shows how the child support obligation is determined for a serial-family parent whose additional child support obligation for a subsequent family and both parents will have periods of placement of at least 25% or 92 days.

Assumption:

Parent A: $2000 monthly income available for child support

Parent A has court ordered placement for 219 days a year or 60%

Parent A has a child from a previous relationship living with him or her

Parent B: $3000 monthly income available for child support

Parent B has court ordered placement for 146 days a year or 40%

Calculation:

Parent A’s monthly income available for child support $2000

Parent A’s first legal obligation for support to a child

in an intact family = 17% $340

Adjust Parent A’s monthly income available for

child support $2000

-340

Adjusted monthly income available for support $1660

Determine support for the second legal obligation

(shared placement):

History

Cr. Register, January, 1987, No. 373, eff. 2-1-87; am. (1) (a), (b) (intro.) and 1., (3) (intro.), (a) and (c), r. and recr. (2), Register, August, 1987, No. 380, eff. 9-1-87; r. and recr. (1), (2), Register, February, 1995, No. 470, eff. 3-1-95; CR 03-022: am (1) (b) 3. a., b., 4., 5. a., b., 6., 8., r. and recr. (2), and (3), cr. (4) and (5) Register December 2003 No. 576, eff. 1-1-04; corrections in (1) (b), (2) (b), (3) (a), (b), (4) (a) and (5) (b) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; CR 08-066: am. (4) (b) Register December 2008 No. 636, eff. 1-1-09; CR 09-036: am. (1), (2) (b) 1. and (3) (a), r. and recr. (3) (b), cr. (6) Register November 2009 No. 647, eff. 1-1-10; corrections in (6) (b) 4. made under s. 13.92 (4) (b) 7., Stats., Register November 2009 No. 647; CR 16-075: am. (1) (a), (b) 8., (2) (a) 1., (b) 5., 6., cr. (2) (b) 7., (6) (c) Register June 2018 No. 750, eff. 7-1-18; correction in (1) (b) 8. made under s. 35.17, Stats., Register June 2018 No. 750; 2021 Wis. Act 35: am. (1) (b) 1., 3. a., b., 5. a., b., 8.,(2) renum. to DCF 150.035 (1) and, as renumbered, am. (b) 1., 2., 5., am. (3) (b), (4) (a), (5) (b), (6) (b) 1., 4., (c) 1. b., 3. Register June 2021 No. 786, eff. 12-1-21; CR 23-011: am. (1) (b) 3. a., (4) (a) Register December 2023 No. 816, eff. 1-1-24.

Wis. Admin. Code § DCF 150.05 Medical support {#sec-dcf-150.05 omnilex-key=us-wi-regs-official--agency-dcf--DCF 150.05}

(1) Responsibility for health expenses. In addition to ordering child support for a child under this chapter, the court shall specifically assign responsibility for and direct the manner of payment for the child’s health expenses under s. 767.513, Stats.

(a) In this section, “private health insurance” does not include a medical program under subch. IV or V of ch. 49, Stats.

Note: The BadgerCare Plus program under s. 49.471, Stats., is in subch. IV of ch. 49, Stats.

(b) Except as provided in pars. (d) and (e), the court may order either or both parents to enroll a child in a private health insurance plan that is accessible to the child and available at a reasonable cost, as follows:

The court may consider a private health insurance plan to be accessible to the child if the plan’s service providers are located within a reasonable distance from the child’s home. In general, service providers may be considered within a reasonable distance if they are located within 30 minutes or 30 miles of the child’s residence, with a greater distance allowed in some rural areas.
The court may consider a private-health insurance plan to be available at a reasonable cost if the cost of the policy does not exceed 10% of the insuring parent’s monthly income available for child support and would cover hospitalization and other medical costs without large out-of-pocket deductibles or copayments. The 10% standard applies to the full cost of the health insurance, including the cost of self-only coverage and the cost to that parent after adding the child or children.
The court may order the non-insuring parent to contribute to the cost to enroll the children in a private health insurance plan in an amount that does not exceed 10% of the non-insuring parent’s monthly income available for child support. A contribution to the cost to enroll the children may not exceed the cost to add the child or children to existing coverage. If the parent ordered to enroll the children does not have single coverage, a contribution to the cost to enroll the child or children may not exceed the difference between the cost of single coverage and the cost to the insuring parent to add the child or children.
The court may incorporate responsibility for a contribution to the cost of private health insurance as an upward or downward adjustment to a payer’s child support obligation.

Note: The cost to enroll a child in a private health insurance plan and a contribution to the cost are in addition to a parent’s responsibility for child support. The court would order an upward adjustment to a payer’s child support order if the payee is the insuring parent and the payer is contributing to the cost. The court would order a downward adjustment to the payer’s child support obligation if the payer is the insuring parent, the payee is contributing to the cost, and the payee’s contribution is less than the payer’s child support amount.

(c) The court may not order a parent whose income is below 150% of the federal poverty level to enroll a child in a private health insurance plan or contribute to the cost of a private health insurance plan unless there is no cost to the parent.

(d) If there is no private health insurance plan available that meets the requirements of par. (b), the court may order any of the following:

Enrollment in a private health insurance plan as a deviation under s. 767.511 (1m), Stats.
Responsibility for a contribution to the cost of the other parent’s premium for the BadgerCare Plus program under s. 49.471, Stats., unless the parent’s income is below 150% of the federal poverty level. The court may incorporate responsibility for a contribution to the cost of the premium as an upward or downward adjustment to a payer’s child support obligation.
Enrollment in a private health insurance plan if a plan that meets the requirements of par. (b) becomes available to the parent in the future.

(e) If a person other than a parent has enrolled a child in an accessible private health insurance plan that covers hospitalization and other medical costs without large out-of-pocket deductibles or copayments, the court may determine whether to order a parent to enroll the child in a private health insurance plan.

(f) The court shall also establish an order for medical expenses that are not covered by insurance. The court shall consider each parent’s ability to pay these medical expenses.

(g) The court shall consider the impact of the dependency exemption on the availability of insurance in the marketplace and the imposition of penalties under applicable federal law.

Note: The following example shows how to apply the reasonable cost standard.

Parent A: $4,500 monthly income available for child support 10% = $450

Parent B: $2,500 monthly income available for child support 10% = $250

Parent A’s employer-sponsored insurance:

$230/month out-of-pocket cost for self-only coverage

$210/month out-of-pocket cost to add the child or children

$440 total monthly out-of-pocket cost for the policy. ($440 < $450. Therefore, the total out-of-pocket cost of the policy does not exceed 10% of the insuring parent’s income. This is considered reasonable.)

--Parent A may be ordered to enroll the child or children and contribute up to $440.00/month for the policy.

--Parent B may be ordered to contribute up to $210/month toward the cost. ($210 = lesser of 10% of Parent B’s income or cost to add the children)

--The court may incorporate responsibility for a contribution from Parent B to the cost of health insurance as a downward deviation to Parent A’s child support obligation.

--The court shall consider the out-of-pocket cost for self-only coverage for Parent B when determining a reasonable contribution from Parent B to the cost of health insurance provided by Parent A.

(2) Birth cost judgment.

(a) In this subsection, “birth cost judgment” means an order establishing the amount of the father’s obligation to pay or contribute to the reasonable expenses of the mother’s pregnancy and the child’s birth under s. 767.89 (3) (e), Stats. Recovery of birth costs is inappropriate in cases where the alleged father is a member of an intact family that includes the mother and the subject child at the time paternity or support is established, and the father’s income, if any, contributes to the support of the child.

(b) The court shall include in a paternity judgment or order a birth cost judgment amount that does not exceed one-half of the actual and reasonable cost of the mother’s pregnancy and child’s birth and shall order the lowest of the following:

An amount that does not exceed the sum of 5% of the father’s current monthly income available for child support multiplied by 36 months.
If the father’s monthly income available for child support is between 75% and 150% of the federal poverty guidelines, an amount that does not exceed the maximum birth cost judgment amount provided in the schedule in Appendix D.
If the father’s monthly income available for child support is less than 75% of the federal poverty guidelines, a birth cost judgment at an amount appropriate for the father’s total economic circumstances.

(c) The department shall revise the schedule in Appendix D every year based on changes in the federal poverty guidelines. The department shall publish revisions to the schedule in the Wisconsin Administrative Register.

History

EmR0821: emerg. cr. eff. 6-27-08; CR 08-066: cr. Register December 2008 No. 636, eff. 1-1-09; CR 09-036: cr. (1) (a) to (f), am. (2) (b) 2. Register November 2009 No. 647, eff. 1-1-10; CR 16-075: am. (1) (b) (intro.), 2., 3., cr. (1) (g), am. (2) (a) Register June 2018 No. 750, eff. 7-1-18; correction in (1) (b) (intro.) made under s. 35.17, Stats., Register June 2018 No. 750.

Chapter DCF 150 Appendix B Child Support Percentage Worksheet

Wis. Admin. Code § Chapter DCF 150 Child Support Percentage Worksheet {#sec-chapter-dcf-150 omnilex-key=us-wi-regs-official--agency-dcf--Chapter DCF 150}

Check one _Temporary Final____________ Judge____________ BranchWisconsin Department of Children and Families

Division of Family and Economic Security

This form may be used to calculate a child support obligation in accordance with Chapter

DCF 150, Wisconsin Administrative Code. Use of this form is optional.

Case Name ~Mother Case number

~Father

SECTION I – Determination of Child Support Using the Percentage Standard

A. Calculation of Gross Income or, If Applicable, Income Modified for Business Expenses

Instructions: Use the total annual income disclosed to the court on the standard financial disclosure form and the most recently filed federal and state tax returns. Business expenses allowed for tax purposes may differ from expenses allowed for the determination of income modified for business expenses.

Gross Income:

Enter annual income from all sources. _________________
Enter the amount of public assistance received. _________________
Enter the amount of child support received. _________________
Add lines 2 and 3 _________________
Subtract line 4 from line 1. This is the parent’s gross income. _________________

Income Modified for Business Expenses:

Enter annual wages paid to dependent household members. _________________
Enter any undistributed income that the court determines is not

reasonably necessary for the growth of the business. _________________

Add lines 5, 6, and 7. _________________
Enter business expenses that the court determines are reasonably

necessary for the production of income or operation of the business. _________________

Subtract line 9 from line 8. This is the parent’s

income modified for business expenses. _________________

B. Calculation of Income Imputed Based on Earning Capacity

Instructions: If the parent’s income is less than the parent’s earning capacity or is unknown, the court may impute income at an amount that represents the parent’s ability to earn, based on the parent’s education, training and recent work experience, earnings during previous periods, current physical and mental health, history of child care responsibilities as the parent with primary physical placement, and the availability of work in or near the parent’s community. If evidence is presented that due diligence has been exercised to ascertain information on the parent’s actual income or ability to earn and that information is unavailable, the court may impute income of 35 hours per week at the federal minimum hourly wage.

(earning capacity) (gross income or income modified (income imputed based on

for business expenses) earning capacity)

C. Calculation of Income Imputed from Assets

Instructions: Income may be imputed from assets that are underproductive and to which income has been diverted to avoid paying child support or from which income is necessary to maintain the child or children at the standard of living they would have if were living with both parents. Indicate the net value and actual income from each applicable asset, multiply the total net value by the current 6-month treasury bill rate or any other rate that the court determines is reasonable, and subtract actual income from the assets that was included in gross income under Part A.

See PDF for table

D. Calculation of the Child Support Obligation Using the Percentage Standard:

See PDF for table

SECTION II - Computation of the Monthly Child Support Obligation for Serial-Family Payers

See PDF for table

Note: In cases where a court order needs to be determined for marital children and the date of an adjudicated paternity falls between the birth dates of the first and last child in the family with marital children, the legal obligation for child support to this family is determined as follows:

See PDF for table

DCF is an equal opportunity employer and service provider. If you have a disability and need to access this information in an alternate format, or need it translated to another language, please contact (608) 266-9909 or (800) 947-3529 TTY (Toll Free).

For civil rights questions call (608) 266-5335 or (866) 864-4584 TTY (Toll Free).

Chapter DCF 150 Appendix C Child Support Obligation of Low-Income Payers at 75% to 150% of the 2026 Federal Poverty Guidelines

Wis. Admin. Code § Chapter DCF 150 Child Support Obligation of Low-Income Payers at 75% to 150% of the 2026 Federal Poverty Guidelines {#sec-chapter-dcf-150 omnilex-key=us-wi-regs-official--agency-dcf--Chapter DCF 150}

Effective March 1, 2026

Appendix C will be adjusted based on the 2027 federal poverty guidelines effective March 1, 2027.

Note: DCF 150.04 (4) (b) provides:

The department shall revise the schedule in Appendix C every year based on changes in the federal poverty guidelines since the schedule was last revised. The department shall publish revisions to the schedule in the Wisconsin Administrative Register.

Chapter DCF 150 Appendix D Maximum Birth Cost Judgment Amounts for Low-Income Payers at 75% to 150% of the 2026 Federal Poverty Guidelines

Wis. Admin. Code § Chapter DCF 150 Maximum Birth Cost Judgment Amounts for Low-Income Payers at 75% to 150% of the 2026 Federal Poverty Guidelines {#sec-chapter-dcf-150 omnilex-key=us-wi-regs-official--agency-dcf--Chapter DCF 150}

Effective March 1, 2026

Appendix D will be adjusted based on the 2027 federal poverty guidelines effective March 1, 2027.

*The maximum birth cost judgment amount may not exceed the identified percentage of the father’s current monthly income available for child support multiplied by 36 months.

Note: DCF 150.05 (2) (c) provides:

The department shall revise the schedule in Appendix D every year based on changes in the federal poverty guidelines. The department shall publish revisions to the schedule in the Wisconsin Administrative Register.

Chapter DCF 151 ESTABLISHING THE PATERNITY OF A NONMARITAL CHILD

Wis. Admin. Code § DCF 151.01 Introduction {#sec-dcf-151.01 omnilex-key=us-wi-regs-official--agency-dcf--DCF 151.01}

(1) Authority and purpose. This chapter is promulgated under authority set out in s. 767.80 (6m), Stats., for the purpose of establishing the paternity of nonmarital children for purposes of child support enforcement.

(2) Applicability. This chapter applies to all cases in which a birth certificate filed under s. 69.07, Stats., on or after September 1, 1988, does not contain the name of a father. Procedures under this chapter shall be followed by county officials charged with duties under ss. 59.53 (5) and 767.80 (6m), Stats. This chapter does not apply to cases in which an assignment of rights to support has been made to the state under s. 49.19 (4) (h) 1. or 49.45 (19), Stats., nor to cases in which the mother applies for paternity establishment services under s. 49.22, Stats.

History

Cr. Register, August, 1989, No. 404, eff. 9-1-89; correction in (2) made under s. 13.93 (2m) (b) 7., Stats., Register, July, 1999, No. 523; correction in (2) made under s. 13.93 (2m) (b) 7., Stats., Register January 2003 No. 565; corrections in (1) and (2) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635.

Wis. Admin. Code § DCF 151.02 Definitions {#sec-dcf-151.02 omnilex-key=us-wi-regs-official--agency-dcf--DCF 151.02}

In this chapter:

(1) “Attorney” means the district attorney or corporation counsel designated under s. 767.80 (6) (a), Stats.

(2) “Best interests of the child” means whatever protects a child from harm and promotes the child’s well-being.

(3) “Birth certificate” means the record made under s. 69.14, Stats.

(4) “County child support agency” means the office, officer, board, department or agency designated by a county board under s. 59.53 (5), Stats.

(5) “Caretaker relative” means the blood relative or blood relative’s spouse with whom the child resides at the time the attorney takes action to establish paternity.

(6) “Department” means the Wisconsin department of children and families.

(7) “Establish paternity” means to file a statement acknowledging paternity pursuant to s. 69.15 (3) (b) 1. or 3., Stats., provided that s. 891.41, Stats., does not apply to any other person, or to obtain a judgment of paternity.

(8) “Nonmarital child” means a child for whom no father is named on the child’s birth certificate.

History

Cr. Register, August, 1989, No. 404, eff. 9-1-89; corrections in (4) and (6) made under s. 13.93 (2m) (b) 6. and 7., Stats., Register January 2003 No. 565; corrections in (1) and (6) made under s. 13.92 (4) (b) 6. and 7., Stats., Register November 2008 No. 635.

Wis. Admin. Code § DCF 151.03 Timely action {#sec-dcf-151.03 omnilex-key=us-wi-regs-official--agency-dcf--DCF 151.03}

When the attorney receives from the department under s. 69.03 (15), Stats., the name of a nonmarital child who is a resident of the county and the nonmarital mother’s address, the attorney shall:

(1) Send a written communication to the mother at the mother’s last known address, describing the legal implications of paternity establishment, the paternity establishment process, applicable fees, how to apply for the services offered by the child support agency, including services to establish paternity, the circumstances when the attorney will not take action to establish paternity under s. DCF 151.04, and the rights of the mother and other caretaker relatives under s. DCF 151.05.

(2) Make a reasonable effort to obtain the mother’s cooperation in establishing paternity;

(3) Make a reasonable effort to locate the father within 90 days after the date on the written communication required under sub. (1); and

(4) With the cooperation of the mother, if obtained, and upon location of the probable father or a possible father, commence an action to establish paternity, except as provided under s. DCF 151.04.

History

Cr. Register, August, 1989, No. 404, eff. 9-1-89; corrections in (1) and (4) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635.

Wis. Admin. Code § DCF 151.04 Excluded cases {#sec-dcf-151.04 omnilex-key=us-wi-regs-official--agency-dcf--DCF 151.04}

The attorney may not take any action to establish paternity if:

(1) The child was conceived by artificial insemination and information about the father has been omitted from the birth certificate in accordance with s. 69.14 (1) (g), Stats.;

(2) The child was born to a surrogate mother and information about the father has been omitted from the birth certificate in accordance with s. 69.14 (1) (h), Stats.;

(3) The child was conceived as a result of sexual assault as defined in s. 940.225 (1) (a), Stats.;

(4) The child was conceived by incest;

(5) Adoption proceedings for the child are pending as evidenced by a petition for adoption filed with the court;

(6) The mother or the caretaker relative opposes the establishment of paternity and the attorney determines that the establishment of paternity would be reasonably anticipated to result in physical or emotional harm to the child, the mother or the caretaker relative; or

(7) A guardian ad litem appointed under s. DCF 151.05 (2), or appointed under any other provision, determines that it would not be in the best interests of the child to establish paternity.

History

Cr. Register, August, 1989, No. 404, eff. 9-1-89; correction in (7) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635.

Wis. Admin. Code § DCF 151.05 Disputed cases {#sec-dcf-151.05 omnilex-key=us-wi-regs-official--agency-dcf--DCF 151.05}

(1) The attorney shall commence a court action to establish paternity for all cases except those meeting the criteria for exclusion in s. DCF 151.04, unless:

(a) The mother opposes the establishment of paternity because of the risk of physical or emotional harm to the child or herself; or

(b) The caretaker relative opposes the establishment of paternity because of the risk of physical or emotional harm to the child or the caretaker relative.

(2) If there is a dispute between the attorney and the mother about commencing a paternity action or the seriousness of the risk of physical or emotional harm, the attorney shall petition the court for appointment of a guardian ad litem to determine whether it would be in the best interests of the child to determine paternity.

History

Cr. Register, August, 1989, No. 404, eff. 9-1-89; correction in (1) (intro.) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635.

Chapter DCF 152 CHILD SUPPORT ADMINISTRATIVE ENFORCEMENT

Wis. Admin. Code § DCF 152.01 Authority and purpose {#sec-dcf-152.01 omnilex-key=us-wi-regs-official--agency-dcf--DCF 152.01}

This chapter is promulgated under the authority of ss. 49.22 (2m) (d), 49.853 (1) (dm) and (2), 49.854 (17), 49.858 (2), and 767.70 (2), Stats., for the purpose of administering the child support program under s. 49.22, Stats.

History

Cr. Register, July, 1999, No. 523, eff. 8-1-99; correction made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635.

Wis. Admin. Code § DCF 152.02 Applicability {#sec-dcf-152.02 omnilex-key=us-wi-regs-official--agency-dcf--DCF 152.02}

This chapter applies to the department and county child support agencies under s. 59.53 (5), Stats., individuals participating in the child support program under s. 49.22, Stats., financial institutions doing business in the state, and persons subject to administrative subpoenas issued in accordance with s. 49.22 (2m) (b), Stats., or requests for information issued in accordance with s. 49.22 (2m) (a), Stats.

History

Cr. Register, July, 1999, No. 523, eff. 8-1-99.

Wis. Admin. Code § DCF 152.03 Definitions {#sec-dcf-152.03 omnilex-key=us-wi-regs-official--agency-dcf--DCF 152.03}

In this chapter:

(1) “Account” has the meaning given in s. 49.853 (1) (a), Stats.

(2) “Administrative enforcement” means the department or a child support agency does any of the following:

(a) Puts child support liens into effect by placing them on the child support lien docket and electronically delivers the docket to the county registers of deeds.

(b) Receives proceeds from the sale of property when there is a child support lien against the property, and either the payer has transferred the property or the property has been seized and sold by an entity other than the department or a child support agency.

(3) “Administrative enforcement action” means any of the following actions taken by the department or child support agency to enforce a lien:

(a) The intercept of lump-sum pension payments in accordance with s. 49.852, Stats.

(b) The seizure of accounts at financial institutions in accordance with s. 49.854 (5), Stats.

(d) The seizure of real property in accordance with s. 49.854 (7), Stats.

(e) The intercept of judgments and settlements in accordance with s. 49.856, Stats.

(f) The denial, nonrenewal, restriction, or suspension of professional, occupational, recreational, or driver licenses for failure to pay support in accordance with s. 49.857, Stats.

(4) “Alternative payment plan” or “plan” means a negotiated agreement between a child support agency and a payer, or an order set by the court, which establishes terms for the payment of the arrearage debt.

(5) “Arrearage debt” means the sum of child support arrears, maintenance arrears, family support arrears, missed payments on past support, missed payments on lying-in costs, missed payments on other medical support, and interest on arrears or on missed payments.

(6) “Child support agency” or “agency” means the county child support agency under s. 59.53 (5), Stats.

(7) “Child support lien” or “lien” means an administrative lien that arises by operation of law under s. 49.854 (2), Stats., against the real and personal property in which the payer has a recorded ownership interest at the time of levy. A lien does not attach to the property title of a beneficial interest in a trust, member interest in a limited liability company, partner interest in a partnership, or shareholder interest in a corporation.

Note: According to s. 49.854 (2)(a), Stats., a child support lien is not effective against a good-faith purchaser of titled personal property unless the lien is recorded on the title.

(8) “Court order” means an order for child or family support, maintenance, medical expenses, or birth expenses issued by a court.

(9) “Department” means the Wisconsin department of children and families.

(10) “Equity” means the fair market value of the property minus the liens on that property with priority over the child support lien.

(11) “Failure to comply with an administrative subpoena or a request for information” means that the subpoena respondent did not provide the requested information within seven days after receiving the administrative subpoena or request for information, or that the subpoena respondent provided false or incomplete information.

(12) “Financial institution” or “institution” has the meaning given in s. 49.853 (1) (c), Stats.

(13) “Financial record review” means a financial records and court order review under s. 49.854 (3) (ag), Stats.

(14) “Gross income” has the meaning given in s. DCF 150.02 (13).

(15) “Lien-eligible amount” means the difference between the monthly charge and the arrearage debt in a case.

(16) “Monthly amount due” means the sum of court-ordered provisions for periodic payments, expressed as a fixed amount, due in one month in a case including periodic payments on arrearage debts.

(17) “Monthly charge” means the sum of court-ordered provisions for periodic payments, expressed as a fixed amount, on child support, family support, maintenance, lying-in costs, past support, and other medical support due in one month in a case. The monthly charge does not include court-ordered provisions for periodic payments on arrearage debts.

(18) “Ownership interest” means any personal financial interest.

(19) “Payee” has the meaning given in s. DCF 150.02 (22).

(20) “Payer” has the meaning given in s. DCF 150.02 (23).

(21) “Property” has the meaning given in s. 49.854 (1) (e), Stats.

(22) “Protective order” means a temporary restraining order or injunction under s. 813.12, 813.122, 813.123, 813.125, or 813.127, Stats.

(24) “Subpoena respondent” means the person from whom information is requested in an administrative subpoena or request for information.

Note: “Person” has the meaning given in s. 990.01 (26), Stats.

(25) “Threshold” means an amount, expressed as either a percentage of the monthly amount due, a fixed dollar amount, or both, that the lien-eligible amount or lien amount must equal or exceed before administrative enforcement may be used to enforce a court order.

History

Cr. Register, July, 1999, No. 523, eff. 8-1-99; corrections in (9), (14), (19) and (20) made under s. 13.92 (4) (b) 6. and 7., Stats., Register November 2008 No. 635; CR 19-070: am. (5), r. (23) Register February 2020 No. 770, eff. 3-1-20; correction in (5) made under s. 35.17, Stats., Register February 2020 No. 770.

Wis. Admin. Code § DCF 152.04 Written notice of enforcement actions {#sec-dcf-152.04 omnilex-key=us-wi-regs-official--agency-dcf--DCF 152.04}

(1) Application. This section applies to notices issued to the payer by the department under ss. 49.852 (2), 49.854 (3) (a) and (ag) 1., (5) (d), (6) (a), (d), and (e), or (7) (a), (d), and (e), 49.856 (3), and 49.857 (3) (a) and (am), Stats.

(2) Use of mail. The department or child support agency may send notices related to the administrative enforcement of a child support order by regular mail to the last-known mailing address provided by the payer under s. 767.58 (2), Stats. If the last-known mailing address for a payer is unverified, or a written notice sent to a payer at his or her last-known verified mailing address is returned, the department or child support agency shall contact the postmaster of the zip code of the address. If the postmaster verifies the unverified mailing address or provides a new verified address, the department or county child support agency shall send written notice to the mailing address provided by the postmaster. If the postmaster is unable to verify the last-known mailing address, or to provide a new verified address, the department or child support agency shall send notice to payer using the current employer mailing address provided by the payer under s. 767.58 (2), Stats. If the notice to the payer mailed to the payer’s employer is returned, or the payer has not provided a current employer mailing address, the department or child support agency shall use diligent effort to obtain a mailing address for the payer.

Note: Under s. 767.58 (2), Stats., each party to a child support order is required to provide the child support agency with his or her residential and mailing address and the address and telephone number of his or her employer. A party shall advise the child support agency of any change in such information within 10 business days after the change.

(3) Diligent effort. Diligent effort includes the following:

(a) For each of the following administrative enforcement actions, the department or county child support agency shall obtain and use:

License suspension and denial. For license suspension and denial under s. 49.857, Stats., the payer’s mailing address of record at a state licensing agency or authority to provide notice under ss. 49.857 (3) (a) and (am), Stats., if the address is verified.
Account seizure. For account seizure under s. 49.854 (5), Stats., the payer’s mailing address of record at a financial institution to provide notice under s. 49.854 (5) (d), Stats., if the address is verified.
Personal property seizure. For personal property seizure under s. 49.854 (6), Stats., the payer’s mailing address of record at a state agency that titles personal property to provide notice under ss. 49.854 (6) (a), (d), and (e), Stats., if the address is verified.
Real property seizure. For real property seizure under s. 49.854 (7), Stats., the payer’s mailing address of record on the tax bill for the property subject to seizure to provide notice under ss. 49.854 (7) (a), (d), and (e), Stats., if the address is verified.
Pension intercept. For pension intercept under s. 49.852, Stats., the payer’s mailing address of record at the entity administering a pension plan to provide notice under s. 49.852 (2), Stats., if the address is verified.
Judgment and settlement intercept. For judgment and settlement intercept under s. 49.856, Stats., the payer’s mailing address of record provided by the person ordered to pay the judgment or settlement to send notice under s. 49.856 (3), Stats., if the address is verified.

(b) If a verified mailing address cannot be identified under par. (a), the department or child support agency shall use all appropriate automated federal, state, and local locate resources and interfaces to ascertain a payer’s current mailing address. If locate resources have been used for a period of 60 days and a verified mailing address has not been identified, the department or child support agency may proceed with the administrative enforcement action.

History

Cr. Register, July, 1999, No. 523, eff. 8-1-99; correction in (2) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635.

Wis. Admin. Code § DCF 152.05 Administrative forfeitures for noncompliance with administrative subpoenas and requests for information {#sec-dcf-152.05 omnilex-key=us-wi-regs-official--agency-dcf--DCF 152.05}

(1) Maximum administrative forfeitures. The department or a child support agency may require a subpoena respondent who fails to comply with an administrative subpoena issued in accordance with s. 49.22 (2m) (b), Stats., or a request for information made under s. 49.22 (2m) (a), Stats., to pay an administrative forfeiture of $25. If the failure to comply with an administrative subpoena or request for information is the result of intentional conduct by the subpoena respondent to hide information, falsify information, or provide incomplete information, the department or child support agency may require the subpoena respondent to pay an administrative forfeiture of $500.

Note: Subpoena respondents may use the procedure in s. 805.07 (3), Stats., to attempt to quash an administrative subpoena.

Note: The department or child support agency will collect a forfeiture in accordance with s. 778.01, Stats.

(2) When imposed. The department or a child support agency shall determine when it is appropriate to impose an administrative forfeiture for failure to comply with a request for information or an administrative subpoena. In accordance with s. 49.22 (2m) (a), Stats., a subpoena respondent who fails to comply with a request for information or an administrative subpoena may not be subject to administrative forfeiture if access to the requested information is prohibited or restricted by law, or if the subpoena respondent has good cause for refusing to cooperate with the request.

History

Cr. Register, July, 1999, No. 523, eff. 8-1-99.

Wis. Admin. Code § DCF 152.06 Liens {#sec-dcf-152.06 omnilex-key=us-wi-regs-official--agency-dcf--DCF 152.06}

(1) Lien docket.

(a) The department shall maintain a statewide support lien docket in accordance with s. 49.854 (2) (b) and (c), Stats. The department shall be responsible for periodically updating the lien docket and providing a copy of the lien docket to the register of deeds and the child support agency in each county.

(b) The department or the child support agency shall be responsible for responding to inquiries concerning information recorded on the lien docket. The county register of deeds may refer any person who has an inquiry about the lien docket to the department or the child support agency.

(2) When entered. The department shall place a payer on the lien docket when the lien-eligible amount in one or more of the payer’s cases equals or exceeds the lien threshold. If an individual is a payer in more than one case, each case will be evaluated separately to determine whether the lien threshold has been met, and to determine the lien amount.

(3) Determining whether the lien threshold has been met or exceeded. The department shall place a payer on the lien docket if the lien-eligible amount in a case equals or exceeds the monthly amount due or $500, whichever is greater.

(4) Lien amount. The lien amount on the lien docket shall equal the sum of lien-eligible amounts from the cases in which the lien-eligible amount meets or exceeds the lien threshold. The lien amount may include court-ordered liens made pursuant to s. 767.77, Stats.

(5) Payment of lien.

(a) Any payment toward the lien amount shall indicate that the payment is a lien payment, and specify the case or cases from which the lien arose.

(b) A payment to satisfy a lien shall meet the conditions specified in par. (a) and be in an amount equal to the total lien amount on the child support lien docket plus the monthly amount due.

(c) The child support agency shall distribute any support payment made in accordance with s. 767.511 (6) or 767.531, Stats.

Note: Under ss. 767.511 (6) and 767.531, Stats., a support payment received is to be applied first to the monthly amount due.

(e) The department or child support agency shall record the satisfaction of a lien on the child support lien docket.

(6) Filing date. The filing date on the lien docket is the date that a lien is first docketed and delivered to the register of deeds. The filing date is the effective date of the lien. The effective date does not change if the lien amount is adjusted up or down within 5 years after the date that the lien is first docketed.

(7) Lien priority. The child support lien shall have priority over all other liens on property except tax and special assessment liens, purchase money mortgages, construction liens, environmental liens, liens that are filed or recorded before the child support lien becomes effective, and any other lien given priority under the law.

(8) Renewing a lien.

(a) At the end of the 5 year effective period of a lien, the department or a child support agency may renew the lien if the lien-eligible amount equals or exceeds the lien threshold. When a lien is renewed, the date on which the lien is renewed shall become the effective date of the lien, and a new five-year period shall commence.

Note: Under s. 49.854 (12) (a), Stats., a child support lien is effective for a period of five years from the effective date.

(b) When a lien is renewed, the department or the child support agency shall send the payer a notice that the lien has been renewed.

Note: Upon receiving notice, the payer has the opportunity to request a financial records review and a court review under s. 49.854 (3) (ag), Stats., or a direct appeal for a court review under s. 49.854 (3) (ar), Stats.

(9) Lien procedures. The department shall develop procedures for releasing a lien and releasing specific property from a lien.

History

Cr. Register, July, 1999, No. 523, eff. 8-1-99; corrections in (5) (c) made under s. 13.93 (2m) (b) 7., Stats., Register January 2003 No. 565; corrections in (4), (5) (c) and (d) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; CR 19-070: am. (5) (b), (c), r. (5) (d) Register February 2020 No. 770, eff. 3-1-20.

Wis. Admin. Code § DCF 152.07 Financial record review {#sec-dcf-152.07 omnilex-key=us-wi-regs-official--agency-dcf--DCF 152.07}

(1) In accordance with s. 49.854 (3) (ag), Stats., a payer may request a financial record review within 10 business days of the date of the notice of lien. The request shall be made in writing to the child support agency. The purpose of the financial record review is to determine the correctness of the financial records in a case. The financial record review shall cover only the period of time after the last judicial review or other account review.

Note: The procedure for a financial records and court order review is specified in s. 49.854(3)(ag), Stats.

(2) Upon receiving a request for a financial record review, the child support agency shall provide the payer with the relevant financial records and any other financial records requested in writing by the payer. Financial records include the account history report and any county child support account records from the period prior to the implementation of the statewide automated child support enforcement system. The child support agency shall also provide the payer with information explaining how to interpret the records and a form the payer may use to identify any alleged errors in the records.

Note: Under s. 49.854 (3) (ag), Stats., the department shall conduct the financial records and court order review at no charge to the payer.

Note: The account history report is a document generated by the statewide automated child support enforcement system. The report includes a payment history which lists the date payments were received, the source of payments (except tax intercepts), the amount of payments, the debt to which the payment was applied, and any adjustments made to the payment. The report also includes the court order obligations in a case as well as a list of debts owed in a case and the current balance of each debt.

(3) Within 20 days after receiving the relevant financial records, the payer may request a meeting with the child support agency to review the financial records and to discuss any alleged errors. If the payer requests a meeting, the payer shall use the form provided by the child support agency in sub. (2). After reviewing the financial records and any alleged error, the child support agency shall issue a determination as to whether the lien against the payer is in the correct amount.

(4) If the payer provides a statement of alleged error on the document provided by the department or child support agency in sub. (2) within 20 days after receiving the financial records and does not request a meeting with the child support agency, the child support agency shall review the records to determine whether the alleged error is correct and provide a written determination as to whether the lien against the payer is in the correct amount.

(5) The child support agency shall provide the written determination in subs. (3) and (4) within 60 days after the date the payer’s request for a financial record review is received under sub. (2).

History

Cr. Register, July, 1999, No. 523, eff. 8-1-99.

Wis. Admin. Code § DCF 152.08 Seizure of property {#sec-dcf-152.08 omnilex-key=us-wi-regs-official--agency-dcf--DCF 152.08}

(1) Freezing financial accounts.

(a) The department or a child support agency may not issue a notice of levy under s. 49.854 (5) (b), Stats., unless the sum of the funds in all of the payer’s financial accounts, minus the $5 levy fee under s. 49.854 (11) (a), Stats., and any early withdrawal penalty under s. 49.854 (5) (e), Stats., exceeds $500.

(b) The notice of levy under s. 49.854 (5) (b), Stats., shall instruct the financial institution of the following:

The maximum amount frozen in an account at the time the notice of levy is received may not exceed the amount specified by the department or child support agency in the notice.
The maximum amount frozen in an account at the time the levy notice is received may not exceed the payer’s ownership interest.

Note: According to s. 224.40 (3) (c), Stats., a financial institution is not liable for encumbering or surrendering any assets held by the financial institution in response to instructions from the department or a county child support agency for the purpose of enforcing a child support order.

(c) The department, child support agency, and financial institution shall presume that a payer’s ownership interest in an account is an equal pro-rata share of the account based on the number of individuals with a recorded ownership interest in the account.

(2) Seizure of personal property other than financial accounts.

(a) The department or a child support agency may not seize personal property under s. 49.854 (6), Stats., unless the payer’s equity in the property, minus expected levy fees, exceeds $500 per item total.

(b) The department and child support agency shall presume that a payer’s equity in the property is an equal pro-rata share of the equity based on the number of individuals with a recorded ownership interest in the property.

(3) Seizure of real property.

(a) The department or child support agency may not seize real property under s. 49.854 (7), Stats., unless both of the following conditions are met:

The payer’s equity in the property, minus expected levy fees, exceeds 10% of the property’s fair market value.
The lien exceeds $5,000.

(b) The department or child support agency shall presume that a payer’s equity in the property is an equal pro-rata share of the equity based on the number of individuals with a recorded ownership interest in the property.

(4) Intercept of lump-sum pension payments, judgments and settlements.

(a) When initiating the intercept of lump-sum pension payments under s. 49.852, Stats., the department or child support agency shall specify in the notice provided under s. 49.852 (1m), Stats., that the amount withheld from the lump-sum pension payment may not exceed the payer’s ownership interest in the lump-sum pension payment.

(b) When initiating the intercept of judgments and settlements under s. 49.856, Stats., the department or child support agency shall specify in the notice provided under s. 49.856 (2), Stats., that the amount withheld from the judgment or settlement payment may not exceed the payer’s ownership interest in the judgment or settlement payment.

(c) The department or child support agency shall presume that the payer’s ownership interest in the property is an equal pro-rata share of the equity based on the number of individuals with a recorded ownership in the property.

(5) Notice to individuals other than the payer with a recorded ownership interest in property. The department or child support agency shall provide notice related to the seizure of property to any individual other than the payer with a recorded ownership interest in property subject to seizure under s. 49.854 (5), (6), or (7), or 49.856, Stats., as follows:

(a) Account seizure. For account seizure under s. 49.854 (5), Stats., notice shall be sent to the mailing address of record at the financial institution.

(b) Personal property seizure. For personal property seizure under s. 49.854 (6), Stats., notice shall be sent to the mailing address of record at a state agency that titles personal property.

(c) Real property seizure. For real property seizure under s. 49.854 (7), Stats., notice shall be sent to the mailing address of record on the tax bill for the property subject to seizure.

(d) Judgment and settlement intercept. For judgment and settlement intercept under s. 49.856, Stats., notice shall be sent using the mailing address or addresses of record provided by the person ordered to pay the judgment or settlement.

Note: Pursuant to s. 49.854 (5) (d), (6) (a) and (e), and (7) (a) and (e), Stats., the department or child support agency is required to provide a notice to any individual with a recorded ownership interest in a property subject to seizure. Individuals other than the payer who have a recorded ownership interest in the property subject to seizure have 20 business days after the date of the notice to request a hearing to protect the portion of the property that is attributable to their net contributions to the property.

(6) Presumption of payer’s ownership interest.

(a) If an individual other than the payer has a recorded ownership interest in property subject to seizure under s. 49.852, 49.854 (5), (6), or (7), or 49.856, Stats., the individual may request a hearing under s. 49.854 (7m), Stats., for a determination of the proportion of the value of the property that is attributable to his or her net contribution to the property in any county that initiated property seizure.

(b) When seizing property, the department or child support agency shall proceed based on the presumption under sub. (1) (c), (2) (b), (3) (b), or (4) (c) unless an individual other than a payer with a recorded ownership interest in the property requests a hearing under s. 49.854 (7m), Stats., within 20 business days of the date of notice that seizure has been initiated under s. 49.854 (5), (6), or (7), or 49.856, Stats.

Note: According to s. 49.854 (7m), Stats., if the court determines that a portion of the property is attributable to the contributions of an individual other than the payer with an ownership interest in the property, the court shall direct the department or child support agency to pay the individual, from the net balance of the account or the net proceeds of the sale of the real or personal property, the proportion of the gross value of the account or real or personal property that is attributable to that person’s interest.

History

Cr. Register, July, 1999, No. 523, eff. 8-1-99; correction in (4) (a) made under s. 13.92 (4) (b), Stats., Register November 2008 No. 635.

Wis. Admin. Code § DCF 152.09 Notice to the payee of enforcement proceedings {#sec-dcf-152.09 omnilex-key=us-wi-regs-official--agency-dcf--DCF 152.09}

(1) If the child support agency is aware that a payer is subject to a protective order with respect to a payee or child in his or her case, the child support agency has reason to believe that a payee or child in a payer’s case may be harmed physically or emotionally by the payer or the payee made a written request to be notified of all administrative enforcement actions, the department or the child support agency shall provide written notice to the payee when an administrative enforcement action has been initiated against the payer. The notice to the payee shall be sent at the same time notice is sent to the payer in accordance with s. 49.852 (2), 49.854 (5) (b), (6) (a), or (7) (a), 49.856 (2), or 49.857 (3) (a), Stats.

(2) The department or child support agency shall provide a notice of hearing to the payee when the payer requests a hearing under s. 49.852 (2) (b), 49.854 (3) (ag) 2. or (ar), (5) (d) 6., (6) (b) 3. or (7) (b) 1. c., 49.856 (3) (b), or 49.857 (3) (a) 5. or (am) 5., Stats., and the hearing has been scheduled.

History

Cr. Register, July, 1999, No. 523, eff. 8-1-99.

Wis. Admin. Code § DCF 152.10 Thresholds for administrative enforcement actions {#sec-dcf-152.10 omnilex-key=us-wi-regs-official--agency-dcf--DCF 152.10}

(1) License suspension. The department or child support agency may initiate license suspension under s. 49.857, Stats., if there is a lien against a payer, and the lien amount in the payer’s case equals or exceeds 300% of the monthly amount due in the court order.

(2) Account seizure. The department or child support agency may initiate an account seizure under s. 49.854 (5), Stats., if there is a lien against a payer, and the lien amount in the payer’s case equals or exceeds 300% of the monthly amount due in the court order or $1,000, whichever is greater.

(3) Real and personal property seizure. The department or child support agency may initiate personal property seizure under s. 49.854 (6), Stats., or real property seizure under s. 49.854 (7), Stats., if there is a lien against a payer, and the lien amount in the payer’s case equals or exceeds 600% of the monthly amount due in the court order.

(4) Intercept of lump-sum pension payments, judgments, and settlements. The department or child support agency may initiate the intercept of lump-sum pension payments under s. 49.852, Stats., or the intercept of judgments and settlements under s. 49.856, Stats., when a payer has been placed on the child support lien docket.

History

Cr. Register, July, 1999, No. 523, eff. 8-1-99; correction in (5) (b) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; CR 19-070: r. (5) Register February 2020 No. 770, eff. 3-1-20.

Wis. Admin. Code § DCF 152.11 Alternative payment plans {#sec-dcf-152.11 omnilex-key=us-wi-regs-official--agency-dcf--DCF 152.11}

(1) Applicability of alternative payment plans. When the department or a child support agency enforces a lien through seizure of real property or personal property, seizure of financial accounts, or denial, nonrenewal, restriction, or suspension of licenses, the payer may negotiate an alternative payment plan with the child support agency.

(2) Negotiation of an alternative payment plan after receiving notice of an administrative enforcement action.

(a) The notices issued under s. 49.854 (5) (d), (6) (a), or (7) (a), or 49.857 (3) (a) or (am), Stats., shall inform the payer of the opportunity to negotiate an alternative payment plan, and shall notify the payer of the circumstances under which the payer may request a court hearing under s. 49.854 (5) (f), (6) (c), or (7) (c), or 49.857 (3) (ac) or (ar), Stats.

Note: Under ss. 49.854 (5) (d), (6) (b), and (7) (b), and 49.857 (3) (a) and (am), Stats. notices must inform the payer of his or her opportunity to request a hearing within 20 business days after the date of the notice.

(b) A payer may submit a written request to the child support agency to negotiate an alternative payment plan within 10 business days after the date of notice under s. 49.854 (5) (d), (6) (a), or (7) (a), or 49.857 (3) (a) or (am), Stats. The payer may submit a written request for a court hearing on the reasonableness of the plan within 20 business days after the date of notice under s. 49.854 (5) (d), (6) (a), or (7) (a), or 49.857 (3) (a) or (am), Stats.

(c) If the child support agency and the payer are unable to reach agreement on the terms of a plan, and the payer requested a court hearing within 20 business days after the date of notice under s. 49.854 (5) (d), (6) (a), or (7) (a), or 49.857 (3) (a) or (am), Stats., a hearing shall be conducted. If the court determines that the plan is not reasonable, it may order a plan by setting payments pursuant to s. 767.77 (1), Stats., in the amounts and at the times it considers expedient.

(3) Negotiation of an alternative payment plan after court determination of mistake of fact. If a court determines that a payer owes arrears as a result of a review of alleged mistake of fact under s. 49.854 (5) (f), (6) (c), or (7) (c), or 49.857 (3) (ac) or (ar), Stats., and the payer did not attempt to negotiate a plan prior to the court review, the payer may, within 10 business days of the court determination, submit a written request to the child support agency to negotiate a plan.

(4) Negotiation of an alternative payment plan after the restriction, limitation, suspension or refusal of a license. Pursuant to s. 49.857 (3) (d) 1., Stats., a payer may negotiate a plan with the department or child support agency to have a license issued or renewed after it has been restricted, limited, suspended or refused.

(5) Staying administrative enforcement actions. Administrative enforcement actions shall be stayed by the child support agency that initiated an action while the payer and the agency are negotiating a plan, or, if a court review of the reasonableness of the plan is requested, until the court determination has been made. To stay an administrative enforcement action means the following:

(a) License suspension and denial. The payer may not be certified to state licensing agencies or authorities for denial, nonrenewal, restriction, or suspension of professional, occupational, recreational, or driver licenses.

(b) Account seizure. Any financial accounts frozen under s. 49.854 (5) (b), Stats., shall remain frozen and may not be seized.

(c) Personal property seizure. Personal property that has been seized under s. 49.854 (6), Stats., shall be held by the department or the sheriff and may not be sold.

(d) Real property seizure. Real property may not be seized and sold.

(6) Suspension of administrative enforcement actions.

(a) When a plan has been negotiated between the payer and the child support agency, or the court has determined that a plan is reasonable or has ordered a plan pursuant to s. 767.77 (1), Stats., the child support agency in the county in which the plan is set shall suspend administrative enforcement actions as long as the payer complies with the plan.

(b) If a payer makes a full arrearage debt payment, prior to the completion of the administrative enforcement action, the action shall be suspended.

(7) Proceeding with administrative enforcement actions. If the court determines under sub. (2) (c) that a plan is not reasonable and does not set a plan, or the payer and child support agency are unable to negotiate a plan under sub. (3), the child support agency may continue with the administrative enforcement action.

(8) Disclosure of income and assets. The request to negotiate a plan shall include an agreement by the payer to provide the child support agency with a full disclosure of income and assets available. The payer shall provide complete income and assets information to the child support agency within 5 business days of the request to negotiate a payment plan.

(9) Case-by-case basis. A child support agency shall negotiate a plan with a payer only on cases venued in its county.

(10) Terms of an alternative payment plan.

(a) An alternative payment plan may include a lump-sum payment, or periodic payments on the arrearage debt, or both, subject to the following standards:

The sum of any periodic payment established under the plan and any other court-ordered payment of support, when subtracted from the payer’s gross income, may not leave the payer below 100% of the poverty line established under 42 USC 9902 (2) unless the payer agrees otherwise.
When establishing an alternative payment plan, the child support agency shall consider the factors used by the court in determining whether the use of the percentage standard is unfair to the child or any of the parties, as specified in s. 46.10 (14), 767.511, or 767.89, Stats.

(b) In a case in which the conditions in par. (a) 1. cannot be met, the child support agency may negotiate a lump-sum payment with the payer, or may elect to suspend administrative enforcement action.

(c) Upon agreement by the payer, periodic payments under the plan may be made through income withholding in amounts in addition to the amount ordered under s. 767.75 (1) (b), Stats.

(11) Default on an alternative payment plan. In the event that the payer defaults on the plan by failure either to make the full lump-sum payment within one month of the date that the payment is due, or to pay an amount equal to the amount due in one month under the plan, the child support agency shall notify the payer in writing that an administrative enforcement action shall be implemented unless the lien is paid in full.

(12) Renegotiation of an alternative payment plan. After the entry of an alternative payment plan, the plan may be renegotiated upon the written request of the payer or child support agency if the requesting party can show a substantial change in circumstances. A substantial change in circumstances includes any of the following:

(a) A change in the payer’s income or assets, including the sale or purchase of real or personal property.

(b) A change in the payer’s earning capacity.

(13) Payers with cases in multiple counties.

(a) When multiple county child support agencies initiate administrative enforcement actions against the same payer, and the payer negotiates an alternative payment plan with one of the agencies, the plan does not preclude any other child support agency from proceeding with its administrative enforcement action.

(b) If a child support agency which has a lien against property of a payer negotiates an alternative payment plan with the payer, the agency may receive proceeds from the sale of the payer’s real or personal property under the lien including, but not limited to, proceeds from administrative enforcement actions taken by other child support agencies.

History

Cr. Register, July, 1999, No. 523, eff. 8-1-99; correction in (10) (a) 2. made under s. 13.93 (2m) (b) 7., Stats., Register January 2003 No. 565; corrections in (2) (c), (6) (a) and (10) (a) 2. made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635.

Wis. Admin. Code § DCF 152.12 Agreements with financial institutions {#sec-dcf-152.12 omnilex-key=us-wi-regs-official--agency-dcf--DCF 152.12}

(1) Process for entering into agreements with financial institutions.

(a) The department or its designee shall enter into agreements with financial institutions to operate a financial record matching program using an automated data exchange to the extent feasible to identify the accounts of delinquent payers. In the agreement, the financial institution shall agree to provide information on the accounts maintained at the institution in a standard format prescribed by the department, and shall indicate all of the following:

The financial institution matching option in s. 49.853 (3), Stats., or the state matching option in s. 49.853 (4), Stats., as the method for participating in the financial record matching program.
The media for transmitting data to the department or receiving data from the department.

Note: The standard format for record matching will be based on specifications provided by the U.S. department of health and human services.

(b) The financial institution shall sign the agreement and return the agreement to the department within 20 business days of receipt of the agreement.

(c) When a financial institution returns to the department an agreement that has met the conditions in par. (a), the department shall sign the agreement and provide the financial institution with a copy of the agreement.

(d) In order for a financial institution to change the conditions specified in par. (a), it shall contact the department at least 60 days prior to the beginning of the next quarterly record match.

Note: The department and financial institutions are subject to the confidentiality provisions in s. 49.853 (3) (c) and (4) (c) and (d), Stats.

(2) Reimbursement for participation in the financial record matching program. In accordance with s. 49.853 (2), Stats., the department shall reimburse a financial institution $125 per quarter for participating in the financial record matching program in accordance with s. 49.853 (3) or (4), Stats., and the terms of the agreement under sub. (1).

History

Cr. Register, July, 1999, No. 523, eff. 8-1-99; CR 19-070: am. (1) (a) (intro.), (2) Register February 2020 No. 770, eff. 3-1-20.

Chapter DCF 153 CHILD SUPPORT INCENTIVE PAYMENTS

Wis. Admin. Code § DCF 153.01 Authority and purpose {#sec-dcf-153.01 omnilex-key=us-wi-regs-official--agency-dcf--DCF 153.01}

This chapter is promulgated under the authority of s. 49.24, Stats., for the purpose of specifying the procedure by which the department will distribute federal and state child support incentive payments to counties.

History

CR 01-138: cr. Register May 2002 No. 557, eff. 6-1-02.

Wis. Admin. Code § DCF 153.02 Definitions {#sec-dcf-153.02 omnilex-key=us-wi-regs-official--agency-dcf--DCF 153.02}

In this chapter:

(1) “IV-D” means part D of title IV of the social security act of 1975, the federal law on the child support and establishment of paternity program (42 USC 651 to 669b).

(2) “IV-D case” means a parent or alleged father who is now or eventually may be obligated under law for the support of a child or children receiving services under the title IV-D program. A parent or alleged father is a separate IV-D case for each family with a dependent child or children that the parent or alleged father may be obligated to support. If both parents are absent and liable or potentially liable for support of a child or children receiving services under the IV-D program, each parent is considered a separate IV-D case.

(3) “Agency combined earnings” means each agency’s total earned amounts.

(4) “Agency share of total available incentive funding” means the percentage of actual total funding available for distribution under s. 49.24, Stats., that an agency receives.

(5) “Allocation” means the estimated minimum incentive payment amount that the agency is expected to receive if the total available incentive funding is equal to or exceeds the projected incentive funding and the agency’s earned level is 100%.

(6) “Child support agency” or “agency” means the county child support agency under s. 59.53 (5), Stats.

(7) “County contract committee” means a subcommittee of the members of the child support policy advisory committee, as appointed by local child support agency representatives on the policy advisory committee, that serves to advise the department on matters relating to child support incentive payments.

(8) “Department” means the Wisconsin department of children and families.

(9) “Earned amount” means an agency’s allocation multiplied by the agency’s weighted earned level for an individual performance measure.

(10) “Earned level” means the number that is determined based on an agency’s performance level on an individual performance measure and that is used in calculating an agency’s earned amount for that performance measure.

(11) “Federal fiscal year” means October 1 of one year through September 30 of the following year.

(12) “Incentive payment amount” means the dollar amount the agency receives pursuant to s. 49.24, Stats.

(13) “Office of child support enforcement” means the office that administers the IV-D program within the federal department of health and human services, administration for children and families.

(14) “Performance level” means an agency’s score on a performance measure.

(15) “Performance measure” or “measure of performance” means a standard used to evaluate agency performance for purposes of determining incentive payment amounts under s. 49.24, Stats.

(16) “Performance scale” means a table of agency performance levels and corresponding earned levels used in calculating an agency’s incentive payment amount.

(17) “Projected incentive funding” means the estimated total funding that will be available for distribution to counties under s. 49.24, Stats.

(18) “Statewide combined earnings” means the total of agency combined earnings for all agencies.

(19) “Total available incentive funding” means the actual total funding available for distribution to counties under s. 49.24, Stats., as determined by the department, for a particular contract year.

History

CR 01-138: cr. Register May 2002 No. 557, eff. 6-1-02; correction in (8) made under s. 13.92 (4) (b) 6., Stats., Register November 2008 No. 635.

Wis. Admin. Code § DCF 153.03 Projected incentive funding {#sec-dcf-153.03 omnilex-key=us-wi-regs-official--agency-dcf--DCF 153.03}

In consultation with the county contract committee, the department shall estimate the total state and federal incentive funding that will be available for distribution to counties under s. 49.24, Stats., in the following year.

History

CR 01-138: cr. Register May 2002 No. 557, eff. 6-1-02.

Wis. Admin. Code § DCF 153.04 Allocation to counties {#sec-dcf-153.04 omnilex-key=us-wi-regs-official--agency-dcf--DCF 153.04}

(1) Allocation criteria. In consultation with the county contract committee, the department shall determine the amount of the projected incentive funding that will be allocated to each county using the following criteria:

(a) All child support agencies shall have funds available to achieve performance measures.

(b) Agencies of similar size shall receive equitable treatment.

(c) A high level of performance is necessary in the large Wisconsin agencies to maximize the federal share of incentives.

(2) Notice. The department shall make a good faith effort to notify agencies of the estimated allocation for each county in time for agencies to plan their budgets for the following year.

History

CR 01-138: cr. Register May 2002 No. 557, eff. 6-1-02.

Wis. Admin. Code § DCF 153.05 Performance measures {#sec-dcf-153.05 omnilex-key=us-wi-regs-official--agency-dcf--DCF 153.05}

(1) In consultation with the county contract committee, the department shall establish state measures of performance, and agencies shall earn incentive payments specified under s. 49.24, Stats., based on individual agency performance under each measure of performance.

(2) The state measures of performance shall include one or more of the following:

(a) Paternity establishment percentage. The paternity establishment percentage is one of the following:

The ratio of the total number of nonmarital children in the IV-D caseload in the federal fiscal year or as of the end of the federal fiscal year for whom paternity is established or acknowledged to the total number of nonmarital children in the IV-D caseload as of the end of the preceding federal fiscal year.
The ratio of the total number of minor nonmarital children for whom paternity has been established or acknowledged during the federal fiscal year to the total number of nonmarital children born during the preceding federal fiscal year.

(b) Support order establishment measure. The support order establishment measure is the ratio of the number of IV-D cases with support orders during the federal fiscal year to the total number of IV-D cases during the federal fiscal year. These support orders include all types of legally enforceable orders, such as court, default, and administrative orders.

(c) Current collections measure. The current collections measure is the ratio of the total dollars collected for current support in IV-D cases to the total dollars owed for current support in IV-D cases.

(d) Arrears collection measure. The arrears collection measure is the ratio of the total number of eligible IV-D cases paying toward arrears to the total number of IV-D cases with arrears due.

(e) Cost-effectiveness measure. The cost-effectiveness measure is the ratio of the total IV-D dollars collected to the total IV-D dollars expended.

(f) Other federal measures. Any other measures or any modification to the measures under pars. (a) to (e) used by the federal office of child support enforcement in providing incentive payments to states pursuant to 45 CFR Part 305.

(g) Other state measures. Any other measures as determined by the department in consultation with the county contract committee.

(3) The state measures for agency performance in sub. (2) (a) to (f) are based on federal measures for state performance at 45 CFR Part 305. The department shall follow the federal office of child support enforcement interpretation to resolve any ambiguities on the measures in sub. (2) (a) to (f).

History

CR 01-138: cr. Register May 2002 No. 557, eff. 6-1-02.

Wis. Admin. Code § DCF 153.06 Performance levels {#sec-dcf-153.06 omnilex-key=us-wi-regs-official--agency-dcf--DCF 153.06}

(1) In consultation with the county contract committee, the department shall determine all of the following:

(a) Weight. A weight to be given each performance measure in s. DCF 153.05 (2). The combined weight of the measures shall total 100%.

(b) Performance scales. Performance scales used to determine agency earned levels based on performance on each measure in s. DCF 153.05 (2). There shall be the following two methods of determining earned levels:

Performance levels and corresponding earned levels based on federal performance levels at 45 CFR 305.33, taking into consideration any potential penalties under 45 CFR 305.40.
An alternative method of evaluating performance levels based on an agency’s incremental change from the agency’s performance in the preceding year.

(2) The purpose of the determinations in sub. (1) is to target areas for statewide improvement to maximize the state share of federal incentive dollars under 45 CFR Part 305 while ensuring that agencies have funds available to achieve the purposes of the child support program. The following factors shall be considered in making the determinations in sub. (1):

(a) State performance levels necessary to avoid federal penalties under 45 CFR 305.40.

(b) Past state performance on federal performance measures.

(d) Circumstances beyond the control of agencies that affect agency performance.

History

CR 01-138: cr. Register May 2002 No. 557, eff. 6-1-02; corrections in (1) (a) and (b) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635.

Wis. Admin. Code § DCF 153.07 Incentive payment formula {#sec-dcf-153.07 omnilex-key=us-wi-regs-official--agency-dcf--DCF 153.07}

The formula to determine the amount of an agency’s incentive payment is a 4-step process as follows:

(1) The first step is to determine an agency’s earned amount for each performance measure by multiplying each agency’s allocation by the weighted earned level for each measure. The agency’s earned amounts for all measures are then added to determine the agency’s combined earnings.

(2) The second step is determining the statewide combined earnings by adding the agency combined earnings from sub. (1) for all agencies.

(3) The third step is determining each agency’s share of the total available incentive funding by dividing the agency combined earnings under sub. (1) by the statewide combined earnings under sub. (2).

(4) The fourth step is determining each agency’s incentive payment amount by multiplying the agency’s share of the total available incentive funding under sub. (3) by the total available incentive funding.

History

CR 01-138: cr. Register May 2002 No. 557, eff. 6-1-02.

Wis. Admin. Code § DCF 153.08 Distribution and use of incentive payments {#sec-dcf-153.08 omnilex-key=us-wi-regs-official--agency-dcf--DCF 153.08}

(1) The department shall distribute the total available incentive funding under s. 49.24, Stats., to counties and to tribes or tribal organizations eligible under sub. (2).

(2) A tribe or tribal organization that enters into a cooperative agreement with the department for the delivery of child support services under the state plan pursuant to 42 USC 654(33) shall receive an incentive payment under this chapter based on the same criteria and subject to the same restrictions as counties carrying out activities under the state plan. A tribe or tribal organization that receives direct tribal child support enforcement funding pursuant to 42 USC 655(f) may not receive an incentive payment under this chapter.

(3) The total state and federal incentive payments to a county per year under s. 49.24, Stats., may not exceed the costs per year of the county’s child support program under s. 49.22, Stats.

(4) A county that receives any state or federal incentive payments under s. 49.24, Stats., may use the funds only to pay costs under its child support program under s. 49.22, Stats.

(5) A county that receives any state or federal incentive payments under s. 49.24, Stats., may use the funds only to supplement, and not supplant, the baseline level of county funding for its child support program as determined by averaging the county’s contribution to its IV-D expenditures in calendar years 1996, 1997, and 1998, unless waived by the department. The department will waive this subsection if the state is in compliance with 45 CFR 305.35.

History

CR 01-138: cr. Register May 2002 No. 557, eff. 6-1-02.

Chapter DCF 154 SUBSTANCE ABUSE SCREENING, TESTING, AND TREATMENT FOR THE CHILDREN FIRST PROGRAM

Wis. Admin. Code § DCF 154.01 Purpose {#sec-dcf-154.01 omnilex-key=us-wi-regs-official--agency-dcf--DCF 154.01}

The purpose of this chapter is to establish a process to screen for, and, if appropriate, test for the use of controlled substances by persons ordered to participate in the Children First work experience program administered by the department under s. 49.36, Stats., and to refer persons determined to be abusing a controlled substance to a treatment provider for a substance abuse assessment and evaluation and appropriate treatment as required by s. 49.162, Stats.

History

EmR1612: emerg. cr. eff. 3-17-16; CR 16-022: cr. Register July 2016 No. 727, eff. 8-1-16.

Wis. Admin. Code § DCF 154.02 Definitions {#sec-dcf-154.02 omnilex-key=us-wi-regs-official--agency-dcf--DCF 154.02}

In this chapter:

(1) “Administering agency” has the meaning given in s. 49.162 (1) (a), Stats.

(3) “Controlled substance” or “substance” has the meaning given for “controlled substance” in s. 961.01 (4), Stats.

(4) “Department” means the department of children and families.

(4m) “Medical review officer” means a licensed physician employed by or providing services under contract to a drug testing vendor who has knowledge of substance abuse disorders and laboratory testing procedures and who has the necessary training and experience to interpret and evaluate a person’s positive test result in relation to that person’s medical history and current valid prescriptions.

(5) “Metabolite” means a chemical present in the body when a controlled substance is being broken down through natural metabolic processes that can be detected or measured as a positive indicator that a controlled substance associated with the metabolite has been used.

(7) “Person” means a parent who is not a custodial parent under s. 767.55 (2) (a), Stats., who has been ordered by the court pursuant to s. 767.55 (2) (am), Stats., to participate in a work experience and job training program under s. 49.36, Stats.

(8) “Reasonable suspicion” means suspicion of controlled substance abuse by a person based on that person’s score on a screening questionnaire.

(9) “Screening” means completion of a questionnaire regarding the person’s current and prior use of controlled substances.

(10) “Specimen” means tissue, fluid, or a product of the human body capable of revealing the presence of controlled substances or their metabolites.

(11) “Treatment” means services that are conducted under clinical supervision to assist a person through the process of recovery from controlled substance abuse and may include screening for abuse of controlled substances, application of approved placement criteria, intake, orientation, assessment, individualized treatment planning, intervention, individual or group and family counseling, referral, discharge planning, after care or continuing care, recordkeeping, consultation with other professionals regarding the patient’s treatment, recovery and case management, crisis intervention, client education, employment, and problem resolution in life skills functioning.

(13) “Treatment provider” or “provider” means a provider of treatment for controlled substance abuse certified by the department of health services under the provisions of ch. DHS 75.

(14) “Work experience program” or “program” means a work experience program for noncustodial parents under s. 49.36, Stats.

History

EmR1612: emerg. cr. eff. 3-17-16; CR 16-022: cr. Register July 2016 No. 727, eff. 8-1-16; (6) renum. to (4m) under s. 13.92 (4) (b) 1., Stats., Register July 2016 No. 727.

Wis. Admin. Code § DCF 154.03 Information about the requirement for controlled substance abuse screening, testing, and treatment {#sec-dcf-154.03 omnilex-key=us-wi-regs-official--agency-dcf--DCF 154.03}

An administering agency shall provide to any person who has been ordered by a court to register for a work experience program under s. 49.36, Stats., information that explains the requirement to undergo screening, testing, and treatment for abuse of controlled substances. The information shall be in a format approved by the department.

History

EmR1612: emerg. cr. eff. 3-17-16; CR 16-022: cr. Register July 2016 No. 727, eff. 8-1-16.

Wis. Admin. Code § DCF 154.04 Administering a controlled substance abuse screening questionnaire to determine reasonable suspicion of substance abuse {#sec-dcf-154.04 omnilex-key=us-wi-regs-official--agency-dcf--DCF 154.04}

(2) Effect of failing to complete screening questionnaire. The person is required to answer all questions on the screening questionnaire, sign and date the questionnaire, and submit it to the administering agency. A person who fails to submit a completed screening questionnaire is not eligible to participate in a work experience program, and the administering agency shall inform the clerk of courts by affidavit that the person is not eligible to participate in the program.

(3) Effect of successfully passing the screening questionnaire. A person whose score on the screening questionnaire does not establish a reasonable suspicion of abuse of a controlled substance has fully satisfied the requirements of this chapter and may participate in a work experience program subject to this chapter without further screening, testing, or treatment.

History

EmR1612: emerg. cr. eff. 3-17-16; CR 16-022: cr. Register July 2016 No. 727, eff. 8-1-16.

Wis. Admin. Code § DCF 154.05 Requiring a test for the use of a controlled substance {#sec-dcf-154.05 omnilex-key=us-wi-regs-official--agency-dcf--DCF 154.05}

(1) Who may be required to undergo testing. A person whose score on the screening questionnaire establishes a reasonable suspicion of abuse of a controlled substance shall be required to undergo a test for the use of a controlled substance.

(2) Nature of testing required. Testing shall consist of laboratory analysis of a specimen collected from a person by a drug testing vendor. The department shall provide to each administering agency a list of all controlled substances or metabolites of controlled substances that must be included in the test and cutoff levels for the test and cutoff levels for any confirmation test that may be used. The department may add or delete controlled substances or metabolites that must be included in the laboratory test to reflect changes in pre-employment drug testing practices of Wisconsin employers. Any positive test result on the initial drug test shall be confirmed through a confirmation test using the original specimen collected from the person.

(3) Contract for testing services. Subject to the department’s approval, the administering agency may contract with any qualified drug testing vendor to collect a specimen, carry out laboratory analysis of the specimen, store the specimen for confirmatory testing if required, complete confirmatory testing, and provide review by a medical review officer. The department may require the administering agency to use a specific testing service procured through state contracting if the department determines that volume discounts or other preferential pricing terms can be achieved through a statewide contract.

The federal Centers for Medicare & Medicaid Services (CMS) regulates all laboratory testing (except research) performed on humans in the U.S. through the Clinical Laboratory Improvement Amendments (CLIA). Any entity or facility performing drug or alcohol testing or screening on specimens derived from the human body for the purpose of providing information for the diagnosis, prevention, or treatment of any disease or impairment of, or the assessment of the health of, human beings is considered a laboratory and must obtain an appropriate CLIA certificate and meet the applicable CLIA standards or cease testing.

(4) Refusal to submit to a test. A person refuses to submit to a test if the person does any of the following:

(a) Fails or refuses to provide a specimen during an appointment scheduled by the administering agency for that purpose.

(b) Fails or refuses to appear for a test at the time and place directed by the administering agency.

(c) Fails or refuses to complete any form or release of information required for testing, including those required by the drug testing vendor that permit the drug testing vendor to report test results to the administering agency.

(d) Fails or refuses to provide a valid specimen for testing.

(e) Fails or refuses to provide verification of identity to the drug testing vendor.

(5) Effect of refusal to submit to a test. A person who refuses to submit to a test under sub. (4) is ineligible to participate in a work experience program until the person submits to a test. The administering agency may direct a person who has refused to submit to a test under sub. (4) and subsequently agrees to submit to a test to undergo drug testing on a random basis at any time within 10 days after the person agrees to submit to a test. A person may not participate in the work experience program until the person undergoes a test for the use of a controlled substance and test results have been reported to the administering agency. If a person refuses to submit to a test for a period longer than 10 days, the administering agency shall inform the clerk of courts by affidavit that the person is not eligible to participate in the program until the person submits to a test.

(6) Requirement for a confirmation test. If a person tests positive for the use of a controlled substance, the drug testing vendor shall perform a confirmation test using the same specimen obtained for the initial drug test. The results of the confirmation test shall be verified by a medical review officer after considering the person’s medical history as well as any current valid prescription and use of over-the counter medication. All test results that are non-negative shall be interpreted as positive or negative by the drug testing vendor’s medical review officer who shall be responsible for determining the presence of a controlled substance.

(7) Accepting test results from another program. Results of a drug test performed by another state program, including a program under s. 49.159 (1) (b), 49.163, 49.45 (23) (g), 49.79 (9) (d), or 108.133, Stats., or a drug test carried out by the Wisconsin department of corrections, can be used by an administering agency to determine whether to refer a person to treatment if the prior test results are provided directly to the administering agency, all the controlled substances and metabolites required by the department to be tested under this chapter are included in the prior test results, and the test occurred within the previous 90 days.

(8) Effect of a negative test. A person who undergoes a test for the use of a controlled substance under this section and tests negative for use of a controlled substance or tests positive for use of a controlled substance but provides evidence of a valid prescription for each controlled substance for which the person tests positive will have fully satisfied the requirements of this chapter and may participate in a work experience program without further screening, testing, or treatment.

(9) Effect of a positive test. A person whose test results are positive for any controlled substance or metabolite tested and who fails to present evidence of a valid prescription for the controlled substance shall be required to participate in treatment under s. DCF 154.06.

History

EmR1612: emerg. cr. eff. 3-17-16; CR 16-022: cr. Register July 2016 No. 727, eff. 8-1-16.

Wis. Admin. Code § DCF 154.06 Requiring participation in treatment {#sec-dcf-154.06 omnilex-key=us-wi-regs-official--agency-dcf--DCF 154.06}

(1) Who may be required to participate in treatment. Every person who undergoes a test under s. DCF 154.05 and tests positive for the use of a controlled substance without presenting evidence satisfactory to the administering agency that the individual possesses a valid prescription for each controlled substance for which the individual tests positive, and as determined by the medical review officer for the drug testing vendor, shall be required to participate in treatment in order to be eligible to participate in a work experience program.

(2) Referral for treatment. The administering agency shall provide information to every person required to participate in treatment about treatment providers and county-specific assessment and enrollment activities required for entry into treatment. The administering agency shall monitor the person’s progress in entering and completing treatment and the results of any random testing for the use of a controlled substance carried out during or at the conclusion of treatment.

(a) If a treatment provider determines a person does not need treatment, the provider shall notify the administering agency of its determination.

(b) If a treatment provider determines a person is in need of treatment, the provider shall refer the person to an appropriate treatment program to begin treatment and shall notify the administering agency of the referral and the expected begin date and duration of treatment.

(c) If a treatment provider determines a person is in need of treatment but is unable to refer the person because there is a waiting list for enrollment in appropriate treatment programs, the provider shall notify the administering agency when the person is expected to be enrolled.

(4) Eligibility of a person to participate in a work experience program when treatment is not needed or the person is placed on a waiting list.

(a) A person who has been determined by a treatment program after assessment not to need treatment will have fully satisfied the requirements of this chapter and may participate in a work experience program without further screening, testing, or treatment for the use of a controlled substance.

(b) A person who is on a waiting list for enrollment in an appropriate treatment program is eligible to participate in a work experience program during the waiting list period, provided the person is not eligible for immediate enrollment in any other appropriate treatment program.

(5) Satisfying the requirement to participate in treatment through participation in another treatment program. An administering agency shall accept current participation in a treatment program to satisfy the requirements of this section. The person participating in the treatment program shall execute a release of information to allow the administering agency to obtain verification of successful participation in that treatment program.

(6) Refusal to participate in treatment. A person refuses to participate in treatment if the person does any of the following:

(a) Fails or refuses to complete any form or release required for program administration, including those required by the treatment provider in order to share information with the administering agency about the person’s participation in treatment.

(b) Fails or refuses to participate in any controlled substance testing required by the treatment provider or the administering agency during the course of required treatment, including random controlled substance testing directed by the treatment provider or administering agency.

(d) Fails or refuses to complete a substance abuse assessment.

(7) Effect of refusal to participate in treatment.

(a) If the treatment provider agrees to continue treatment, a person who refuses to participate in treatment shall be given one opportunity to participate in treatment by re-entering treatment within 30 days of the refusal to participate.

(b) A person who does not re-enter treatment within 30 days of a refusal to participate or who refuses a second time to participate in treatment shall be ineligible to participate in any department program subject to s. 49.162, Stats., for a period of 12 months. The administering agency shall inform the clerk of courts by affidavit that the person is not eligible to participate in any program subject to s. 49.162, Stats., for a period of 12 months because the person did not re-enter treatment within 30 days of a refusal to participate or the person refused a second time to participate in treatment.

(8) Controlled substance testing during required treatment.

(a) A person who is participating in treatment shall undergo a minimum of one randomly administered test for the use of a controlled substance as directed by the administering agency during the course of treatment. Additional tests during required treatment may be directed by the administering agency if recommended by the treatment provider or required under par. (c).

(b) A person who tests positive for use of a controlled substance during treatment without presenting evidence of a valid prescription for the controlled substance may be eligible to re-enter the treatment program. The person may re-enter treatment only once as a result of a positive test for use of a controlled substance. The treatment provider shall determine the terms of the person’s re-entry into treatment based on an assessment of the person’s treatment needs at the time the person re-enters treatment. Based on its assessment, the provider may take any of the actions described in sub. (3).

(c) A person who re-enters treatment under par. (b) shall undergo a minimum of one randomly administered test for the use of a controlled substance during the course of continued treatment following re-entry. After re-entering a treatment program, a confirmed positive test for use of a controlled substance without presenting evidence of a valid prescription for the controlled substance shall be reported to the administering agency and shall result in the person being ineligible to participate in a work experience program.

(d) A person who is determined to be ineligible to participate in a work experience program as a result of a second positive test during treatment for the use of a controlled substance under par. (c) is not eligible to participate in any department program subject to s. 49.162, Stats., for a period of 12 months. The administering agency shall inform the clerk of courts by affidavit that the person is not eligible to participate any program subject to s. 49.162, Stats., for a period of 12 months as a result of a second positive test during treatment.

(9) Testing for use of a controlled substance at the conclusion of required treatment.

(a) All persons participating in treatment under this section shall undergo testing for use of a controlled substance at the completion of the treatment program.

(b) If a person tests negative for the use of a controlled substance, or tests positive for the use of a controlled substance but presents evidence satisfactory to the administering agency that the person possesses a valid prescription for each controlled substance for which the person tests positive, the person will have satisfactorily completed the treatment and testing requirements under this section and may participate in a work experience program without further screening, testing, or treatment for the use of a controlled substance.

(c) A person who refuses a test or tests positive for use of a controlled substance at the completion of treatment without presenting evidence satisfactory to the administering agency that the person possesses a valid prescription for each controlled substance for which the person tests positive is not eligible to participate in any program subject to s. 49.162, Stats., for a period of 12 months. The administering agency shall inform the clerk of courts by affidavit that the person is not eligible to participate in any work experience program administered by the department for a period of 12 months as a result of a positive test at the conclusion of treatment.

(10) Participation in work experience program activities while in treatment. An administering agency may place a person in program activities during treatment if program activities will not interfere with the person’s participation in treatment. A person who is not in treatment following a positive test during treatment or a refusal to participate may not participate in program activities until the person re-enters treatment.

History

EmR1612: emerg. cr. eff. 3-17-16; CR 16-022: cr. Register July 2016 No. 727, eff. 8-1-16.

Wis. Admin. Code § DCF 154.07 Effect of completing, voluntarily withdrawing, or being terminated from a work experience program {#sec-dcf-154.07 omnilex-key=us-wi-regs-official--agency-dcf--DCF 154.07}

A person who completes or voluntarily withdraws from the work experience program is no longer subject to s. 49.162, Stats., or this chapter. A person who is terminated from the program for reasons unrelated to substance abuse screening, testing, and treatment is no longer subject to s. 49.162, Stats., or this chapter, as of the date of termination from the program.

History

EmR1612: emerg. cr. eff. 3-17-16; CR 16-022: cr. Register July 2016 No. 727, eff. 8-1-16; correction in (title) under s. 35. 17, Stats. Register July 2016 No. 727.

Wis. Admin. Code § DCF 154.08 Confidentiality of records {#sec-dcf-154.08 omnilex-key=us-wi-regs-official--agency-dcf--DCF 154.08}

Screening questionnaires, testing results, and treatment records relating to this chapter may not be disclosed unless for purposes connected with the administration of the program unless disclosure is otherwise authorized by law or by written consent from the person who is the subject of the record. The department may establish administrative, physical, and technical safeguard procedures administering agencies may be required to follow to assure compliance with state and federal laws relating to public assistance program records, drug testing and treatment records, and medical records.

History

EmR1612: emerg. cr. eff. 3-17-16; CR 16-022: cr. Register July 2016 No. 727, eff. 8-1-16.

Chapter DCF 201 CHILD CARE SUBSIDY PROGRAM

Wis. Admin. Code § DCF 201.01 Purpose and applicability {#sec-dcf-201.01 omnilex-key=us-wi-regs-official--agency-dcf--DCF 201.01}

This chapter provides standards and procedures for the administration of the child care subsidy program under ss. 49.155 and 227.11 (2) (a), Stats. This chapter applies to the department, child care administrative agencies, child care providers, and eligible parents.

History

Cr. Register, February, 1997, No. 494, eff. 3-1-97; am. Register, November, 1999, No. 527, eff. 12-1-99; CR 02-104: am. Register March 2003 No. 567, eff. 4-1-03; EmR1015: emerg. am. eff. 5-17-10; CR 10-056: am. Register September 2010 No. 656, eff. 10-1-10; EmR1709: emerg. r. and recr. eff. 5-4-17; CR 17-033: r. and recr. Register January 2018 No. 745, eff. 2-1-18.

Wis. Admin. Code § DCF 201.02 Definitions {#sec-dcf-201.02 omnilex-key=us-wi-regs-official--agency-dcf--DCF 201.02}

In this chapter:

(1) “Account number” means a number that appears on a parent’s EBT card and is linked to the parent’s electronic child care subsidy.

(1d) “Approved activity” means an activity specified under s. 49.155 (1m) (a), Stats.

(1h) “Approved activity search period” means the 3-month eligibility period after the parent permanently ceases participation in any approved activity under s. 49.155 (1m) (a) (intro.), Stats.

(1p) “Assistance group” means the individuals in a household that are included in determining eligibility for the child care subsidy program under s. DCF 201.036 (2).

(1t) “Authorization” means written approval by a child care administrative agency for payment under the child care subsidy program for child care for a specific child, by a specific child care provider, for up to a specific number of hours, during a specific time period.

(2m) “Certification agency” means the department in a county having a population of 750,000 or more; a county department of social services established under s. 46.22, Stats.; a county department of human services established under s. 46.23, Stats.; a tribal agency; or any agency that contracts with any of those entities to certify child care providers under s. 48.651, Stats.

(3) “Child care administrative agency” or “agency” means any of the following:

(a) An agency that has a contract with the department to administer the child care subsidy program.

(b) An agency that has a subcontract to administer the child care subsidy program with an agency that has a contract with the department.

(c) In a county with a population of 750,000 or more, the department or the Milwaukee County enrollment services unit as provided in ss. 49.155 (3g) (a) and 49.825 (2) (b), Stats.

(4) “Child care funds” means funding for child care purposes under s. 49.155, Stats., excluding s. 49.155 (1d) and (1g), Stats.

(5) “Child care price” means the amount a child care provider charges for child care services.

(6) “Child care provider” or “provider” means a provider licensed under s. 48.65, Stats.; certified under s. 48.651, Stats.; established or contracted for under s. 120.13 (14), Stats.; or licensed or regulated in Illinois, Minnesota, Iowa, or Michigan.

(6m) “Child care subsidy program” or “subsidy program” means the program under which the department issues payments to assist parents who are eligible under s. 49.155 (1m), Stats., with child care expenses.

(7g) “Complies with the payment schedule” as used in s. 49.195 (3m) (h), Stats., means the debtor submits each payment due on an overpayment so that it is received by the department by the due date every month over the life of the debt.

(7m) “Copayment” means an amount that is calculated by the department’s automation system based on s. DCF 201.08 (1) (a) and (2) (bm) that reduces the amount of a parent’s subsidy payment.

Note: See the definition of “parent’s share” in s. DCF 201.02 (17e).

(7r) “Debtor” means a person who is responsible for an overpayment under s. DCF 201.04 (5) (b) or a person who is liable under s. 49.155 (7m) (b), Stats.

(8) “Department” means the Wisconsin department of children and families.

(9) “EBT card” means a card that allows a parent to electronically transfer the parent’s child care subsidy to the parent’s child care provider as payment for child care services.

(9g) “Employability plan” means a written agreement used in the Wisconsin works program that includes the activities that a Wisconsin works program participant will engage in during a specified time period.

(9r) “Employment plan” means a written agreement used in the food stamp employment and training program under s. 49.79 (9), Stats., that includes the activities that a program participant will engage in during a specified time period.

(11) “Federal poverty level” means the poverty guidelines that are established based on the number of individuals in a household and updated annually by the U.S. department of health and human services.

(12) “Foster parent” means a person licensed under s. 48.62 (1), Stats., or licensed by a tribal social services agency as a tribal placement home.

(13) “Gross income” means the income used in determining financial eligibility under s. 49.155 (1m) (c), Stats.

(13m) “Homeless” has the same meaning as “homeless children and youths” under 42 USC 11434a (2).

Note: This definition is included in Section 725 (2) of the McKinney-Vento Homeless Assistance Act.

(14) “In-home provider” means a person caring for a child in the child’s own home.

(15) “Kinship care relative” means a stepparent, brother, sister, stepbrother, stepsister, half brother, half sister, brother-in-law, sister-in-law, first cousin, 2nd cousin, nephew, niece, uncle, aunt, stepuncle, stepaunt, or any person of a preceding generation as denoted by the prefix of grand, great, or great-great, whether by blood, marriage, or legal adoption, or the spouse of any person listed in this subsection, even if the marriage is terminated by death or divorce.

(15m) “Maximum rate” means the maximum rate that the department will use in calculating the amount of a payment under the child care subsidy program.

(16) “Nonmarital coparent” has the meaning given in s. 49.141 (1) (i), Stats.

Note: Section 49.141 (1) (i), Stats., provides “‘Nonmarital coparent’ means, with respect to an individual and a dependent child, a parent who is not married to the individual, resides with the dependent child and is either an adjudicated parent or a parent who has signed and filed with the state registrar under s. 69.15 (3) (b) 3. a statement acknowledging paternity.”

(16m) “Nurse practitioner” has the same meaning as “advanced practice nurse” under s. N 8.02 (1).

(17) “Parent” means a custodial parent, foster parent, kinship care relative, guardian, legal custodian, subsidized guardian or interim caretaker under s. 48.623, Stats., or a person acting in place of a parent. “Parent” also includes the spouse or nonmarital coparent of a parent who resides in the same household as the parent.

(17e) “Parent’s share” means the out-of-pocket cost of child care that a parent is responsible for paying to the child care provider, including any amount charged by the provider that exceeds the amount of the parent’s subsidy payment.

Note: See the definition of “copayment” in s. DCF 201.02 (7m).

(17m) “Personal identification number” means a confidential number that a parent uses with the parent’s EBT card or account number to electronically access the parent’s child care subsidy in a secure manner.

(17s) “Physician assistant” has the same meaning as in s. 448.971 (2), Stats.

(18m) “Private pay parent” means a parent that does not pay a provider for child care with funds from the child care subsidy program.

(18p) “Registration fee” means a fee that a child care provider charges to enroll a child or to continue a child’s enrollment on an annual basis.

(19) “Slots” means the number of children within the capacity of a child care provider under the applicable law for that type of provider.

(20) “Special need” means an emotional, behavioral, physical, or personal need of a child requiring more than the usual amount of care and supervision for the child’s age, as documented by a physician, psychologist, special educator, or other qualified professional. A “special need” includes a developmental disability.

(21) “Temporary break” means a parent’s time-limited absence from an approved activity due to any of the following:

(a) Illness, leave to care for family member, a student or holiday break, or an interruption in work for a seasonal worker who is not working between regular industry work seasons, all of which continue only until the parent’s next eligibility redetermination.

(b) Any other cessation of an approved activity as long as the parent continues to be employed or enrolled in the approved activity and the absence does not exceed 3 months.

(21m) “Twelve-month eligibility period” means the period between the initial determination of a parent’s eligibility and the following redetermination or between annual redeterminations of a parent’s eligibility.

(22) “Tribe” means a Wisconsin American Indian tribe recognized by the federal government.

(24) “Wisconsin works” or “W-2” has the meaning given in s. 49.141 (1) (p), Stats.

Note: Section 49.141 (1) (p), Stats., provides: “‘Wisconsin works’ means the assistance program for families with dependent children, administered under ss. 49.141 to 49.161.”

(26) “Wisconsin works employment position” has the meaning given in s. DCF 101.03 (39).

History

Cr. Register, February, 1997, No. 494, eff. 3-1-97; r. (1), (8), (11), (13), (14), (15) and (16), am. (3), (4), (9), (10), and (17), cr. (15m), (16m), (20m), (23), and (24), Register, November, 1999, No. 527, eff. 12-1-99; renum. (12), (15m), (16m) and (20m) to be (11), (15), (16), and (20), cr. (12) and (25), r. (14), Register, January, 2001, No. 541, eff. 2-1-01; CR 02-104: r. and recr. (3) and (15), am. (4), (11) to (13) and (21), renum. (7) and (20) to (25) to be (8) and (21) to (26), cr. (7), (14) and (20) Register March 2003 No. 567, eff. 4-1-03; correction in (10) made under s. 13.93 (2m) (b) 7., Stats., Register March 2003 No. 567; CR 04-123: r. (9) Register July 2005 No. 595, eff. 8-1-05; correction in (11) made under s. 13.92 (4) (b) 7. Stats., Register July 2008 No. 631; corrections in (8), (25) and (26) made under s. 13.92 (4) (b) 6. and 7., Stats., Register November 2008 No. 635; EmR1015: emerg. cr. (2m), am. (3) and (19), eff. 5-17-10; CR 10-056: cr. (2m), am. (3) and (19) Register September 2010 No. 657, eff. 10-1-10; EmR1027: emerg. cr. (7g), (7r), eff. 7-9-10; CR 10-086: cr. (7g), (7r) Register December 2010 No. 660, eff. 1-1-11; CR 10-148: am. (12), r. (21) Register August 2011 No. 668, eff. 9-1-11; CR 14-030: cr. (6m) Register August 2015 No. 716, eff. 9-1-15; 2015 Wis. Act 132: am. (2m) Register February 2016 No. 722, eff. 3-1-16; EmR1709: emerg. r. (2), am. (3), r. and recr. (5), am. (6), r. and recr. (6m), r. (7), r. and recr. (7r), r. (11), am. (12), r. and recr. (13), cr. (15m), r. and recr. (19), cr. (19m), r. (23), (25), eff. 5-4-17; CR 17-033: r. (2), r. and recr. (3), (5), am. (6), r. and recr. (6m), r. (7), r. and recr. (7r), r. (11), am. (12), r. and recr. (13), cr. (15m), r. and recr. (19), r. (23), (25) Register January 2018 No. 745, eff. 2-1-18; EmR1801: emerg. cr. (1), (9), (17m), (18m), eff. 3-11-18; CR 17-099: cr. (1), (9), (17m), (18m) Register July 2018 No. 751, eff. 8-1-18; CR 18-088: cr. (1d), (1h), (1p), (1t), (7m), (9g), (9r), r. (10), cr. (11), (13m), r. and recr. (15), cr. (16m), r. and recr. (17), cr. (17e), (17s), r. (18), cr. (21), (21m), Register July 2019 No. 763, eff. 8-1-19; correction in (17s) made under s. 13.92 (4) (b) 7., Stats., Register January 2023 No. 805; EmR2314: emerg. cr. (18p), eff. 10-1-23; CR 23-016: cr. (18p) Register January 2024 No. 817, eff. 2-1-24; CR 26-011: am. (13m), r. and recr. (21) Register July 2026 No. 847, eff. 8-1-26.

Wis. Admin. Code § DCF 201.03 Department powers and responsibilities {#sec-dcf-201.03 omnilex-key=us-wi-regs-official--agency-dcf--DCF 201.03}

(1) General. The department shall maintain oversight responsibility of local administration of the child care subsidy program by child care administrative agencies.

(2) Rate determination. Notwithstanding s. 49.155 (6), Stats., and s. DCF 201.06, the department may determine maximum rates under s. 49.155 (6d) (a) 3., Stats.

(3) Assistance to child care administrative agencies. The department shall provide information and technical assistance to child care administrative agencies regarding administration of the child care subsidy program.

(6) Incentive program for local fraud detection. The department shall provide an incentive payment as specified under s. DCF 201.044 to a local agency for identifying fraud in the child care subsidy program.

History

Cr. Register, February, 1997, No. 494, eff. 3-1-97; r. (4), am. (3), Register, November, 1999, No. 527, eff. 12-1-99; correction in (5) (b) made under s. 13.93 (2m) (b) 7., Stats., Register, November, 1999, No. 527; corrections in (title), (2), (5) (a) 1. and (b) made under s. 13.92 (4) (b) 6. and 7., Stats., Register November 2008 No. 635; EmR1015: emerg. am. (3), (5) (a) (intro.) and (b), eff. 5-17-10; CR 10-056: am. (3), (5) (a) (intro.) and (b) Register September 2010 No. 657, eff. 10-1-10; CR 14-030: cr. (6) Register August 2015 No. 716, eff. 9-1-15; correction in (6) made under s. 13.92 (4) (b) 7., Stats., Register August 2015 No. 716; EmR1709: emerg. r. and recr. (1), (2), am. (3), r. (5), am. (6), eff. 5-4-17; CR 17-033: r. and recr. (1), (2), am. (3), r. (5), am. (6) Register January 2018 No. 745, eff. 2-1-18; CR 18-088: am. (title) Register July 2019 No. 763, eff. 8-1-19.

Wis. Admin. Code § DCF 201.034 Child care administrative agencies {#sec-dcf-201.034 omnilex-key=us-wi-regs-official--agency-dcf--DCF 201.034}

(1) The department may contract with a child care administrative agency to administer, or to share in the administration of, the child care subsidy program in a particular county or geographical area.

(2) The duties of a child care administrative agency shall include all of the following:

(a) Responding to requests for information on the child care subsidy program.

(b) Ensuring that a parent’s eligibility for the subsidy program is accurately determined.

(d) Providing information to a parent about resources for identifying potential child care providers.

(e) Determining a parent’s copayment amount.

(f) Establishing an authorization for subsidized child care for an eligible parent.

(g) Ensuring program integrity, including determining and processing overpayments.

(h) Representing the agency in appeals under ch. 227, Stats.

(3) A child care administrative agency shall ensure that each new employee who performs an agency responsibility under sub. (2) (b), (c), (e), (f), or (g) completes the department’s initial training within the first 6 months of employment.

(4) A child care administrative agency may subcontract responsibilities with the approval of the department.

History

EmR1709: emerg. cr., eff. 5-4-17; CR 17-033: cr. Register January 2018 No. 745, eff. 2-1-18; CR 18-088: am. (2) (c) Register July 2019 No. 763, eff. 8-1-19.

Wis. Admin. Code § DCF 201.036 Eligibility {#sec-dcf-201.036 omnilex-key=us-wi-regs-official--agency-dcf--DCF 201.036}

(1) Request for assistance. Notwithstanding s. DCF 101.06 (2), a parent shall sign a request for assistance under the child care subsidy program.

Note: Section DCF 101.06 applies to applications for the Wisconsin Works program. Section 49.141 (1) (p), Stats., defines “Wisconsin Works” as “the assistance program for families with dependent children, administered under ss. 49.141 to 49.161, Stats.” This rule clarifies that s. DCF 101.06 applies only to the time-limited program that provides temporary cash assistance and case management services to low-income parents and pregnant women and not to the child care subsidy program.

(2) Agency determination. A child care administrative agency shall determine a parent’s eligibility for the child care subsidy program under s. 49.155 (1m), Stats., and this section.

(2e) Exclusions from limit on liquid assets. Financial resources that are not cash on hand or funds in checking, savings, money market, or credit union share accounts that can be withdrawn without incurring penalties are excluded from the definition of liquid assets for the purpose of the liquid asset limit under s. 49.155 (1m) (cm), Stats.

(2m) Limits on the value of an assistance group’s home and vehicles.

(a) Hardship exemptions. A parent who first applies for the child care subsidy program on or after January 1, 2019, is subject to the asset limits under s. 49.155 (1m) (cr), Stats., unless any of the following conditions are met:

The parent is the child’s foster parent.
The parent is a kinship care relative receiving payments under s. 48.57 (3m) or (3n), Stats., and the child was placed in the kinship care relative’s home under a court order.
The parent is the child’s guardian or interim caretaker under s. 48.623, Stats.
Ownership of an applicable asset is unclear to the child care administrative agency due to a recent death or change in the composition of the assistance group.
The assistance group is homeless.

(b) Agricultural land and buildings excluded from value of home.

In this paragraph, “agricultural land” includes buildings and improvements that are devoted primarily to agricultural use and the land necessary for their location and convenience.
In calculating the value of a home owned by the assistance group under s. 49.155 (1m) (cr) 1., Stats., the child care administrative agency shall exclude the value of any agricultural land owned by a member of the assistance group.

(2s) Address verification. Except when the parent is homeless or is registered with the address confidentiality program under s. 165.68, Stats., a parent shall submit verification of the parent’s place of residence to the child care administrative agency at the parent’s eligibility determination and redetermination.

(3m) Self-employment.

(a) Requirement to file taxes. Regardless of the amount of a parent’s net income, a parent whose approved activity is self-employment shall file personal and business tax returns with the internal revenue service if the parent’s gross income from the previous year included income from self-employment.

(b) Income information to agency. Except as provided in par. (c) 1., a parent is eligible for the child care subsidy program when the parent’s approved activity is self-employment only if the parent submits copies of the parent’s most recent personal and business tax returns to the child care administrative agency with the parent’s initial request for assistance and at each annual eligibility redetermination.

Prior to a parent filing a business tax return with the internal revenue service, the parent shall submit documentation of the parent’s actual or anticipated business income and expenses to the child care administrative agency on a form prescribed by the department at the times specified in par. (b). This subdivision only applies prior to the parent’s first deadline for filing a business tax return under par. (a), including any extension granted by the internal revenue service.
If a parent alleges that the business tax return required under par. (b) is not representative of the parent’s business income and expenses in the current tax year, the parent may submit documentation of business income and expenses subsequent to the information in the tax return on a form prescribed by the department, in addition to the tax returns required under par. (b). The child care administrative agency shall review the documentation and use the more recent information for eligibility and authorizations if it determines there has been a significant change in the parent’s business income and expenses.

Note: Form F-001007, Self-Employment Income Report, is available on the Department of Health Services website at https://www.dhs.wisconsin.gov/forms/f0/f00107.pdf.

(d) Additional verification.

A child care administrative agency may require a parent to provide additional verification of the parent’s business income and expenses within 7 days if the agency believes the documentation provided under par. (b) or (c) is questionable or may be falsified.
The child care administrative agency shall determine that the parent’s self-employment is not an approved activity if the parent does not submit the additional verification requested by the agency within 7 days or the information provided by the parent does not resolve the agency’s questions.

(e) Income threshold for ongoing business. A child care administrative agency shall determine that a parent’s self-employment is a hobby and not an approved activity if the parent does not have an annual net business income of at least $400 when the maximum numbers of hours in the parent’s authorization is determined under s. DCF 201.039 (8m) (b).

(3r) A parent shall be eligible for an approved activity search period or a temporary break regardless of whether the parent complied with the applicable reporting requirement under s. DCF 201.037 (1) (b) or (c).

(4) Annual redetermination of eligibility. A child care administrative agency shall redetermine a parent’s eligibility no sooner than the first of the month following the parent’s twelve-month eligibility period.

(5) Eligibility termination. During a parent’s 12-month eligibility period, the child care administrative agency shall terminate a parent’s eligibility if any of the following conditions are met:

(a) The gross income of the assistance group exceeds 85 percent of the state median income for a household of the same size.

(b) All of the following conditions are met:

The parent is not participating in an approved activity.
The parent is not taking a temporary break from an approved activity.
The parent is not in an approved activity search period.

(c) The child care administrative agency or the department determines that the parent committed an intentional program violation that invalidates a prior determination of the parent’s eligibility.

(e) The child or the parent identified in the automation system used in determining eligibility for the child care subsidy program moves out of the state.

History

EmR1709: emerg. cr., eff. 5-4-17; CR 17-033: cr. Register January 2018 No. 745, eff. 2-1-18; CR 18-088: am. (2), cr. (2e), (2m), (2s), r. (3), r. and recr. (4), cr. (5) Register July 2019 No. 763, eff. 8-1-19; EmR2110: emerg. cr. (3m), eff. 3-28-21; CR 21-052: cr. (3m) Register December 2021 No. 792, eff. 1-1-22; CR 26-011: cr. (3r), am. (4), r. (5) (d) Register July 2026 No. 847, eff. 8-1-26.

Wis. Admin. Code § DCF 201.037 Reporting requirements {#sec-dcf-201.037 omnilex-key=us-wi-regs-official--agency-dcf--DCF 201.037}

(1) Report within 10 days. A parent shall notify the child care administrative agency within 10 calendar days after the date of any of the following:

(a) The assistance group receives the first payment that includes an increase in the gross income of the assistance group if any of the following conditions are met:

The gross income of the assistance group increases from an amount that is at or below 200 percent of the federal poverty level to an amount that exceeds 85 percent of the state median income.
The gross income of the assistance group exceeds 200 percent of the federal poverty level and increases by $250 per month or more.

(b) The parent is no longer employed or enrolled in an approved activity.

(d) The child has not been in attendance at child care by the authorized provider within the previous 20 calendar days.

(e) The assistance group’s child care need has changed from full-time to part-time.

(f) The parent is participating in a different approved activity.

(g) The child care provider charges the parent a reduced price.

(h) A member of the assistance group gets married or divorced.

(i) The composition of the assistance group changes.

(j) The address or place of residence of the assistance group changes, including a change that is only temporary.

(k) The child or the parent identified in the automation system for determining eligibility for the child care subsidy program moves out of the state.

(2) New provider. A parent shall notify the child care administrative agency of the parent’s intent to change child care providers as specified under s. DCF 201.039 (12).

History

CR 18-088: cr. Register July 2019 No. 763, eff. 8-1-19; CR 26-011: r. and recr. (1) (a) 1., 2., am. (1) (c), r. and recr. (1) (e) Register July 2026 No. 847, eff. 8-1-26.

Wis. Admin. Code § DCF 201.038 Child care providers {#sec-dcf-201.038 omnilex-key=us-wi-regs-official--agency-dcf--DCF 201.038}

(1) Provider requirements. A child care administrative agency may authorize payment for child care services provided by a child care provider who meets all of the following conditions:

(a) Regulated child care. The child care provider is any of the following:

‘Licensed.’ A child care center licensed by the department under s. 48.65, Stats., and ch. DCF 250 or 251, or a day camp licensed by the department under s. 48.65, Stats., and ch. DCF 252.
‘Certified.’ A child care provider certified by a certification agency under s. 48.651, Stats., and ch. DCF 202. For purposes of this paragraph, a child care administrative agency may consider a provider to be certified beginning on the date the provider’s application for certification was received by the certification agency.
‘School board.’ A child care program established or contracted for by a school board under s. 120.13 (14), Stats.
‘Out-of-state provider.’ A child care provider licensed or regulated in Illinois, Minnesota, Iowa, or Michigan.

(b) Quality rating system. The child care provider is any of the following:

A child care provider that is participating in the department’s quality rating system under ss. 48.659 and 49.155 (6) (e), Stats., who has received a 2-star rating or above or whose quality rating is pending.
An in-home provider or an out-of-state provider that has a signed child care subsidy participation contract in effect.

Note: For information on the department’s quality rating system or a Wisconsin Shares participation contract, contact the local Youngstar office. Contact information is available at https://dcf.wisconsin.gov/youngstar/program/localoffice.

(1m) Provider submission requirements.

(a) A licensed child care provider shall submit the provider’s full-time and part-time prices to the child care administrative agency upon request.

(b) Each provider that charges a registration fee shall submit the amount of the fee to the department.

(2) Electronic fund transfer. A provider shall complete the procedures necessary to receive payments by electronic fund transfer.

(3) Parental choice. A parent may choose any child care provider that meets the conditions in sub. (1).

(4) Price and rate. A parent may choose a child care provider with a child care price that is higher than the applicable maximum rate and pay the difference between the provider’s child care price and the applicable maximum rate under s. DCF 201.06 in addition to any required copayment.

(5) Written payment agreement.

(a) A provider shall enter into a written payment agreement with each parent that receives a child care subsidy for child care by the provider.

(b) The written payment agreement between a provider and parent shall include all of the following:

The provider’s monthly or weekly child care price.
The provider’s days and hours of operation.
Any discounts or scholarships that are available to parents, and any discounts or scholarships that the parent is receiving.
The parent’s payment schedule.
The provider’s anticipated closure dates.
Payment expectations for the child’s anticipated and unanticipated absences and the provider’s closure dates.
Parent procedures for termination of a child’s enrollment.
Provider procedures for termination of a child’s enrollment.
Any fees that parents are required to pay.

(c) A provider shall retain a copy of each current written payment agreement at the location where child care is provided.

(d) A provider shall retain a copy of an expired written payment agreement for at least 3 years after the child’s last day of attendance. The agreement shall be kept at a location where it can be made available to the department within 24 hours.

Note: DCF-F-5224, Provider/Parent Child Care Payment Agreement, is a voluntary form that a provider may use to comply with this subsection.

(6) Nondiscrimination. A provider may not charge a parent that receives a child care subsidy a higher child care price than a private pay parent is charged for a similar amount of child care, unless the difference is due to the children being in different age ranges under s. DCF 201.06 (1) (b) or a child’s special needs under s. DCF 201.06 (7).

(7) Confidentiality. A provider may not do any of the following:

(a) Require a parent to disclose the balance in the parent’s child care subsidy account.

(b) Require a parent to provide the parents EBT card, account number, or personal identification number to the provider.

(d) Possess a parent’s subsidy account number or personal identification number.

(8) Inactive assistance group. A child care provider shall notify the local child care administrative agency if the child of a parent who receives a child care subsidy has not attended within the previous 30 days.

History

EmR1709: emerg. cr., eff. 5-4-17; CR 17-033: cr. Register January 2018 No. 745, eff. 2-1-18; EmR1801: emerg. cr. (5) to (8), eff. 3-11-18; CR 17-099: cr. (5) to (8) Register July 2018 No. 751, eff. 8-1-18;correction in (5) (d) made under s. 35.17, Stats., and correction in (6) made under s. 13.92 (4) (b) 7., Stats., Register July 2018 No. 751; CR 18-088: am. (8) (title) Register July 2019 No. 763, eff. 8-1-19; correction in (1) (c) made under s. 13.92 (4) (b) 7., Stats., Register March 2020 No. 771; EmR2314: cr. (1m), (5) (b) 9., eff. 10-1-23; CR 23-016: cr. (1m), (5) (b) 9. Register January 2024 No. 817, eff. 2-1-24; CR 26-011: r. (1) (c) Register July 2026 No. 847, eff. 8-1-26.

Wis. Admin. Code § DCF 201.039 Authorizations {#sec-dcf-201.039 omnilex-key=us-wi-regs-official--agency-dcf--DCF 201.039}

(1) Assessment of child care needs.

(a) Eligibility determination and redeterminations. Following a parent’s initial eligibility determination and annual redeterminations, the child care administrative agency shall do all of the following:

Assess the assistance group’s child care needs and determine the number of hours of child care for which the parent may receive a subsidy.
Issue a new authorization based on the assessment.

(b) Duration of authorizations. When a child care administrative agency issues a new authorization or the agency extends an existing authorization, the end date of the authorization shall be the earlier of the following:

The date of an expected change that may affect the assistance group’s child care needs during the parent’s 12-month eligibility period.
The parent’s next annual eligibility redetermination under s. DCF 201.036 (4).

(c) Required new assessment and authorization during a parent’s 12-month eligibility period. During a parent’s 12-month eligibility period, the child care administrative agency shall assess an assistance group’s child care needs and issue a new authorization based on the assessment at all of the following times:

When a 2nd parent or a minor who is the biological parent of the child becomes a member of the assistance group.
When the parent requests an authorization and one calendar month or more has passed since the parent’s previous authorization ended.
When the assistance group’s child care needs no longer align with the child care provider’s hours of operation.
When the parent changes child care providers.
When the school year begins for a school-aged child.
When a parent has reached the 24th month of the education time limit under s. 49.155 (1m) (a) 4. or 5., Stats.

(2) Parent. A parent shall inform the child care administrative agency of all of the following:

(a) The child care provider that will care for the child.

(2g) Continuity of care.

(a) A child care administrative agency shall take into consideration child learning and development and shall promote continuity of care when authorizing hours of child care. The child care administrative agency is not required to limit authorized hours based on a parent’s schedule of approved activities or the number of hours the parent spends in those activities.

(b) During a parent’s 12-month eligibility period, the child care administrative agency shall allow a parent to continue under the parent’s most recent authorization, extend the parent’s most recent authorization, or offer the parent an authorization for up to the same number of hours as the parent’s previous authorization when any of the following changes begin:

The parent is continuing to participate in an approved activity, but the number of hours that the assistance group needs child care is decreasing.
The parent is beginning a temporary break.
The parent is beginning an approved activity search period.

(2r) Excessive unexplained absences.

(a) If a child care provider notifies the child care administrative agency that a child has not attended child care within the previous 30 calendar days and the child’s parent has not provided an explanation to the child care provider, the child care administrative agency shall make multiple attempts to contact the parent to determine if the assistance group’s need for child care has changed.

(b) The child care administrative agency shall terminate the parent’s authorization if the agency’s efforts at contacting the parent are unsuccessful.

(3) Licensed provider prices. A child care administrative agency may refuse to authorize payment for child care services by a child care provider licensed under s. 48.65, Stats., if the provider refuses to submit documentation of the provider’s child care prices in response to an agency request.

(4) Assistance group with more than one parent.

(a) In an assistance group with more than one parent, each parent shall meet the eligibility criteria in s. 49.155 (1m), Stats., and s. DCF 201.036, unless the child care administrative agency verifies that a parent has a disability or health condition that makes that parent unable to participate in an approved activity and unable to provide the child care necessary for another parent to participate in an approved activity. The agency shall require the parent to provide documentation of the disability or health condition from a doctor, physician assistant, nurse practitioner, psychiatrist, or psychologist.

(b) When assessing an assistance group’s child care needs, the child care administrative agency shall also consider the availability of a minor in the assistance group who is the biological parent of the child, unless the child care administrative agency verifies that the minor is unable to provide the necessary child care under par. (a).

(5) Care provided in a child’s home. A child care administrative agency may authorize payment for child care services in a child’s home only if the child care provider is certified under s. 48.651, Stats., and any of the following apply:

(a) Care is provided to 3 or more children from the same assistance group.

(b) Other licensed or certified care is not available within a reasonable geographic area.

(c) Other licensed or certified care is not available during the hours when child care is needed, such as during second or third shift or weekend hours.

(d) The child has a special need and child care is best provided in the child’s home.

(6) No parents or household members. A child care administrative agency may not authorize payment for child care services by a provider who is a parent of the child or who resides with the child.

(7) Authorization criteria for a child care provider’s child.

(a) The department or a child care administrative agency may authorize payment for the care of a child whose parent is a child care provider only if the care will be provided by another child care provider and any of the following apply:

The care will allow the parent to participate in an approved activity under s. 49.155 (1m) (a), Stats., other than an activity related to child care.
The department or agency determines that assistance is appropriate because the child has a special need.
The parent is the child’s foster parent.
The parent is the child’s guardian or interim caretaker and is receiving subsidized guardianship payments under s. 48.623, Stats., for the care and maintenance of the child.
The parent is a kinship care relative receiving payments under s. 48.57 (3m) or (3n), Stats., and the child has been placed with the kinship care relative under a court order.
Both of the following apply:

a. The child’s biological parent is a dependent minor child under the age of 19 who attends high school or participates in a course of study meeting the standards established by the state superintendent of public instruction for the granting of a declaration of equivalency of high school graduation.

b. The dependent minor parent and the child reside with a person who is considered the child’s parent for the purposes of this chapter and who may be the dependent minor parent’s custodial parent, kinship care relative, foster parent, or guardian or interim caretaker receiving a payment under s. 48.623, Stats., for the care and maintenance of the dependent minor parent.

(b) If a parent who is a child care provider submits documentation of circumstances that meet the conditions of this subsection, the child care administrative agency shall consider the documentation to be an application for a waiver under s. 49.155 (3m) (d) 3., Stats.

(8) Employee of certified provider. A child care administrative agency may not authorize payment for child care services by a provider certified under s. 48.651, Stats., if the child’s parent or a person who resides with the child is employed by the provider at the same location.

(8m) Authorizations for a parent who is self-employed.

(a) New business.

For purposes of this subsection, a child care administrative agency shall consider a parent’s self-employment to be a new business for the 24 months following the date that the parent reports beginning the business, except as provided in subd. 4. The child care administrative agency may consider a parent’s self-employment to be a new business until the parent’s eligibility redetermination following the end of this 24-month period.
Notwithstanding subd. 1., if a parent switches to a different type of self-employment during the time period specified in subd. 1., the child care administrative agency shall consider the parent’s subsequent type of self-employment to be a new business only until the end of the time period for the initial business.
While a parent’s self-employment is a new business for purposes of this subsection, the child care administrative agency may authorize payment for the number of hours of child care that the parent states is needed, up to a maximum of 50 hours per week.
After the end of the time period specified in subd. 1. or 2., the child care administrative agency shall determine the maximum number of hours of child care that may be authorized for a parent who begins a new type of self-employment under par. (b).

(b) Ongoing business.

If a parent’s self-employment is not considered a new business under par. (a), the child care administrative agency shall determine the maximum number of hours of child care that may be authorized for the parent per week as follows:

a. Calculate the parent’s average monthly gross income from self-employment based on the parent’s annual gross business income as reported to the internal revenue service.

b. Divide the parent’s average monthly gross income from self-employment by the higher of the hourly minimum wage under state or federal law and divide that amount by 4.3 weeks.

After determining the maximum number of the hours that may be authorized, the child care administrative agency shall assess the assistance group’s child care needs under sub. (1).

(9) Maximum hours per day.

(a) A child care administrative agency shall authorize no more than 12 hours of child care per day per child, unless the child’s parent provides written documentation of work or transportation requirements that exceed 12 hours in a day.

(b) A child care administrative agency may authorize more than 12 hours, but not more than 16 hours, of child care per day for a child whose parent has provided written documentation of work or transportation requirements that exceed 12 hours in a day.

(10) Authorization notice.

(a) After a parent has provided all of the information required under sub. (2) and the child care administrative agency has completed the assessment of the assistance group’s child care needs, the agency shall issue a written authorization notice to the parent approving payment for child care through the subsidy program based on the specific provisions in the notice.

(b) An authorization notice shall specify the child who will receive the care, the child care provider, the location where the child care will be provided, the time period in which the child care will be provided, the number of hours of child care authorized per month, and the maximum subsidy payment amount per month.

(10m) Declaration of disaster. An authorization issued for child care for a specific provider at a specific location may remain effective at another provider that meets the conditions under s. DCF 201.038 (1) if the location identified in the authorization is within an area covered by a declaration of a state of emergency by the governor under s. 323.10, Stats., and is temporarily closed due to the state of emergency.

(11) Backdated start date.

(a) Authorization within 30 days after request for assistance or redetermination.

If an agency determines that a parent is eligible for the child care subsidy program and the parent submits the information required under sub. (2) to the agency within 30 days after the date that the parent submitted a request for assistance or the date of the parent’s eligibility redetermination, the agency may authorize payment beginning on the date that all of the following conditions are met:

a. The parent has submitted a request for assistance or has completed the annual redetermination of eligibility for the child care subsidy program.

b. The child is receiving child care services from a child care provider.

c. The provider is in compliance with the requirements of s. DCF 201.038 (1).

Notwithstanding subd. 1., if an agency determines that a parent is eligible for the subsidy program under s. 49.155 (1m), Stats., and the parent submits the information required under sub. (2) to the agency within 30 days after the date that the parent submitted a request for assistance or the date the parent completed the eligibility redetermination, the agency may authorize payment beginning on the later of the date of child placement or the first day of the month in which the parent submitted the request for assistance or the first day of the month of the parent’s eligibility redetermination if all of the following conditions are met:

a. The parent is a kinship care relative receiving payments under s. 48.57 (3m), Stats., and is providing care and maintenance for the child who is placed in the kinship care relative’s home pursuant to a court order.

b. The requirements in subd. 1. a. to c. are met on or before the last day of the month.

(b) Authorization more than 30 days after request for assistance or redetermination. If an agency determines that a parent is eligible for the subsidy program under s. 49.155 (1m), Stats., and the parent submits the information required under sub. (2) to the agency more than 30 days after the date that the parent submitted a request for assistance or the date the parent completed the eligibility redetermination, the agency may authorize payment for child care services beginning the first day of the month in which the parent submits the information required under sub. (2) if all of the conditions in par. (a) 1. a. to c. are met.

(12) New child care provider effective following month. If a parent receiving assistance under the child care subsidy program notifies the child care administrative agency of the parent’s intent to obtain child care services from a different child care provider, the agency may authorize payment for child care by the new provider that is effective the first day of the following month if the parent notifies the agency prior to the end of business hours on the last business day of a month.

(13) New provider effective in current month due to hardship. If a parent receiving assistance under the child care subsidy program notifies the child care administrative agency of the parent’s intent to obtain child care services from a different child care provider, the agency may authorize payment for child care by the new provider that is effective in the current month if the conditions in pars. (a) and (b) are met, as follows:

(a) The assistance group is experiencing circumstances that create an unforeseen hardship for the child to continue to attend the authorized provider for the remainder of the month due to any of the following:

Travel to the authorized provider has become unreasonable due to any of the following:

a. The assistance group relocated to escape domestic abuse.

b. The assistance group was evicted from their home.

c. The assistance group was formerly homeless and has moved into stable housing.

d. The location of the parent’s approved activity suddenly changed.

The authorized provider is unable to meet the assistance group’s need for child care after any of the following:

a. The schedule of the parent’s approved activity suddenly changed.

b. The death or unexpected departure of a parent.

c. The child is expelled due to behavior issues.

d. The child has a special need that is no longer met by the provider.

e. The child has a medical need that cannot be met by the provider.

The authorized provider is no longer available to provide child care services due to any of the following:

a. The provider suddenly stops providing child care services.

b. The provider’s regulatory approval has been suspended or revoked.

c. Damage to the provider’s facility has created an unsafe environment for children.

d. Regulatory restrictions on the number of children, hours of operation, or provider-to-child ratios.

There is alleged abuse or neglect of the child by the provider, and a complaint has been made to the appropriate certification or licensing agency.
Continuing to receive child care from the authorized provider threatens the safety of the parent or child.
Other circumstances outside the parent’s control as approved by the department.

(b) The parent notifies the agency of the applicable circumstances in par. (a) within 10 days after the circumstances begin.

(14) New provider effective in current month for sibling. A child care administrative agency may authorize payment for child care by a new provider effective in the current month for the sibling of a child whose circumstances qualify for a hardship authorization under sub. (13) if the sibling attends the same child care provider.

History

EmR1709: emerg. cr., eff. 5-4-17; CR 17-033: cr. Register January 2018 No. 745, eff. 2-1-18; correction in numbering (13) (intro.) made under s. 13.92 (4) (b) 7., Stats., correction in (13) (a) made under s. 35.17, Stats., Register January 2018 No. 745; CR 18-088: r. and recr. (1), am. (2) (c), cr. (2g), (2r), r. and recr. (4) (title), renum. (4) to (4) (a) and am., cr. (4) (b), am. (5) (a), (7) (title), r. and recr. (7) (a) 5., am. (7) (a) 6. a., (10) (a), cr. (10m), am. (11) (a) (title), 1. (intro.), a., 2. (intro.), a., (b), (13) (a) (intro.), 1. a., b., c., 2. (intro.) Register July 2019 No. 763, eff. 8-1-19; correction in (1) (c) 1. made under s. 35.17, Stats., Register July 2019 No. 763; correction in (1) (b) 2. made under s. 35.17, Stats., Register March 2020 No. 771; EmR2110: emerg. cr. (8m), eff. 3-28-21; CR 21-052: cr. (8m) Register December 2021 No. 792, eff. 1-1-22; CR 26-011: r. (2) (b), (2g) (c), (d) Register July 2026 No. 847, eff. 8-1-26.

Wis. Admin. Code § DCF 201.04 Payments and overpayments {#sec-dcf-201.04 omnilex-key=us-wi-regs-official--agency-dcf--DCF 201.04}

(1) General. The child care subsidy in a parent’s account may only be used to compensate a provider that is in compliance with s. DCF 201.038 (1) for child care authorized under s. DCF 201.039 for the child of a parent eligible under s. 49.155 (1m), Stats., and provided within the terms of the provider’s regulation and the parent’s authorization.

(2) Monthly subsidy payments for child care services.

(a) Amount. The amount of a monthly subsidy payment shall be based on the number of hours of child care that an agency authorizes and any of the following that are applicable:

For care by a provider licensed under s. 48.65, Stats., the lower of the provider’s child care price or the applicable maximum rate under s. DCF 201.06 (4), minus any copayment required under s. DCF 201.08.
For care by a provider certified under s. 48.651, Stats., the applicable rate under s. DCF 201.06 (5), minus any copayment required under s. DCF 201.08.
For care at a child care program established or contracted for by a school board under s. 120.13 (14), Stats., the applicable rate under s. DCF 201.06 (6), minus any copayment required under s. DCF 201.08.

(ag) Decreases in the monthly subsidy amount during the 12-month eligibility period. During a parent’s 12-month eligibility period, the amount of a monthly subsidy payment may not be decreased, unless any of the following conditions are met:

The parent voluntarily requests fewer hours of subsidized child care.
An assessment of the assistance group’s child care needs is required under s. DCF 201.039 (1) (c) and the child care administrative agency issues an authorization for fewer hours.
The parent agrees to fewer hours of subsidized child care under s. DCF 201.039 (2g) (b).
The parent’s copayment increases due to an increase in the income of the assistance group under s. DCF 201.08 (4) (c).

(ar) Reduction in provider quality rating. The reduction of a parent’s child care subsidy payment following a reduction in the quality rating of the parent’s provider from a 3-star rating under s. 49.155 (6) (e) 3. c., Stats., to a 2-star rating under s. 49.155 (6) (e) 3. b., Stats., may not become effective until the parent’s next eligibility redetermination.

(2h) Payment of registration fees.

(a) The department shall pay the lower of a provider’s registration fee for a child or the department’s maximum registration fee amount.

(b) The department shall set a schedule for maximum registration fee amounts in Table DCF 201.04. Maximum fee amounts shall fully cover mandatory registration fees charged by at least 75 percent of providers who respond to the survey conducted under s. DCF 201.06 (2).

Provider fee amounts in the most recent survey under s. DCF 201.06 (2).
Increased alignment with provider fee practices indicated in the survey under s. DCF 201.06 (2), including variation in fee amounts based on region of the state, children’s ages, or provider regulation type.
A change in the funding available for the child care subsidy program.
A change in costs due to a change in the consumer price index.
A change in economic factors affecting the cost of child care to the state, such as an increase in demand for the child care subsidy program.
Insufficient funding to meet the needs of all eligible families applying for or receiving a child care subsidy.
The purposes of the child care subsidy program.

(d) The department shall publish adjustments to the maximum registration fee schedule in the Wisconsin administrative register.

(e) The department shall pay no more than 2 registration fees per child in any 12-month period.

(2r) Payment procedures.

(a) Electronic. The department may issue all payments under subs. (2) and (2h) by electronic funds transfer.

(b) Expiration. A subsidy payment issued to a parent under sub. (2) or (2h) shall expire 90 days after the date that the department issues the payment.

(c) Billing and collecting. A parent’s child care provider is responsible for billing and collecting payment for child care services from the parent.

(3) Inactive account. The department may terminate a parent’s authorization and retract all child care subsidy funds in the parent’s account if the parent has not paid any of the child care subsidy to the provider within the previous 90 days.

(4) Intentional program violation. A child care administrative agency shall consider a parent’s attempt to sell access to the parent’s child care subsidy account to an unauthorized person to be an intentional program violation under s. 49.151 (2), Stats.

(5) Overpayment recovery and penalties.

(a) Parent overpayments.

A child care administrative agency or the department shall take all reasonable steps necessary to recover from a parent funds paid to a child care provider or to that parent when the parent was not eligible for that level of payment under the child care subsidy program and the overpayment benefited the parent by causing the parent to pay less for child care expenses than the parent otherwise would have been required to pay under the requirements of the child care subsidy program. Section DCF 101.23 shall apply to overpayment collection from a parent under this section.
An overpayment shall include excess child care funds paid when there was a change in family eligibility circumstances that was significant enough that it would have resulted in a smaller child care subsidy payment or ineligibility for the child care subsidy program due to any reason, including the following:

a. The parent failed to report a change in circumstances that may affect his or her eligibility within 10 days after the change.

b. The parent was absent from an approved activity under s. 49.155 (1m) (a), Stats., without good cause, while the child was in the care of the provider.

The child care administrative agency shall determine good cause under subd. 2. b. if the approved activity is employment. A parent’s absence from employment shall be considered good cause if the parent is using employer-approved sick time, personal time, or vacation time and the child is in care for no more than the hours authorized.

(b) Provider overpayments. A child care administrative agency or the department shall take all reasonable steps necessary to recoup or recover from a provider any overpayments made for child care services for which the provider was responsible or overpayments caused by administrative error that benefited the provider. A provider shall be responsible for an overpayment if any of the following conditions are met:

A provider was paid with child care funds for care provided at a location other than the location for which the authorization for care was issued, except for field trips.
A provider was paid with child care funds for care during time when the provider was in violation of the applicable provision regarding limits on the maximum number of children in care or the required provider-to-child ratios for children of various ages in s. DCF 202.08 (6), 250.05 (4), 251.05 (4), or 252.42 (3).
A provider was paid with child care funds for care during time when the provider was in violation of the terms of the provider’s license under s. DCF 250.04 (1), 251.04 (1), or 252.05 (3), including age of the children served by the center and hours, days, and months of operation of the center.
A provider misrepresented information that resulted in the provider receiving a higher star rating and a higher maximum rate than the provider was eligible to receive under the child care quality rating system in ss. 48.659 and 49.155 (6) (e), Stats.

(bm) Joint liability. A provider and parent shall be jointly and severally liable for an overpayment if the provider and parent collude to violate a requirement under this chapter or s. 49.155, Stats.

(c) Penalties for subsidy violations. If a child care provider submits false, misleading, or irregular information to a child care administrative agency or the department or if a child care provider fails to comply with the terms of the program in s. 49.155, Stats., or this chapter and the provider fails to provide to the satisfaction of the department an explanation for the noncompliance, the child care administrative agency or department may take one or more of the following steps:

Refuse to issue new child care authorizations to a provider for a period of time not to exceed 6 months.
Revoke existing child care authorizations to the provider.
Refuse to issue payments to the provider.
Recoup overpayments under par. (e) or (ed).
Impose a forfeiture on the provider under par. (cg).

(cg) Forfeitures. A child care administrative agency or the department may impose a forfeiture of $100 to $10,000 on a child care provider if the provider intentionally or egregiously violates a provision in this chapter or s. 49.155, Stats. In determining the amount of the forfeiture, the child care administrative agency or department shall identify specific dates relating to a specific child for any violations and shall consider the following factors:

Seriousness of the violations.
Extent of the violations.
History of prior violations.
Prior imposition of penalties.
Provider willingness to obey program rules.
The size and type of child care provider.

(cr) Licensing or certification violations. If the department or a certification agency has given notice to a provider that the provider is in violation of applicable licensing or certification rules under ch. DCF 202, 250, 251, or 252 and the provider has not corrected the violation, the department or child care administrative agency may refuse to issue new child care authorizations, revoke existing child care authorizations, or refuse to issue payments until the provider has corrected the violation and demonstrated sufficient controls to ensure that the violation or comparable violations are unlikely to occur again.

(d) Notice. If the department or a child care administrative agency refuses to issue new authorizations, revokes existing authorizations, or refuses to issue payments to a provider under par. (c) or (cr), the child care administrative agency or the agency shall provide written notice to the parent and provider as soon as possible before the effective date of the penalty.

(e) Recoup from funds payable to continuing provider. If a provider has not repaid an overpayment, the child care administrative agency or department may recover the overpayment by recouping from current or future funds under its control that are payable to the provider of no more than 50 percent of each payment if the provider is expected to continue to care for children whose care is subsidized under s. 49.155, Stats.

(ed) Recoupment from funds payable to provider who is not continuing. If a provider or former provider has not repaid an overpayment and the provider or former provider is not expected to continue to care for children whose care is subsidized under s. 49.155, Stats., the child care administrative agency or department may recover the overpayment by recouping 100 percent of funds under its control that are payable to the provider or former provider.

(eh) Warrant and execution under section 49.195 (3m), Stats.

‘Creation of lien.’

a. If the department does not receive a debtor’s payment on a debt for repayment of an overpayment by the due date 3 times over the life of a debt, the debt shall be considered delinquent. If a debt is delinquent and no review or appeal rights under s. DCF 201.07 are pending and the time for requesting a review has expired, the department may issue a warrant directed to the clerk of circuit court of any county.

b. The clerk of circuit court shall enter in the judgment and lien docket the name of the debtor named in the warrant, the amount for which the warrant is issued, and the date on which the clerk entered the information.

c. The department shall pay the fees required under s. 814.61 (5), Stats., for entering the warrant and shall collect the fees from the debtor named in the warrant when satisfaction or release is presented for entry.

d. A warrant issued under subd. 2. b. shall be considered in all respects a final judgment constituting a perfected lien upon the debtor’s right, title, and interest in all real and personal property located in the county in which the warrant is entered.

e. The department shall provide the debtor with notice and an opportunity for a hearing under ch. 227, Stats., when a warrant has been issued. The debtor may request a hearing under ch. 227, Stats., within 20 days from the date on the notice. The appeal shall be limited to questions of prior payment of the debt that the department is proceeding against and mistaken identity of the debtor. The department may not withdraw a warrant based on a request for hearing.

‘Execution of the warrant.’

a. After the warrant is issued and no review or appeal rights under subd. 1. e. are pending and the time for requesting a review has expired, the department may file an execution with the clerk of circuit court for filing with the sheriff of the county, commanding the sheriff to execute the warrant and sell sufficient real and personal property of the debtor to pay the amount stated in the warrant in the same manner as upon an execution against property issued upon the judgment of a court of record, and to return the warrant to the department and pay to it the money collected by virtue of the warrant within 90 days after receipt of the warrant. The execution may not command the sheriff to levy upon or sell any property that is exempt from execution under ss. 815.18 (3) and 815.20, Stats.

b. The department shall provide the debtor with notice and an opportunity for a hearing under ch. 227, Stats., before property is seized. The debtor may request a hearing under ch. 227, Stats., within 20 days from the date on the notice. The appeal shall be limited to questions of prior payment of the debt that the department is proceeding against and mistaken identity of the debtor. The department may not cease enforcement or seizure based on a request for hearing.

c. The department shall provide the debtor with notice and an opportunity for a hearing under ch. 227, Stats., before seized property is sold. The debtor may request a hearing under ch. 227, Stats., within 20 days from the date on the notice. The appeal shall be limited to questions of prior payment of the debt that the department is proceeding against and mistaken identity of the debtor. If a hearing is requested, the department shall notify the sheriff that seized property may not be sold before the hearing decision is issued or the hearing request is withdrawn.

‘Satisfaction of the warrant.’ When the amount set forth in the warrant and all costs due the department have been paid to it, the department shall issue a satisfaction of the warrant and file it with the clerk of circuit court. The clerk of circuit court shall immediately enter a satisfaction of the judgment on the judgment and lien docket. The department shall send a copy of the satisfaction to the person named in the warrant.

(ep) Levy under section 49.195 (3n), Stats.

‘Definition.’ In this paragraph, “personal property” means all tangible and intangible property and rights to such property that is not real estate, including compensation paid or payable for personal services, whether denominated as wages, salary, commission, bonus or otherwise; periodic payments received pursuant to a pension or retirement program; rents; proceeds of insurance; contract payments; stock and bonds; and accounts in financial institutions.
‘Notice prior to levy.’

a. If the department does not receive a debtor’s payment on a debt for repayment of an overpayment by the due date 3 times over the life of a debt, the debt shall be considered delinquent. If a debt is delinquent and no review or appeal rights under s. DCF 201.07 are pending and the time for requesting a review has expired, the department shall give notice to the debtor that the department may pursue legal action for collection of the debt.

b. The department shall make the demand for payment and give notice to the debtor at least 10 days prior to the levy, personally or by any type of mail service that requires a signature of acceptance, at the address of the debtor as it appears on the records of the department. The demand for payment and notice shall include a statement of the amount of the debt, including interest and penalties, and the name of the debtor who is liable for the debt.

c. The debtor’s refusal or failure to accept or receive the notice does not prevent the department from making the levy.

d. Notice prior to levy is not required for a subsequent levy on any debt of the same debtor within one year of the date of service of the original levy.

‘Service of levy and review when property levied.’

a. The department may collect the debt and the expenses of the levy by levy upon any personal property belonging to the debtor.

b. The department shall serve the levy upon the debtor and any 3rd party in possession of or obligated with respect to property or rights to property that is subject to levy by personal service or by any type of mail service that requires a signature of acceptance as provided in s. 49.195 (3n) (m), Stats. The debtor or 3rd party’s failure to accept or receive service of the levy does not invalidate the levy.

c. Any debtor who is subject to a levy proceeding made by the department has the right to appeal the levy proceeding under ch. 227, Stats., within 20 days from the date on the service of levy. The appeal shall be limited to questions of prior payment of the debt that the department is proceeding against and mistaken identity of the debtor. The levy is not stayed pending an appeal where property is secured through the levy.

‘Third-party response.’

a. Within 20 days from the service of the levy upon a 3rd party, the 3rd party shall file an answer with the department stating whether the 3rd party is in possession of or obligated with respect to property or rights to property of the debtor, including a description of the property or the rights to property and the nature and dollar amount of any such obligation.

b. Any person in possession of or obligated with respect to personal property or rights to personal property that is subject to levy and upon which a levy has been made shall, upon demand of the department, surrender the personal property or rights or discharge the obligation to the department, except that part of the personal property or rights which is, at the time of the demand, subject to any prior attachment or execution under any judicial process.

‘Appeal rights before surrendered property is sold.’ If levied personal property that has been surrendered to the department is not a liquid asset in the form of cash, check, or an equivalent that can be applied to the debt without a sale of the asset, the department shall provide the debtor with notice and an opportunity for a hearing under ch. 227, Stats., before surrendered property is sold. The debtor may request a hearing under ch. 227, Stats., within 20 days from the date on the notice. The appeal shall be limited to questions of prior payment of the debt that the department is proceeding against and mistaken identity of the debtor. If a hearing is requested, surrendered property may not be sold before the hearing decision is issued or the hearing request is withdrawn.
‘Exemption rights.’

a. The debtor is entitled to an exemption from levy of the greater of a subsistence allowance of 75 percent of the debtor’s disposable earnings then due and owing, an amount equal to 30 times the federal minimum hourly wage for each full week of the debtor’s pay period, an amount equal to 60 times the federal minimum hourly wage for a two-week pay period, or an amount equal to 130 times the federal minimum hourly wage for a monthly pay period.

b. The first $1,000 of an account in a depository institution is exempt from any levy to recover an overpayment.

‘Proceeds.’

a. The department shall apply all money obtained under this paragraph first against the expenses of the proceedings and then against the liability for which the levy was made and any other liability owed to the department by the debtor.

b. Whenever the value of any personal property that has been levied upon under this paragraph is not sufficient to satisfy the claim of the department, the department may levy upon any additional personal property of the debtor until the debt and expenses of the levy are fully paid.

c. The department may refund or credit any amount left after the applications under subd. 7. a., upon submission of a claim for that amount and satisfactory proof of the claim, to the person entitled to that amount.

(et) Threshold for warrant and execution and levy. The minimum amount that must be due before collection proceedings under par. (eh) or (ep) may be commenced is $300.

(f) Parent not liable. If the department refuses to issue payment based on a provider’s violation of a requirement in this chapter, the provider may not hold the parent liable for payment other than the copayment and any amount that the parent agreed to above the department’s maximum reimbursement rate if the parent relied on an approved authorization for care for his or her child to receive care from the provider.

(g) Waiver. The department may waive recovery of an overpayment under this subsection if the department has made reasonable efforts to recover the overpayment and determines it is no longer cost effective to continue overpayment recovery efforts.

(6) Monitoring of child care programs. The department or the child care administrative agency may take one or more of the following steps to monitor a provider’s compliance with program requirements:

(a) Require the provider to submit documentation signed by the parent of the actual times that the child was dropped off to and picked up from the child care provider.

(b) Contact the parents to determine the child’s actual attendance hours.

(c) Require the provider to submit attendance and payment records for families that pay for child care costs out of their own personal funds.

(d) Require the provider to have attendance records available at the child care site whenever the department or child care administrative agency requests to review them.

(e) Make on-site inspections to monitor provision of authorized services.

History

Cr. Register, February, 1997, No. 494, eff. 3-1-97; cr. (1) (i), Register, October, 1997, No. 502, eff. 11-1-97; am. (1) (intro.), (3) (a), 1., 2. and (b) 1., (4) (a), (b) 1. and a., r. (1) (a) to (i), (2), (3) (b) 3., 4. and (3) (d), r. and recr., (4) (e), cr. (7) (c) and (d), Register, November, 1999, No. 527, eff. 12-1-99; am. (1), Register, January, 2001, No. 541, eff. 2-1-01; CR 02-104: r. (1) and (4) (a), renum. (3), (4) (b) to (d), and (5) to (7) to be (1), (2) (a), (c) and (d), (3), (4) and (5) and am. (1) (a) (intro.) and 2., (b) (intro.) and (c), (2) (a) 1. c., (c) and (d), (4) and (5) (c) (intro.), also renum. (4) (e) to be DWD 56.045 and am., cr. (2) (b), (d) 1. b., (e) to (i), (5) (e), (f) and (6), r. and recr. (5) (c) 1. to 3., am. (5) (d) Register March 2003 No. 567, eff. 4-1-03; CR 04-123: cr. (2m), (5) (a) 2. and 3., am. (3), (5) (b), (e) and (f), renum. (5) (a) to be (5) (a) 1. and am., Register July 2005 No. 595, eff. 8-1-05; CR 06-044: (1) (b) 3. and 4. renum. from DWD 55.03 (2) (c) and (d), Register November 2006 No. 611, eff. 12-1-06; emerg. am. (1) (a) 1., (2) (a) 1. b. and (5) (c), r. and recr. (2) (d), eff. 4-1-07; corrections in (1) (a) 1., 2., (b) 2. and (5) (a) 1. made under s. 13.92 (4) (b) 6. and 7., Stats., Register November 2008 No. 635; EmR1015: emerg. revisions as in CR 10-056, eff. 5-17-10; CR 10-056: am. (1) (a) 2., (2) (a) 1. b. and (c), renum. (2) (b), (d), (e) to (h) to be (2g) (d), (a), (e) to (h), cr. (2g) (title), (b) and (c), Register September 2010 No. 657, eff. 10-1-10; EmR1027: emerg. am. (5) (title), (b), (c) 3., (d), (e), (f), cr. (5) (a) (title), (b) 3., 4., 5., (bm), (c) 4., 5., (cg), (cr), (ed), (eh), (ep), (et), (g), r. and recr. (5) (b) 1., 2., (c) (intro.), eff. 7-9-10; CR 10-086: am. (5) (title), (b), (c) 3., (d), (e), (f), cr. (5) (a) (title), (b) 3., 4., 5., (bm), (c) 4., 5., (cg), (cr), (ed), (eh), (ep), (et), (g), r. and recr. (5) (b) 1., 2., (c) (intro.) Register December 2010 No. 660, eff. 1-1-11; EmR1216: emerg. cr. (2j), eff. 11-15-12; CR 12-048: cr. (2j) Register July 2013 No. 691, eff. 8-1-13; EmR1629: emerg. am. (3) (b), eff. 9-30-16; CR 16-063: r. and recr. (3) (b) Register June 2017 No. 738, eff. 7-1-17; EmR1709: emerg. r. and recr. (title), r. (1), r. and recr. (2), r. (2g) (title), (a), (d), (e), (g), am. (2g) (c) 1. (intro.), am. (h), r. (2j), (2m), (3), (4), (5) (title), (a) 1., 2. (intro.), (b) 1. to 4., r. (5) (b) 5., (6) (title), eff. 5-4-17; CR 17-033: r. and recr. (title), r. (1), r. and recr. (2), (2g) (title), r. (2g) (a) to (g), renum. (2g) (h) to (2g) and am., r. (2j), (2m), (3), (4), am. (5) (a) 1., 2. (intro.), 3., r. (5) (b) 1., am. (5) (b) 2. to 4., r. (5) (b) 5. Register January 2018 No. 745, eff. 2-1-18; EmR1801: emerg. cr. (1), (3), (4), (5) (b) 5., eff. 3-11-18; CR 17-099: cr. (1), (3), (4), (5) (b) 5. Register July 2018 No. 751, eff. 8-1-18; CR 18-088: cr. (2) (ag), (ar), r. (2g) Register July 2019 No. 763, eff. 8-1-19; EmR2314: r. and recr. (2) (title), renum. (2) (b) to (d) to be (2r) (a) to (c) and, as renumbered, am. (2r) (a), (b), cr. (2h), Table 201.04, (2r) (title), eff. 10-1-23; CR 23-016: r. and recr. (2) (title), am. (ag) (intro.), renum. (2) (b) to (d) to be (2r) (a) to (c) and, as renumbered am. (2r) (a), (b), cr. (2h), Table 201.04, (2r) (title) Register January 2024 No. 817, eff. 2-1-24; CR 26-011: am. (5) (c) 3. Register July 2026 No. 847, eff. 8-1-26; correction in (2) (ag) 4. made under s. 13.92 (4) (b) 7., Stats., Register July 2026 No. 847.

Wis. Admin. Code § DCF 201.044 Incentive program for local fraud detection {#sec-dcf-201.044 omnilex-key=us-wi-regs-official--agency-dcf--DCF 201.044}

(1) Definition. In this section, “local agency” means a child care administrative agency, excluding an agency in a county having a population of 500,000 or more.

(2) Identifying fraud. The department shall provide an incentive payment to a local agency for identifying fraud in the child care subsidy program on the part of a child care provider if all of the following apply:

(a) The local agency investigates the child care provider by doing any of the following:

Conducting site visits.
Collecting and reviewing the provider’s attendance and billing records.
Interviewing persons of interest.
Gathering supporting case information.

(b) The local agency’s investigation finds that the child care provider intentionally submitted false, misleading, or irregular information to the department or failed to comply with the terms of the child care subsidy program and failed to provide to the satisfaction of the agency or the department an explanation for the noncompliance.

(c) The local agency calculates and establishes the amount of the overpayment made to the provider as a result of the provider’s actions under par. (b).

(d) The local agency’s actions in pars. (a) to (c) result in the department, in conjunction with the local agency, withholding payments to be made to the child care provider under s. 49.155 (7m) (a) 2., Stats.

(e) The withholding of payments under par. (d) is upheld in the final review under s. DCF 201.07 or the provider does not request a review or appeal.

(f) If directed by the department, the local agency requests the district attorney to consider criminal prosecution of the child care provider.

(3) Payment amount.

(a) The department shall determine the amount of an incentive payment earned by a local agency under sub. (2) by multiplying all of the following amounts:

The statewide average monthly subsidy payment per child in the preceding fiscal year.
The average monthly number of children for whom payment was authorized to the provider under s. DCF 201.039 in the 12 months before the local agency or the department withheld payments under sub. (2) (d). If payment was not authorized to the provider for all of the preceding 12 months, the average monthly number of children for the number of months that payment was authorized.
1.5 months.

(b) An incentive payment earned by a local agency for identifying fraud in the child care subsidy program under sub. (2) by a single child care provider may not exceed $25,000.

(c) A local agency may earn more than one incentive payment per year if the local agency identifies fraud in the child care subsidy program under sub. (2) by more than one child care provider in that year.

(4) Use of incentive funds. A local agency that has earned an incentive payment may request that the department distribute the funds for any of the following purposes:

(a) The local agency’s child care fraud contract with the department for the following year.

(b) The local agency’s current child care fraud contract with the department if the request is made in the first half of the contract term.

Note: Contracts with counties are based on a calendar year and contracts with tribes are based on a federal fiscal year.

(c) Any purpose that is consistent with the state plan under 42 USC 602 for the use of federal funds under the Temporary Assistance to Need Families program under 42 USC 601 et seq for the time period when the funding is distributed if the state plan has been approved by the federal administration for children and families.

Note: The currently-approved state plan is available on the department’s website, http://dcf.wisconsin.gov, by clicking on About Us/Department Programs/Temporary Assistance to Needy Families.

(d) If pars. (a) to (c) do not apply, any purpose for which funds under the Temporary Assistance for Needy Families program may be used under 42 USC 601 et seq if the federal administration for children and families approves an amendment to the state plan under 42 USC 602 that allows that purpose.

History

CR 14-030: cr. Register August 2015 No. 716, eff. 9-1-15; renum. from DCF 201.41 under s. 13.92 (4) (b) 1., Stats., Register August 2015 No. 716; EmR1709: emerg. renum. DCF 201.035 to DCF 201.044 eff. 5-4-17; CR 17-033: renum. DCF 201.035 to DCF 201.044 Register January 2018 No. 745, eff. 2-1-18; CR 26-011: am. (3) (a) 2. Register July 2026 No. 847, eff. 8-1-26.

Wis. Admin. Code § DCF 201.06 Establishing maximum rates {#sec-dcf-201.06 omnilex-key=us-wi-regs-official--agency-dcf--DCF 201.06}

(1) Rate grouping.

(a) County. The department shall set maximum rates for child care services in each county within the state. A tribal area shall be included in the county in which it is geographically located.

(b) Age groups. Within each county, the department shall set maximum rates for the following age groups:

Infants and toddlers under 2 years of age.
Children 2 years of age and over, but under age 4.
Children 4 years of age and over, but under age 6.
Children ages 6 to 13 years.

(c) Types of providers. Within each county and within each age group, the department shall set maximum rates for child care services by each of the following types of providers:

Group child care centers licensed under s. 48.65, Stats., and ch. DCF 251 and day camps licensed under s. 48.65, Stats., and ch. DCF 252.
Family child care centers licensed under s. 48.65, Stats., and ch. DCF 250.
Level I regular certified child care providers under s. 48.651 (1) (a), Stats., and ch. DCF 202.
Level II provisional certified child care providers under s. 48.651 (1) (b), Stats., and ch. DCF 202.

(2) Survey of licensed centers and day camps.

(a) The department shall annually contact all licensed group child care centers, family child care centers, and day camps to obtain their child care prices and registration fee amounts.

(b) The department shall include only child care prices and registration fee amounts submitted in writing in the survey results.

(3) Maximum rates for licensed centers and day camps.

(a) Licensed group child care centers and day camps. The department shall set maximum rates so that at least 75 percent of the slots in a county at group child care centers licensed under ch. DCF 251 and day camps licensed under ch. DCF 252 may be purchased at or below the maximum rate. The number of slots attributed to a group child care center or day camp shall be equal to the licensed capacity.

(b) Licensed family child care centers. The department shall set maximum rates so that at least 75 percent of the slots in a county at family child care centers licensed under ch. DCF 250 may be purchased at or below the maximum rate. The number of slots attributed to a family child care center shall be equal to the center’s licensed capacity.

(c) Exclusions. In determining maximum rates for licensed group child care centers, licensed family child care centers, and licensed day camps under pars. (a) and (b), the department may exclude the child care prices of a group child care center, family child care center, or day camp at which any of the following apply:

The center or day camp operates less than 5 days a week or 5 hours a day.
The center or day camp has not established full-time weekly or full-time monthly child care prices.
The department issues child care subsidy payments for the care of more than 75 percent of the children attending the center or day camp.

(d) Sibling rates. The department may not establish reduced maximum rates for siblings.

(4) Rates for certified child care providers. The department shall set rates for certified child care providers under s. 49.155 (6) (b) and (c), Stats., as follows:

(c) Rates for Level I regular certified providers under s. 48.651 (1) (a), Stats., may not exceed 90 percent of the rates established under sub. (3) (b).

(d) Rates for Level II provisional certified providers under s. 48.651 (1) (b), Stats., may not exceed 90 percent of the rates established under sub. (3) (b).

(5) Rates for school board programs. The rates for care at a child care program established or contracted for by a school board under s. 120.13 (14), Stats., shall be the same as the applicable rate for a licensed group child care center under sub. (3) (a).

(6) Rates for out-of-state providers. The maximum rate for an out-of-state provider shall be the applicable maximum rate in the county in which the parent resides or the out-of-state provider’s actual rate, whichever is lower.

(7) Special need. On a case-by-case basis, a child care administrative agency may set a rate higher than the rate established under this section for the care of a child with a special need.

History

Cr. Register, February, 1997, No. 494, eff. 3-1-97; am. (1) (a) 1. and (2) (c), Register, November, 1999, No. 527, eff. 12-1-99; corrections in (3) (b) made under s. 13.93 (2m) (b) 7., Stats., Register, January, 2001, No. 541; CR 02-104: am. (1) (b), (c) 2., (2) (a) 2., (b) 1. and (d), cr. (1) (c) 3. and 4., Register March 2003 No. 567, eff. 4-1-03; emerg. am. (1) (a) 1., cr. (1) (a) 1m. eff. 1-22-07; CR 07-030: am. (1) (a) 1., cr. (1) (a) 1m. Register October 2007 No. 622, eff. 11-1-07; emerg. am. (1) (a) 1., cr. (1) (a) 1r., eff. 1-1-08; CR 08-009: am. (1) (a) 1., cr. (1) (a) 1r. Register July 2008 No. 631, eff. 8-1-08; correction in (3) (b) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; EmR1015: emerg. revisions as in CR 10-056, eff. 5-17-10; CR 10-056: am. (title), (1) (b), (c) (intro.), (2) (a) (intro.), 2., (b) (intro.), 1., (d), (e) and (4) Register September 2010 No. 657, eff. 10-1-10; 2015 Wis. Act 132: r. (3) (b) Register February 2016 No. 722, eff. 3-1-16; EmR1709: emerg. r. and recr., eff. 5-4-17; CR 17-033: r. and recr. Register January 2018 No. 745, eff. 2-1-18; EmR1801: emerg. am. (3) (c) 2., eff. 3-11-18; CR 17-099: am. (3) (c) 2. Register July 2018 No. 751, eff. 8-1-18: EmR2314: am. (2) (a), (b), renum. (4) (a) (intro.) to (4) (intro.), r. (4) (b), eff. 10-1-23; CR 23-016: am. (2) (a), (b), renum. (4) (a) (intro.) to (4) (intro.), r. (4) (a) (title), (b) Register January 2024 No. 817, eff. 2-1-24; renum. (4) (a) 1., 2. to (4) (c), (d) under s. 13.92 (4) (b) 1., Stats., Register January 2024 No. 817; CR 26-011: am. (4) (c), (d) Register July 2026 No. 847, eff. 8-1-26.

Wis. Admin. Code § DCF 201.065 Parent appeal rights {#sec-dcf-201.065 omnilex-key=us-wi-regs-official--agency-dcf--DCF 201.065}

(1) Right to appeal.

(a) General. A parent applying for or receiving payments under the child care subsidy program may appeal any of the following actions by the department or a child care administrative agency:

Denial of an application in whole or in part.
Failure to act on an application within 30 days.
Reduction, suspension, or termination of child care subsidy payments.
The determination of the amount and initial eligibility date of receipt of child care subsidy payments.
Denial of a request for a hardship authorization under s. DCF 201.039 (13) or (14).

(b) Overpayments. A parent receiving child care subsidy payments or an individual who formerly received child care subsidy payments may appeal the determination or collection of an overpayment, including the amount of the overpayment, the determination of the amount of the overpayment still owed, warrant and execution under s. DCF 101.23 (9), levy under s. DCF 101.23 (10), or a decision under s. 49.85, Stats., to recover the overpayment by means of certification to the Wisconsin department of revenue. The parent may make only one request for appeal of the basis for the overpayment claim. Any subsequent appeals shall be limited to questions of prior payment of the debt that the department or agency is proceeding against or mistaken identity of the debtor.

(c) Intentional program violations. A parent receiving child care subsidy payments or an individual who formerly received child care subsidy payments may appeal a determination by the department or an agency that the parent or individual has committed an intentional program violation under s. 49.151 (2), Stats.

(d) No appeal of payment expiration. A parent may not appeal the expiration of a subsidy payment under s. DCF 201.04 (2r) (b).

(2) Procedure.

(a) A request for a hearing may be made by an individual who has a right to appeal under sub. (1) or someone with legal authority to act on their behalf.

(b)

A request for a hearing of an action under sub. (1) (a) or (b) shall be in writing and received at the address specified on the notice within 45 days after the date printed on the notice.
A request for a hearing of a determination under sub. (1) (c) shall be in writing and received at the address specified on the notice within 30 days after the date printed on the notice.

(c) Upon receipt of a timely request for hearing, the department or the division of hearings and appeals under s. 227.43, Stats., shall give the individual a hearing as follows:

A fair hearing under ch. 227, Stats., and ch. HA 3 for an action under sub. (1) (a) or (b).
A contested case hearing under ch. 227, Stats., and ch. HA 1 for an action under sub. (1) (c).

History

CR 17-033: cr. Register January 2018 No. 745, eff. 2-1-18; correction in (2) (c) 1. and 2. made under s. 35.17, Stats., Register January 2018 No. 745; correction in (1) (d) made under s. 13.92 (4) (b) 7., Register January 2024 No. 817.

Wis. Admin. Code § DCF 201.07 Provider appeal rights {#sec-dcf-201.07 omnilex-key=us-wi-regs-official--agency-dcf--DCF 201.07}

(1) A child care provider who contests any of the following actions may request a departmental review:

(a) Refusal to issue new child care authorizations.

(b) Revocation of existing child care authorizations.

(d) Determination of the provider’s payment amount.

(e) Collection of an overpayment, including the determination of the amount of the overpayment, the determination of the amount of the overpayment still owed, warrant and execution under s. DCF 201.04 (5) (eh), levy under s. DCF 201.04 (5) (ep), or a decision under s. 49.85, Stats., to recover the overpayment by means of certification to the Wisconsin department of revenue. The provider may make only one request for appeal of the basis for the overpayment claim. Any subsequent appeals shall be limited to questions of prior payment of the debt that the department or agency is proceeding against or mistaken identity of the debtor.

(f) Issuance of a forfeiture.

(2) A request for a departmental review may be made by a child care provider or someone with legal authority to act on their behalf.

(3) A request for a departmental review shall be in writing and received at the address provided on the notice within 30 days from the date printed on the notice of action under sub. (1).

(4) Upon receipt of a timely request for departmental review, the department shall give the child care provider a contested case hearing under ch. 227, Stats., and ch. HA 1.

(5) The department may contract with the division of hearings and appeals to conduct the review.

History

CR 02-104: cr. Register March 2003 No. 567, eff. 4-1-03; EmR1027: emerg. am. (1) (e), cr. (1) (f), eff. 7-9-10; CR 10-086: am. (1) (e), cr. (1) (f) Register December 2010 No. 660, eff. 1-1-11; correction in (1) (e) made under s. 13.92 (4) (b) 7., Stats., Register December 2010 No. 660; CR 17-033: am. (4) Register January 2018 No. 745, eff. 2-1-18; correction in (4) made under s. 35.17, Stats., Register January 2018 No. 745.

Wis. Admin. Code § DCF 201.08 Parent copayments {#sec-dcf-201.08 omnilex-key=us-wi-regs-official--agency-dcf--DCF 201.08}

(1) Schedule.

(a) The department shall set a schedule for parent copayment responsibilities for all parents who receive a child care subsidy, except as provided under sub. (2). Copayment amounts will be based on the size of the assistance group and the assistance group’s gross income. The copayment schedule is provided in Table DCF 201.08.

(b) A parent’s share of payment may be more than the copayment amount determined using the copayment schedule in Table DCF 201.08. If a provider’s price is higher than the department’s maximum rate, the parent’s share of payment will be the difference between the provider’s price and the subsidy payment, plus any additional fees the provider charges.

(2) Exceptions.

(am) Notwithstanding sub. (1), no parent may be assessed any copayment responsibility if any of the following conditions are met:

The parent is the child’s foster parent.
The parent is the child’s subsidized guardian or interim caretaker under s. 48.623, Stats.
The parent is a kinship care relative receiving payments under s. 48.57 (3m) or (3n), Stats., and the child was placed in the kinship care relative’s home under a court order.
The biological parent of the child is a minor attending school subject to the requirements of s. 49.26, Stats.

Note: Section 49.26 (1) (e), Stats., prohibits copayment responsibility for a minor teen parent who is attending school subject to the Learnfare school attendance requirement.

The parent is enrolled in Wisconsin Works under s. 49.147 (2) to (5), 49.1475, 49.148 (1m) (a), or 49.159, Stats.
The gross income of the assistance group is at or below 100 percent of the federal poverty level.

(bm) A parent shall be assessed the minimum copayment amount for the number of children in the assistance group under Table DCF 201.08 if any of the following conditions are met:

The parent is the kinship care relative of a child that was not placed in the relative’s home under a court order.
The parent is under the age of 20 and is attending high school or participating in a course of study meeting the standards established under s. 115.29 (4), Stats., for the granting of a declaration of equivalency to high school graduation.

(cm) A parent who transitions from Wisconsin works under s. 49.147 (2) to (5), 49.1475, 49.148 (1m) (a), or 49.159, Stats., to unsubsidized employment shall be assessed the minimum copayment until the parent’s next eligibility redetermination.

(dm) A parent that no longer meets the conditions of this subsection due to a change in circumstances, such as adoption of the child, may not be assessed the full copayment responsibility until the parent’s next eligibility redetermination.

Note: If a provider’s price is higher than the department’s maximum rate, a parent with no copayment responsibility under this section will still be responsible for the difference between the provider’s price and the subsidy amount, plus additional fees the provider charges.

(3) Adjustments.

(a) The department may adjust the amounts in the schedule to reflect the following factors:

A change in the funding available for the child care subsidy program.
A change in costs due to a change in the consumer price index.
A change in the federal poverty level.
A change in economic factors affecting the cost of child care to the state, such as an increase in demand for the child care subsidy program.
Insufficient funding to meet the needs of all eligible families applying for or receiving a child care subsidy.
The purposes of the child care subsidy program.

(b) The department shall publish adjustments to the copayment schedule in the Wisconsin administrative register.

(c) If the department proposes to make adjustments to the copayment schedule that would increase parental copayments by 10% or more, the department shall promulgate an administrative rule to make such adjustments, and the department shall not issue an emergency rule to implement such adjustments before providing advance public notice of at least one month.

(4) Copayment increases during 12-month eligibility period. During a parent’s 12-month eligibility period, the parent’s copayment amount may not be increased unless any of the following conditions is met:

(a) Increased hours. The increased copayment amount corresponds to an increase in the number of hours authorized for a child care subsidy to the parent.

The gross income of the assistance group was above 200 percent of the federal poverty level at the parent’s last eligibility redetermination.
The parent’s copayment increases by $1 for every $5 by which the gross income of the assistance group exceeds 200 percent of the federal poverty level.

History

Cr. Register, September, 1997, No. 501, eff. 10-1-97; am. (3) (c), Register, December, 1997, No. 504, eff. 1-1-98; am. (1) (a) and (c), (3) (a) 5., cr. (1) (d), r. (2), Register, November, 1999, No. 527, eff. 12-1-99; r. and recr. (1), cr. (2), Register, January, 2001, No. 541, eff. 2-1-01; CR 02-104: am. (3) (a) 5., cr. (3) (a) 6. Register March 2003 No. 567, eff. 4-1-03; CR 06-044: renum. (2) (c), (d) and (e) to be (2) (d), (e) and (f), cr. (2) (c), Register November 2006 No. 611, eff. 12-1-06; EmR0806: emerg. am. (1), (2) (a), (e), (f) and Table 56.08, eff. 3-30-08; CR 08-020: am. (1), (2) (a), (e), (f) and Table 56.08 Register August 2008 No. 632, eff. 9-1-08; correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; adjustment to Table DCF 201.08 made under s. DCF 201.08 (3) Register March 2009 No. 639; EmR1015: emerg. am. (3) (a) 1., eff. 5-17-10; CR 10-056: am. (3) (a) 1. Register September 2010 No. 657, eff. 10-1-10; adjustment to Table DCF 201.08 made under s. DCF 201.08 (3) Register April 2012 No. 676; correction in (2) (c) made under s. 13.92 (4) (b) 7. Stats., Register April 2012 No. 676; adjustment to Table DCF 201.08 made under s. DCF 201.08 (3) Register April 2013 No. 688; adjustment to Table DCF 201.08 made under s. DCF 201.08 (3) Register April 2014 No. 700; adjustment to Table DCF 201.08 made under s. DCF 201.08 (3) Register February 2015 No. 710; adjustment to Table DCF 201.08 made under s. DCF 201.08 (3) Register February 2016 No. 722; corrected adjustment to Table DCF 201.08 made under s. DCF 201.08 (3) Register March 2016 No. 723; adjustment to Table DCF 201.08 made under s. DCF 201.08 (3) Register March 2017 No. 735; adjustment to Table DCF 201.08 made under s. DCF 201.08 (3) Register March 2018 No. 747; adjustment to Table DCF 201.08 made under s. DCF 201.08 (3) Register October 2018 No. 754; adjustment to Table DCF 201.08 made under s. DCF 201.08 (3) Register March 2019 No. 759; CR 18-088: renum. (1) to (1) (a) and am., cr. (1) (b), r. and recr. (2), am. (3) (a) 2., 5., 6, cr. (3) (a) 7., (4) Register July 2019 No. 763, eff. 8-1-19; adjustment to Table DCF 201.08 made under s. DCF 201.08 (3) Register February 2021 No. 782; adjustment to Table DCF 201.08 made under s. DCF 201.08 (3) Register February 2022 No. 794; adjustment to Table DCF 201.08 made under s. DCF 201.08 (3) Register February 2023 No. 806; CR 23-016: am. (1) (a), cr. (2) (am) 5., 6., am. (2) (cm) Register January 2024 No. 817, eff. 11-1-24; adjustment to Table DCF 201.08 Register November 2024 No. 827; CR 26-011: r. (3) (a) 1., (4) (b), am. (4) (c) Register July 2026 No. 847, eff. 8-1-26.

Chapter DCF 202 CHILD CARE CERTIFICATION

Wis. Admin. Code § DCF 202.01 Authority, purpose, applicability, and exceptions {#sec-dcf-202.01 omnilex-key=us-wi-regs-official--agency-dcf--DCF 202.01}

(1) Authority and purpose. This chapter is promulgated under the authority of s. 48.651 (1d), Stats., to establish standards for the certification of persons who provide child care for 1 to 3 children. The standards are intended to protect and promote the health, safety, and welfare of children in the care of these providers.

(2) Applicability. Subject to sub. (3), this chapter applies to certification agencies, applicants for certification, and certified child care operators who are not licensed to operate a family child care center under ch. DCF 250 and are not required to be licensed as a child care center under s. 48.65, Stats. Certification agencies and certified child care operators shall comply with all applicable laws and the requirements of this chapter.

(3) Exceptions.

(a) A certified child care operator may submit to the certification agency a written request for an exception to a requirement of this chapter with a justification for the requested action and an alternative to meet the intent of the requirement.

(b) A certification agency may grant a request for an exception submitted under par. (a) if a certified child care operator demonstrates to the satisfaction of the certification agency that granting the exception will not jeopardize the health, safety, or welfare of any child in care. A certification agency may not grant an exception to a statutory requirement.

History

Cr. Register, August, 1985, No. 356, eff. 9-1-85; emerg. r. and recr. eff. 7-1-96; emerg. r. and recr., eff. 7-1-96; r. and recr. Register, February, 1997, No. 494, eff. 3-1-97; renum. from HFS 55.55, Register, July, 1999, No. 523, eff. 8-1-99; CR 07-071: am. (1) and (2) Register May 2008 No. 629, eff. 6-1-08; 2015 Wis. Act 132: am. (2) Register February 2016 No. 722, eff. 3-1-16; EmR1918: emerg. r. and recr., eff. 1-30-19; CR 19-089: r. and recr. Register March 2020 No. 771, eff. 4-1-20.

Wis. Admin. Code § DCF 202.02 Definitions {#sec-dcf-202.02 omnilex-key=us-wi-regs-official--agency-dcf--DCF 202.02}

In this chapter:

(1) “Background check request form” means a form prescribed by the department on which a person completes required information for the child care background check under s. 48.686, Stats., and ch. DCF 13.

Note: Form DCF-F-5296, Background Check Request, is available on the department’s website at https://dcf.wisconsin.gov/cclicensing/ccformspubs.

(1s) “Certification agency” means the department in a county having a population of 750,000 or more; a county department of social services established under s. 46.22, Stats.; a county department of human services established under s. 46.23, Stats.; a tribal agency; or any agency that contracts with any of those entities to certify child care operators under s. 48.651, Stats.

(2) “Certified child care home” or “home” means the residence in which a certified child care operator provides care of children and which meets the standards under s. DCF 202.08.

(3) “Certified child care operator,” “child care operator,” or “operator” means an individual that has legal and financial responsibility for the operation of a child care program and for meeting the requirements under this chapter.

(3b) “Certified family child care operator” means a certified child care operator who provides care in a private residential property that is not the home of the child in care.

(3e) “Certified in-home child care operator” means a certified child care operator who provides care in the child’s home for a family that is eligible for in-home care through the child care subsidy program under s. DCF 201.039 (5).

(3g) “Child care background check” means the requirements in s. 48.686, Stats., and ch. DCF 13.

(3h) “Child care certification worker” means a person employed by a certification agency whose duties include determination of eligibility for child care certification.

(3k) “Child care provider” or “provider” means a certified child care operator or an employee or volunteer of the child care operator who is involved in the care and supervision of children on behalf of the operator and who meets the requirements specified in s. DCF 202.08 (1). “Provider” includes a substitute if there is no regularly scheduled provider working other than the substitute.

(3L) “Child care subsidy program” means the program under which the department issues payments to assist parents who are eligible under s. 49.155 (1m), Stats., with child care expenses.

(3m) “Complaint” means an alleged violation of this chapter, ch. DCF 13, or s. 48.686, Stats.

(4) “County department” means a county department of social services under s. 46.22, Stats., or a county department of human services under s. 46.23, Stats.

(5) “Department” means the Wisconsin department of children and families.

(5c) “Early childhood education” means the teaching of children who are 8 years of age or less.

(5g) “Emergency” means unforeseen circumstances that require immediate attention.

(5m) “Emergency back-up provider” means a designated adult who is available to assist in the event an emergency occurs that requires a provider to leave the premises occasionally for a short period of time.

(5r) “Employee” means any individual who works for a certified child care operator to provide care and supervision of children in care, including a substitute, helper, or assistant.

(6) “Family child care center” means a child care center licensed under s. 48.65, Stats., and ch. DCF 250.

(7) “Field trip” means any experience a child has away from the premises while in the care of a provider, whether the child walks or is transported.

(7m) “Fit and qualified” means displaying the capacity to successfully nurture and care for children and may include consideration of any of the following:

(a) Results of the child care background check.

(b) Abuse of alcohol or drugs.

(c) A history of criminal, civil or other offenses, or administrative rule violations that are related to the care of children or clients or demonstrate an inability to manage the activities of a child care program.

(d) Exercise of unsound judgment.

(e) Compliance with the standards under this chapter.

(8) “Group child care center” means a child care center licensed under s. 48.65, Stats., and ch. DCF 251.

(8m) “Hazard” means a potential source of harm, including a recalled product, that could jeopardize the health, safety, or well-being of children in care.

(9) “Health check provider” means a provider of health assessment and evaluation services eligible to be certified under s. DHS 105.37 (1) (a), including an outpatient hospital facility, health maintenance organization, visiting nurse association, clinic operated under a physician’s supervision, local public health agency, home health agency, rural health clinic, Indian health agency and neighborhood health center.

(9d) “Household member” means a person who is age 10 or older, who resides, or is expected to reside, at a certified child care home and who is not a client of the certified child care operator.

(9g) “In care” means a child care provider is responsible for the supervision, safety and developmental needs of children, on or off the premises, including during transportation provided by the certified child care operator. For purposes of this subsection, “children” includes children under 7 years of age who reside in the certified child care home.

(9r) “Inclement weather” means stormy or severe weather, including any of the following:

(a) Heavy rain.

(b) Temperatures above 90 degrees Fahrenheit.

(d) Wind chills of 20 degrees Fahrenheit or below for children under age 2.

(10) “Infant” means a child under one year of age.

(11) “In-home provider” means a person caring for a child in the child’s own home when the conditions in s. DCF 201.039 (5) are met.

(12) “Licensed physician” means a physician licensed under ch. 448, Stats.

(12m) “Operator’s own children” means a certified family child care operator’s natural, adopted, step, and foster children, and any children who reside in the operator’s home.

(13) “Parent” means a “parent,” as defined under s. 48.02 (13), Stats., or a “guardian,” as defined under s. 48.02 (8), Stats.

Note: Section 49.155 (1) (c), Stats., provides: “Notwithstanding s. 49.141 (1) (j), ‘parent’ means a custodial parent, foster parent, treatment foster parent, legal custodian or person acting in place of a parent.”

(15) “Premises” means the tract of land on which the home used for child care is located, including all buildings and structures on that land.

(18) “Related to the provider” means the provider’s natural or adopted children, foster children, stepchildren, grandchildren, brothers, sisters, first cousins, nephews, nieces, uncles and aunts.

(19) “School-age child” means a child 5 years of age or older who is enrolled in a public school or a parochial or other private school.

(20c) “Shaken baby syndrome” or “SBS” means a severe form of brain injury that occurs when an infant or young child is shaken forcibly enough to cause the brain to rebound against his or her skull.

(20g) “Substitute” means a provider who replaces the certified child care operator or other provider on an infrequent, pre-arranged, or planned basis.

(20n) “Sudden infant death syndrome” or “SIDS” means the sudden death of an infant under one year of age that remains unexplained after a thorough case investigation, including performance of a complete autopsy, examination of the death scene, and a review of the clinical history.

(20r) “Supervision” means guidance of the behavior and activities of children for their health, safety, and well-being by a provider who is within sight or sound of the children, except as specified in s. DCF 202.08 (2) (e) 6. and 7.

(20w) “Suspension” means a temporary interruption in regulatory approval.

(20x) “Toddler” means a child who is at least one year of age but less than 2 years of age.

(21) “Tribe” means a Wisconsin American Indian tribe recognized by the federal government.

(21m) “Universal precautions” means measures taken to prevent transmission of infection from contact with blood or other potentially infectious material, as recommended by the U.S. public health service’s centers for disease control and adopted by the U.S. occupational safety and health administration as 29 CFR 1910.1030.

Note: “Standard precautions” for infection control measures incorporate universal precautions. Information on the OSHA requirements related to standard or universal precautions is available on the OSHA website at http://www.osha.gov.

(22) “Volunteer” means a person who is not paid but who agrees to give time, with or without reimbursement for expenses, to transport children in care or to work in a certified child care home.

(23) “Wading pool” means a shallow pool, with sides of 15 inches or less in height, capable of being dumped to change water, and used primarily for small children.

History

Cr. Register, August, 1985, No. 356, eff. 9-1-85; r. and recr. Register, December, 1991, No. 432, eff. 1-1-92; emerg. r. and recr. eff. 7-1-96; r. and recr., Register, February, 1997, No. 494, eff. 3-1-97; renum. from HFS 55.56; r. and recr. (1) and am. (4) and (22), Register, July, 1999, No. 523, eff. 8-1-99; correction in (6) and (13) made under s. 13.93 (2m) (b) 7., Stats., Register, July, 1999, No. 523; CR 02-007: am. (1) and (4), cr. (3m) and (4m) Register May 2002 No. 557, eff. 6-1-02; CR 07-071: cr. (1m), (3b), (3e), (3k), (5g), (5r), (8m), (9c), (9g), (9r), (12m), (20c) to (20w), r. and recr. (2), (15) and (22), am. (3), (6) and (8), renum. (4m) and (20) to be (3h) and (3f) and am., r. (7) and (17) Register May 2008 No. 629, eff. 6-1-08; corrections in (1m), (2), (3m), (5), (6), (8), (9) and (20r) made under s. 13.92 (4) (b) 6. and 7., Stats., Register November 2008 No. 635; 2015 Wis. Act 132: r. (1), cr. (1s), am. (2), (3h), r. (4), am. 14 Register February 2016 No. 722, eff. 3-1-16; correction in (1m) made under s. 13.92 (4) (b) 7., Stats., Register September 2016 No. 729; EmR1918: emerg. cr. (1), r. (1m), am. (2), (3), (3b), (3e), r. (3f), cr. (cg), am. (3h), (3k), cr. (3L), am. (3m), cr. (4), (5c), am. (5g), cr. (5m), (7), (7m), am. (8m), r. (9c), cr. (9d), am. (9g), (11), r. and recr. (13), r. (16), am. (19), (20c), (20g), (20n), (20r), (20w), (21), cr. (21m), am. (22), cr. (23), eff. 1-30-19; CR 19-089: cr. (1), r. (1m), am. (2), (3), (3b), (3e), r. (3f), cr. (cg), am. (3h), (3k), cr. (3L), am. (3m), cr. (4), (5c), am. (5g), cr. (5m), (7), (7m), am. (8m), r. (9c), cr. (9d), am. (9g), (11), r. and recr. (13), r. (16), am. (19), (20c), (20g), (20n), (20r), (20w), (21), cr. (21m), am. (22), cr. (23) Register March 2020 No. 771, eff. 4-1-20 except (3), eff. 4-1-20 and 10-1-21; correction in (9g) made under s. 13.92 (4) (b) 7., Stats., Register March 2020 No. 771; CR 26-009: r. (14), cr. (20x) Register July 2026 No. 847, eff. 8-1-26.

Wis. Admin. Code § DCF 202.04 Certification {#sec-dcf-202.04 omnilex-key=us-wi-regs-official--agency-dcf--DCF 202.04}

(1) Basis for certification. In order to be certified, a child care operator shall meet all of the following conditions:

(a) The operator is exempt from the licensure requirement under s. 48.65, Stats.

(b) There is no child care center licensed under ch. DCF 250 on the premises where the certified child care operator cares, or will care, for children.

(2) Types of certified operators. A certified child care operator may be certified as a certified family child care operator or a certified in–home child care operator. Certified family child care operators and certified in–home child care operators are required to meet the standards under this chapter and may care for infant, toddler, preschool, or school–age children consistent with s. DCF 202.08 (6).

(3) Certification administration.

(a) The certification agency that is responsible for certifying an operator shall be determined by the geographic area in which the child care is provided.

(b) A certification agency shall do all of the following:

Ensure that each new child care certification worker completes the department-approved new certification worker training during the first 6 months of employment.
Maintain certification records demonstrating agency, applicant, and operator compliance with requirements under this chapter. Certification applicant and operator records shall be retained for 6 years after the closure of a certified child care program, an application denial, an application withdrawal, or a final appeal decision denying an application.
Provide to prospective applicants prior to initial certification a copy of the applicable requirements of this chapter and information on child care certification, including information on all of the following:

a. Preservice training requirements.

b. Reducing the incidence of sudden infant death syndrome.

c. Preventing shaken baby syndrome and abusive head trauma.

d. Child development, positive child guidance, and health and safety, including pediatric first aid and nutrition.

e. The child care subsidy program.

f. The child care quality rating and improvement system.

a. Require an applicant for certification to submit a completed background check request form and to receive a final determination of eligibility prior to initial certification.

b. If an applicant is applying to be a certified family child care operator, require household members 10 years of age and older to submit a completed background check request form and to receive final determinations of eligibility prior to initial certification.

Require any potential household member of a certified family child care operator 10 years of age or older, and any potential provider, substitute, or employee to submit a completed background check request form and receive from the department a preliminary eligibility determination under s. 48.686 (4p), Stats., prior to residency, supervised employment, or volunteer work commencing.
When a current household member of a certified family child care operator turns 10 years of age, require the operator to submit a completed background check request form to the certification agency by the agency’s next business day.
Follow the requirements for conducting child care background checks under s. 48.686, Stats., and ch. DCF 13.
Request a statement from the appropriate regulating agency indicating the regulating agency approves a child care business in the applicant’s home if the applicant has a separate license or certification to care for children or adults, including foster care or adult care.
Conduct an on–site inspection of the premises where child care will be provided or is provided, including areas not used for child care, at all of the following times:

a. Prior to initial certification.

b. Not less than annually.

c. Upon receiving an application for recertification.

d. Upon receiving an application for a new location.

Conduct the annual inspection of all certified child care operators under subd. 9. b. as specified by the department to monitor for health and safety standards. The inspection of certified family child care operators shall be unannounced and during hours of operation. The inspection of certified in-home child care operators may be announced and does not have to be during hours of operation.
After initial certification is granted, document monitoring results in the manner prescribed by the department and issue a compliance statement or a noncompliance statement.
Do all of the following, if the operator provides transportation services:

a. Inspect a child vehicle safety alarm, at least annually, to determine whether the child safety alarm is in good working order as required under s. DCF 202.08 (9) (p) to (s).

b. Review the driving record of each driver of a vehicle used to transport children in care to ensure the driver has no accidents or traffic violations that would indicate that having children ride with the driver could pose a threat to the children. In determining whether a driver may pose a threat to children, the certification agency shall consider the totality of the driver’s record and any other relevant facts under s. DCF 202.08 (9) (f).

Note: Information on how to obtain driving records may be obtained by contacting the Department of Transportation at (608) 261-2566 or https://wisconsindot.gov/pages/online-srvcs/other-servs/request-record.aspx.

Refuse to approve more than one certified family child care operator for each residence.
No later than the next business day, document in a manner prescribed by the department any reports of the death of a child in care, or any accident or incident that results in an injury to a child in care that requires professional medical evaluation.

Conduct additional on–site inspections to monitor compliance with certification standards, in addition to the required inspections under par. (b) 9.
Require an applicant for certification to submit references at initial certification.
Require an evaluation and written statement by a physician or licensed mental health professional of any person associated with the care of children or any household member if the certification agency has any reason to believe that the person’s physical or mental health may endanger children in care. The certification agency shall document the reason it believes the person’s physical or mental health may endanger children in care.
Impose conditions for approval of certification.
Enter into a temporary closure agreement with an operator that sets forth specific terms and conditions for the closure, not to exceed 365 days. An on-site monitoring visit must be conducted prior to reopening.

(4) Application.

(a) Form. An application for initial certification, recertification, or relocation under this section shall be made on a form prescribed by the department, which is available from the certification agency in the county or tribal territory where the child care is provided. The applicant shall submit the completed form and any other material necessary to make a certification decision to the certification agency.

Note: Form DCF-F-DWSW48-E, Certification Application – Family and In-Home Child Care Programs, is available from a certification agency or on the department’s website at https://dcf.wisconsin.gov/index.php/cccertification/ccformspubs.

(b) Individual only. An applicant for certification shall be an individual.

(c) Child care background check. An applicant and certification agency shall comply with the background check requirements under s. 48.686, Stats., and ch. DCF 13.

(d) Fees. A certification agency may charge a fee for child care certification not to exceed 150 percent of the licensing fee for a family child care center that provides care and supervision for 4 to 8 children under s. 48.65 (3) (a), Stats. The department may charge a fee for the cost of conducting the child care background checks.

(e) Approval. Within 60 days after completion of a satisfactory determination that the applicant is fit and qualified and compliant with the standards in this chapter, the certification agency shall either approve the application and issue a certification under sub. (5) (a) or (b) or deny the application.

(5) Categories of certification. Certification of an operator by a certification agency shall be provisional or regular as follows:

(a) Provisional. Provisional certification may be issued only after the child care operator has demonstrated compliance with all certification standards under this chapter, except training specified in s. DCF 202.08 (1) (b) 3. Provisional certification shall be granted for a period not to exceed 6 months and may not be renewed or extended.

(b) Regular.

Regular certification may be issued only after the child care operator has demonstrated compliance with all certification standards under this chapter, including requirements for completing department-approved preservice training under s. DCF 202.08 (1) (b) 3.
Regular certification shall be granted for a period of 2 years and may be renewed upon application for recertification. The two-year period includes a combination of provisional and regular certification.

History

Cr. Register, August, 1985, No. 356, eff. 9-1-85; am. (4) (b), Register, November, 1987, No. 383, eff. 12-1-87; renum. (5) to be (6), cr. (5), Register, December, 1991, No. 432, eff. 1-1-92; emerg. r. and recr. eff. 7-1-96; r. and recr. Register, February, 1997, No. 494, eff. 3-1-97; renum. from HFS 55.58, am. (2) (a) and (b), (3) (c), (d) 1. and 2., (5) (a) and (b), (7) (a) and (b) 1., and (8) and cr. (9), Register, July, 1999, No. 523, eff. 8-1-99; CR 02-007: am. (3) (b), (5) (a), (b), (7) (b) 2. c., d., and (9), r. (3) (f), cr. (6) (c), (7) (b) 2. h., and 3. d. Register May 2002 No. 557, eff. 6-1-02; CR 07-071: am. (1), (2), (5) (title), (a), (b), (7) (a), (b) 1., 2. a. to f., 3. a. to d. and (9), r. (3) (b) and (7) (b) 4., r. and recr. (3) (e) and (7) (b) 2. g., cr. (3) (f), (4) (b), (7) (b) 2. bm. and 3. e., renum. (4) to be (4) (a) and am. Register May 2008 No. 629, eff. 6-1-08; corrections in (2), (3) (d), (e) 2., (5), (7) (a), (b) 1., (8) and (9) made under s. 13.92 (4) (b) 6. and 7., Stats., Register November 2008 No. 635; 2015 Wis. Act 132: am. (3) (a), (d), (e) (intro.), (f), (4) (a), (b), (5) (intro.), (6) (a), (b), (c), (7) (a), (b) 1., 2. (intro.), 3. (intro.), e., (8), (9) Register February 2016 No. 722, eff. 3-1-16; CR 14-028: am. (7) (b) 2. d. Register July 2016 No. 727, eff. 8-1-16; corrections in (3) (e) 2. and (9) made under s. 13.92 (4) (b) 7., Stats., Register September 2016 No. 729; EmR1918: emerg. r. and recr., eff. 1-30-19; CR 19-089: r. and recr. Register March 2020 No. 771, eff. 4-1-20 except r. (4) (bm), eff. 10-1-21; correction in (3) (b) 5., 6., 12. b. made under s. 35.17, Stats., Register March 2020 No. 771; CR 26-009: am. (3) (b) 3. d. Register July 2026 No. 847, eff. 8-1-26.

Wis. Admin. Code § DCF 202.06 Enforcement actions and conditions {#sec-dcf-202.06 omnilex-key=us-wi-regs-official--agency-dcf--DCF 202.06}

(1) A certification agency may deny, suspend, revoke, refuse to renew certification, issue a warning of enforcement, initiate other enforcement actions specified in this chapter, or place conditions on the certification if any of the following apply:

(a) The child care operator is not in compliance with this chapter, ch. DCF 13, s. 48.686, Stats., or conditions on the certification.

(b) The certification agency determines there is danger to the health, safety, or welfare of the children in care.

(c) The court, department, certification agency, or local agency that administers the child care subsidy program determines that a certified child care operator has done any of the following:

Misrepresented or withheld information.
Submitted false or misleading information.
Failed to comply with the terms of the child care subsidy program.

(d) The child care operator fails to cooperate with the department or certification agency.

(e) The applicant’s license or certificate to care for children or adults has been denied or revoked.

(f) The child care operator or other provider denies the child care certification worker access to the premises or children’s records to monitor compliance with the certification standards.

(g) The evaluation under s. DCF 202.04 (3) (c) 3. gives the certification agency reasonable concern that the person’s physical or mental health may endanger children in care.

(h) The certification agency has determined the applicant or operator is not fit and qualified.

(2) A certification agency may not approve a child care certification or approve an employee, volunteer or other provider, if the department determines that the applicant or operator, or other person subject to the child care background check is ineligible, unless the determination of ineligibility is overturned on appeal under s. 48.686 (4s), Stats.

(3) A certification agency shall suspend certification if the operator, or other individual subject to the child care background check, is the subject of a pending charge for a serious crime under s. 48.686 (1) (c), Stats.

(4) A certification agency shall require a child care operator to submit a new application for certification if the operator’s previous certification was denied, revoked, or not renewed for a reason specified in this section.

(5) A certification agency may refuse to accept a new application for 2 years after the date of a denial, revocation, or refusal to renew the certification. An applicant may appeal the refusal decision as specified under sub. (6).

(6)

(a) If a certification agency denies, suspends, revokes, or refuses to renew a certification, the certification agency shall notify the child care applicant or operator in writing and give reasons for the action.

(b) An action described in par. (a) may be appealed as follows:

An action of a county department may be appealed under ch. 68, Stats., which provides for administrative review of the decisions of local agencies.
An action of a tribal agency may be appealed to the tribal agency, which shall use an appeal process equivalent to the process in ch. 68, Stats.
In a county with a population of 750,000 or more, the certification agency’s action may be appealed under ch. 227, Stats.

(7) If a certified child care operator violates the provisions of this chapter, ch. DCF 13, or s. 48.686, Stats., the certification agency shall document the violations and, if appropriate, require the operator to submit a plan of correction for violation in writing and may impose any or all of the following:

(a) Forbid the operator to enroll any new children until all violations have been corrected.

(b) Issue a warning of revocation or suspension in writing.

(d) Except as provided under sub. (3), suspend the operator’s certification for not more than 60 days. The certification agency shall either reinstate or revoke the certification by the date that the suspension expires.

History

Cr. Register, August, 1985, No. 356, eff. 9-1-85; emerg. r. and recr. eff. 7-1-96; r. and recr. Register, February, 1997, No. 494, eff. 3-1-97; renum. from HFS 55.60, Register, July, 1999, No. 523, eff. 8-1-99; CR 02-007: renum. and am. DWD 55.06 to be (4), cr. (1) (d), (e), (g), (h), (2) and (3) Register May 2002 No. 557, eff. 6-1-02; CR 07-071: am. (1) (intro.), (a), (b), (d), (e), (g), (h) and (2) to (4), cr. (1) (i) and (j) Register May 2008 No. 629, eff. 6-1-08; corrections in (1) (a), (j), (2) and (3) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; 2015 Wis. Act 132: am. (1) (intro.), (c), (e), (j), (2), (4) Register February 2016 No. 722, eff. 3-1-16; EmR1918: emerg. r. and recr., eff. 1-30-19; CR 19-089: r. and recr. Register March 2020 No. 771, eff. 4-1-20.

Wis. Admin. Code § DCF 202.07 Complaints {#sec-dcf-202.07 omnilex-key=us-wi-regs-official--agency-dcf--DCF 202.07}

(1) Except as provided in sub. (2), a certification agency shall investigate a complaint about a certified child care operator within 10 working days after receiving the complaint.

(2) No later than the next day after a certification agency receives a complaint or self-report that suggests imminent danger may exist to the health, safety, and welfare of children in care, the certification agency shall respond to a complaint or self-reported incident.

History

Cr. Register, December, 1991, No. 432, eff. 1-1-92; emerg. r. and recr. eff. 7-1-96; r. and recr. Register, February, 1997, No. 494, eff. 3-1-97; renum. from HFS 55.605, Register, July, 1999, No. 523, eff. 8-1-99; CR 07-071: am. Register May 2008 No. 629, eff. 6-1-08; 2015 Wis. Act 132: am. Register February 2016 No. 722, eff. 3-1-16; EmR1918: emerg. r. and recr., eff. 1-30-19; CR 19-089: r. and recr. Register March 2020 No. 771, eff. 4-1-20.

Wis. Admin. Code § DCF 202.08 Standards for family child care and in-home child care {#sec-dcf-202.08 omnilex-key=us-wi-regs-official--agency-dcf--DCF 202.08}

(1) Qualifications of providers.

(a) Ability, age and health.

A provider shall be physically, mentally, and emotionally able to provide responsible child care and shall be at least 18 years of age.
Each child care operator shall demonstrate that the operator is free from tuberculosis prior to initial certification. Each provider shall demonstrate that he or she is free from tuberculosis prior to the date the provider begins working with children in care. The certification agency may accept the results of a test administered up to 12 months before the certification date or the date the person began to work with children in care.

(b) Training.

Training in the most current medically accepted methods for reducing the risk of sudden infant death syndrome is required as follows:

a. Prior to certification for each child care operator.

b. Prior to beginning to work with children in care for each provider, including volunteers, substitutes, and emergency back-up providers, or any other person who provides care and supervision for children under one year of age.

Department-approved training on shaken baby syndrome, abusive head trauma, and appropriate ways to manage crying, fussing, or distraught children is required, as follows:

a. Prior to certification for each child care operator.

Note: A person who completed a non-credit, department-approved course called either Introduction to the Child Care Profession or the Fundamentals of Infant and Toddler Care after July 1, 2005 will have met the SBS department-approved training requirement. The department-approved SBS course is also included in the course called Health, Safety and Nutrition offered by a Wisconsin technical college taken after July 1, 2005.

Each certified child care operator and each provider shall comply with s. 48.651 (1d) (b), Stats., and successfully complete all of the following training by the applicable date specified in subd. 4.:

a. At least 2 credits in early childhood education or a department-approved non-credit course in caring for children.

b. A department-approved non-credit course in operating a child care business or a course for credit in business or program administration.

c. Training in child abuse and neglect laws and identifying, documenting, and reporting child abuse and neglect.

Note: A person who completed a non-credit, department-approved course called the Introduction to the Child Care Profession will have met the child abuse and neglect training requirement.

d. Obtain and recertify as necessary to maintain current certification in infant and child cardiopulmonary resuscitation (CPR). The CPR training must result in a certificate of completion. If the certificate of completion does not have a date specifying the length of time for which it is valid, the CPR training must be renewed every year. Time spent renewing cardiopulmonary resuscitation may be counted towards the required continuing education hours under subd. 5.

e. Training in pediatric first aid procedures.

a. A regular child care operator shall complete department-approved preservice training under subd. 3. prior to the certification agency granting regular certification.

b. A provisional certified child care operator shall complete department-approved preservice training under subd. 3. within 3 months after provisional certification.

c. A provider working in a regular or provisional certified child care program shall successfully complete department-approved preservice training under subd. 3. by 3 months after work commencing.

d. A substitute shall complete the training specified in subd. 1. and 2. but need not meet requirements under subd. 3. until the substitute has worked for 240 cumulative hours.

After completion of preservice training under subd. 3., a child care provider shall receive and document receiving at least 5 hours of qualifying continuing education annually. Continuing education qualifies under this subdivision if it covers any of the following:

a. Prevention and control of infectious diseases.

b. Prevention of sudden infant death syndrome and use of safe sleeping practices.

c. Administration of medications, consistent with parental consent.

d. Prevention of and response to emergencies due to allergic reactions to food or other allergens.

e. Building and physical premises safety, including identification of and protection from electrical hazards, bodies of water, vehicular traffic, and other hazards that can cause bodily injury.

f. Prevention of shaken baby syndrome and abusive head trauma.

g. Emergency preparedness and response planning for emergencies resulting from natural disaster or human-caused events.

h. Handling and storage of hazardous materials and the appropriate disposal of biocontaminants. In this subd. 5. h., “biocontaminants” includes blood, body fluids, or excretions that may spread infectious disease.

i. Transportation safety, if appropriate.

j. First aid and cardiopulmonary resuscitation.

k. Identification and reporting of suspected child abuse or neglect.

L. Caring for children with disabilities.

m. Nutrition.

n. Other topics that promote child development or protect children’s health and safety.

Continuing education hours completed in excess of the 5 hour requirement in subd. 5. may be used to meet the continuing education requirement for the following year.

(1m) General conditions of approval and operational requirements.

(a) Administration.

A certified child care operator shall be a responsible, mature individual who is fit and qualified. In determining whether an applicant is fit and qualified, the certification agency shall consider qualifications under sub. (1) and any information listed under s. DCF 202.02 (7m) by the applicant, operator, household member, or other individual directly or indirectly participating in the operation of the certified child care.
Prior to receiving or continuing certification, an applicant or operator shall complete all application forms truthfully and accurately and pay all fees that are due to the certification agency or to the department.
A certified child care operator shall ensure that any action, by commission or omission, or any condition or occurrence relating to the operation or maintenance of the child care premises does not adversely affect the health, safety, or welfare of any child in care.
A certified child care operator shall comply with all laws governing the certified child care program and its operation, including s. 48.686, Stats., and ch. DCF 13 and ensure that all employees and volunteers comply with these laws.
A certified child care operator shall comply with all requirements in this chapter and ch. DCF 13 and with any conditions or restrictions placed on the certification.
A certified child care operator shall include in its personnel or operating policies a provision that requires a provider to notify the child care operator as soon as possible, but no later than the child care program’s next working day, of the reporting requirements under par. (b) 5. to 7.
A certified child care operator shall ensure all information provided to the certification agency and the department is current and accurate.
A certified child care operator shall maintain a current written record on each child in care, including the provider’s own children under 7 years of age, and make the record available to a child care certification worker upon request.
A certified child care operator shall permit a child care certification worker to have unrestricted access to the premises, including access to children served, child records, and any other materials related to compliance under this chapter.
A certified child care operator shall comply with all of the following conditions of the operator’s certification:

a. The number of children in care at any time may not exceed the number specified.

b. The age of the children in care may not be younger or older than the age range specified.

c. The hours, days and months of operation may not exceed those specified. Care provided in excess of the specified hours is unregulated.

d. The certification is non-transferrable, is granted only to the designated operator, and is limited to the stated location.

(b) Reports. A certified child care operator shall report all of the following to the certification agency as soon as possible, but no later than the certification agency’s next working day:

An accident or incident that occurs while a child is in care of a provider resulting in an injury requiring professional medical evaluation.
The death of a child in care of a provider.
Any damage to the premises that may affect compliance with this chapter, or any incident at the premises that results in the loss of utility service.
Construction or remodeling of the premises that has the potential to affect an area accessible to children or have an effect on health and safety of children in care.
Known convictions, pending charges, or other offenses of the child care operator, household member, or other person subject to the child care background check.
Involvement by law enforcement in response to any of the following:

a. A threat to cause physical or serious emotional harm to any individual, including a child in care, by the operator, a household member, or other person subject to the child care background check.

b. A moving violation by a driver that transports children in care, regardless of whether the children are present at the time of the violation.

Suspected abuse or neglect of a child by a provider, volunteer, or household member that was reported under sub. (14), including any incident that results in a child being forcefully shaken or thrown against a hard or soft surface during the child’s hours of attendance.
A prohibited action specified under sub. (7) (b) by a provider, volunteer, or household member.
An injury caused by an animal to a child in care.
The operator intends to hire a new employee or volunteer.
A current household member turns 10 years of age.
The operator’s tax identification number changes or the legal name associated with the tax identification number changes.
A name change by a person subject to the child care background check.

(c) New household member. A certified family child care operator shall submit a completed background check request form to the department or certification agency for each potential household member 10 years of age or older prior to the date on which the person becomes a household member.

(d) Approval for changes. An operator shall submit a request to the certification agency if the operator wishes to change any of the following:

The hours, days, or months that the operator provides care.
The name of the operator’s child care program.
The operator’s phone number.
The operator’s physical address.
Transportation services.

(e) Plan of correction.

If requested by the certification agency, an operator shall submit a plan of correction for cited violations of this chapter, ch. DCF 13, or s. 48.686, Stats., to the certification agency by the date the agency specifies.
The operator shall submit a revised plan of correction to the agency if the initial plan is not accepted by the agency.

(f) Approval required before working in program. A provider, substitute, employee, or volunteer for a certified child care operator shall be approved by the certification agency before the person begins working in the certified child care program. The certification agency may approve the provider, substitute, employee, or volunteer if the agency has verification that the individual has met the standards under sub. (1) (a) and (b) and has been determined eligible by the department under s. 48.686 (4p), Stats., and s. DCF 13.06.

(2) Certified family child care operator’s home. A certified family child care operator’s home and play area shall meet all of the following requirements:

(a) Exits to the home shall comply with the following:

All exits shall be clear of obstruction.
Each floor or level used for child care shall have at least 2 exits.
The primary exit shall be a door or a stairway providing unobstructed travel to the outside of the building at street or ground level.
If the care is not provided in a basement, the secondary exit shall be one of the following:

a. A door or stairway that provides unobstructed travel to the outside of the building at street or ground level.

b. A door or stairway leading to a platform or roof with railings which has an area of at least 25 square feet, is at least 4 feet long, and is not more than 15 feet above the ground level.

c. A window not more than 46 inches above the floor that is capable of being opened from the inside without the use of tool or removal of a sash and which has a window opening size of at least 20 inches in width and 24 inches in height.

If the care is provided in a basement, the secondary exit shall be one of the following:

a. A door or stairway that provides unobstructed travel to the outside of the building at street or ground level.

b. A window not more than 46 inches above the floor that is capable of being opened from the inside without the use of tool or removal of a sash and which has a window opening size of at least 20 inches in width and 24 inches in height. The window shall open directly to the ground or to a window well with an area of at least 6 square feet that is not more than 46 inches below the ground.

(am)

A one-unit or two-unit residential building shall have a functional carbon monoxide detector installed in the basement and on each level of the building, excluding the garage and attic, in accordance with the requirements of s. 101.647, Stats.
A residential building with at least 3 units shall have one or more functional carbon monoxide detectors installed in accordance with the requirements of s. 101.149, Stats.

(ar) The home shall have a functional smoke detector on each floor level in accordance with the requirements of s. 101.645, Stats.

(b) All areas used for child care shall have adequate and safe heat, light and ventilation, including all of the following:

The inside temperature of the home may not be less than 67 degrees Fahrenheit.
If the inside temperature exceeds 80 degrees Fahrenheit, a child care provider shall provide for air circulation with safe fans, air conditioning, or other means.

(c) The indoor and outdoor areas of the home shall be free of hazards. Potentially dangerous items and materials harmful to children, including power tools, flammable or combustible materials, insecticides, matches, drugs, and any articles labeled hazardous to children, shall be in properly marked containers and stored in areas inaccessible to children.

Note: Lists of recalled products are available on the United States Consumer Safety Commission website, https://www.cpsc.gov/.

(cm) Firearms, ammunition, and bows and arrows with sharp tips that are located on the premises or in a vehicle used to transport children shall be kept in locked storage and may not be accessible to children.

(e) Outdoor play areas shall be well-drained and be free of hazards, and have the following protections in place:

Concrete and asphalt shall be prohibited under climbing equipment, swings, and slides.
Hot tubs may not be used by children in care and shall be inaccessible to children by use of a locked rigid cover, permanent barrier, or other protective measure.
Structures such as playground equipment, railings, decks, and porches accessible to children and built with CCA-treated lumber shall be sealed with an oil-based sealant or stain at least every 2 years.
Wood treated with creosote or pentachlorophenol, including railroad ties, may not be used in areas accessible to children.
On-ground or in-ground swimming pools on the premises may not be used by children in care and shall be inaccessible to children in care by use of a permanent enclosure or other protective measure.
Wading pools may be used if the water is changed daily and the pool is disinfected daily. A provider shall be outside with children providing sight and sound supervision when a wading pool containing water is present in the outdoor play area.

a. To protect children from bodies of water, vehicular traffic, and other hazards that can cause bodily injury, an outdoor play area shall either have a permanent enclosure of fencing, plants, or landscaping that is not less than 4 feet high or a provider shall be outside with children and providing active sight and sound supervision when the children are outside.

b. Notwithstanding subd. 7. a., the certification agency may require an operator’s outdoor play area to have a permanent enclosure that is not less than 4 feet high.

(f) The premises, furnishings, and equipment shall be free from litter and vermin, maintained in a sanitary condition, and in good repair.

(g) Bathrooms, including toilets, sinks, and potty chairs, shall be clean and in good working condition. Soap, toilet paper, towels, and a waste paper container shall be provided in the bathroom and shall be accessible to children.

(h) If the home gets water from a private well, water samples from the well shall be tested annually by a laboratory certified under ch. ATCP 77 and shall be found bacteriologically safe. If water test results indicate the water is bacteriologically unsafe, the water shall be appropriately treated and retested until it is determined to be safe. Bottled water shall be used until the water is determined to be safe.

(i) An operator that cares for infants under 6 months of age in a certified child care home that gets its water supply from a private well shall get water samples tested annually by a laboratory certified under ch. ATCP 77 to determine the level of nitrates in the water. If the water sample tests above the maximum allowable levels of nitrates, bottled water shall be used for children under 6 months of age.

(j) Areas, surfaces, equipment, utensils, and appliances used for preparing, serving and storing food shall be kept clean, sanitary, and in good working condition. Eating surfaces shall be washed before use.

(k) Smoking is prohibited anywhere on the premises or in a vehicle used to transport children when children are in care.

(L) The premises shall have no flaking, chipping, peeling, or deteriorating paint on exterior or interior surfaces in areas accessible to children.

(m) All of the following regarding pets and animals:

Pets in the home shall be tolerant of children and vaccinated against rabies. The rabies vaccination shall be documented with a current certificate from a veterinarian.
Animals that may pose any risk to the children may not be in any indoor or outdoor areas used for child care when children are in care.
Reptiles, amphibians, ferrets, poisonous animals, psittacine birds, and exotic and wild animals may not be accessible to children.

Note: Psittacine birds are hooked bill birds of the parrot family that have 2 toes forward and 2 toes backward, including macaws, grays, cockatoos and lovebirds.

Indoor and outdoor areas accessible to children shall be free of pet and animal excrement.
Operators shall ensure they are in compliance with all applicable local ordinances regarding the number, types, and health status of pets and animals.

(3) The home for providing in-home child care.

(a) A certified in-home child care operator shall ensure that the certified child care home and outside play area of the children in care complies with sub. (2) (am), (ar), (c), (cm), (e) 1., 2., 5., 6., and 7., (j), and (k).

(b) A certified in-home child care operator is not required to comply with subs. (2) (a), (b), (e) 3. and 4., (f), (g), (h), (i), (L), (m), (4) (hm), (8m), and (12) (e).

(4) Health.

(a) Except as provided under pars. (c) and (d), a certified child care operator shall have a current report of a physical examination on file for each child, including the operator’s own children in care, as follows:

For a child under 2 years of age, a report of a physical examination conducted not more than 6 months prior to nor later than 3 months after the child is admitted, and a follow-up health examination at least once every 6 months thereafter.
For a child 2 years of age or older, a report of a physical examination conducted not more than 2 years prior to nor later than 3 months after the child is admitted, and a follow-up health examination at least once every 2 years thereafter.

(b) The physical examination report shall be made on an electronic printout from a licensed physician, physician assistant, or health check provider or on a form provided by the department that is signed and dated by a licensed physician, physician assistant, or health check provider.

Note: The department’s form, Child Health Report - Child Care Centers, or an electronic printout from a medical professional may be used to document a health examination. Information on how to obtain the department’s form is available on the department’s website, http://dcf.wisconsin.gov, or from the certification agency.

(c) The requirement under par. (a) does not apply to a child care operator who requests from the certification agency in writing an exemption for a child based upon adherence by the child’s parent to religious belief in exclusive use of prayer or spiritual means for healing.

(d) The requirement under par. (a) does not apply to children 5 years of age and above.

(e) The certified child care operator shall have on file for each child in care a record of the child’s immunization history to document compliance with s. 252.04, Stats., and ch. DHS 144.

Note: The Department of Health Services form, Day Care Immunization Record, or an electronic printout from the Wisconsin Immunization Registry or other registry maintained by a health provider may be used to document immunization information. Forms are available on the department’s website, https://dcf.wisconsin.gov/cccertification/ccformspubs.

(f)

Medications shall be stored so they are not accessible to children.
A child care provider may administer prescription or non-prescription medication to a child only if all of the following conditions are met:

a. The medication is in the original container and is labeled with the child’s name, dosage, and administration directions.

b. The child’s parent has given written and signed permission to administer the medication to the child as directed on the label.

(g) A child care provider shall wash his or her hands with soap and warm running water after toileting, prior to food preparation, after handling pets or animals, and after diapering children.

(h) A child care provider shall require all children in the provider’s care to wash their hands with soap and warm running water before eating and after toileting or handling pets or animals.

(hm) Children may not share cups, eating utensils, washcloths, or towels, unless care is being provided in the children’s home by a certified in-home child care operator.

(i) A provider shall change a child’s wet or soiled clothing or diapers promptly from an available supply of clean clothing or diapers. The child’s diaper shall be changed on an easily cleanable surface that is cleaned with soap and water and a disinfectant solution after each use. The disinfectant solution shall be registered with the U.S. environmental protection agency as a disinfectant and have instructions for use as a disinfectant on the label. The solution shall be prepared and applied as indicated on the label.

(j) A child care provider shall clean a child’s superficial wound with soap and water only and protect it with a band-aid or bandage.

(k) If a child care operator or a child care provider is aware that a child attending certified child care or a child care operator’s own child has a reportable communicable disease under ch. DHS 145 that is transmitted through normal contact, the operator or provider shall comply with all of the following requirements:

The child care operator or child care provider shall notify the local public health officer and parents of all the enrolled children within 48 hours of being notified of the diagnosis.
A child who has or had a reportable communicable disease under ch. DHS 145 may not be admitted to certified child care unless the child’s parents provide a statement from a physician that the child’s condition is no longer contagious or the child has been absent for a period of time equal to the longest usual incubation period for the disease as specified by the department of health services.

Note: The Division of Public Health within the Department of Health Services has developed materials that identify those communicable diseases that are required to be reported to a local public health officer. These materials also provide information on the symptoms of each disease and guidance on how long an infected child must be excluded from child care. Copies of the communicable disease chart are available on the DHS website at https://www.dhs.wisconsin.gov/publications/p44397b.pdf.

(L) No operator, provider, household member, employee, volunteer, visitor, parent or any other person may be in contact with the children in care if any of the following conditions are met:

The person has symptoms of illness or of a communicable disease that is reportable under ch. DHS 145 and may be transmitted through normal contact.
The person’s behavior or mental or physical condition gives reasonable concern for the safety of the children.

(o) A provider shall use universal precautions when exposed to blood or bodily fluids or discharge containing blood. All persons exposed to blood or bodily fluids containing blood or other types of bodily discharges shall wash their hands immediately with soap and warm running water.

(p) Soiled diapers and other biocontaminants shall be disposed of in a plastic-lined, covered container and the contents of the container shall be disposed of daily.

(4m) Emergencies.

(a)

An operator shall have a written plan for taking appropriate action in the event of an emergency including a fire; a tornado; a flood; extreme outdoor heat or cold; a loss of building service, including no heat, water, electricity or telephone; human-caused events, such as threats to the building or its occupants; allergic reactions; lost or missing children; vehicle accidents; a provider’s family situation, such as medical emergency or illness; or other circumstances requiring immediate attention. The plan shall include procedures for all of the following:

a. Evacuation, relocation, shelter-in-place, and lock–down.

b. Communication and reunification with families.

c. Ensuring that the needs of all children are met, including infants and toddlers, children with disabilities, and children with chronic medical conditions.

d. Continuity of operations, including steps the operator will take to demonstrate they are prepared to resume business, when possible, following an emergency.

At least annually, the operator shall do all of the following:

a. Review the plan under subd. 1.

b. Practice the fire evacuation plan and the tornado plan with providers, volunteers, and enrolled children and maintain a written record of the dates and times the plans are practiced.

(b) An operator shall have a written plan to prevent and respond to food and other allergy-related emergencies.

(c) An operator shall designate an emergency back-up provider. The emergency back-up child care provider shall be at least 18 years of age and able to provide an acceptable level of child care.

(d)

The home shall have at least one telephone in working order. If a cellular phone is used as a primary phone, it shall be operational during the hours of child care.
The home shall have a list of emergency numbers posted in a location known to all providers, including the numbers for the police, fire station, emergency medical care, child protective services agency, and poison control center.

(e) An operator shall ensure that each provider, volunteer, substitute, and emergency back-up provider receives an orientation before beginning work that covers the following:

The names and ages of children in care.
A review of children’s records, including enrollment forms and parent and emergency contact information.
Specific information relating to a child’s special health care needs, including administration of medications, disabilities, allergies, or other special health conditions.

4m. If the operator is certified to care for infants, procedures to reduce the risk of sudden infant death syndrome.

5m. The prevention and control of infectious diseases, including diapering, handwashing, and immunizations.

A review of the operator’s plan for responding to emergencies.
The handling and storage of hazardous materials and disposal of biocontaminants.
Pediatric first aid procedures.
Child abuse and neglect laws and reporting procedures.
Building and physical premises safety.
A review of this chapter.

(5) Supervision.

(a) A child care provider may not be engaged in any other activity or occupation during the hours of operation when children are in care that interferes with the adequate care and supervision of children, except for daily maintenance of the home.

(b) A child care provider shall be awake whenever the children in care are awake.

(d) The certified child care operator shall ensure that each child has adult supervision at all times and that no person under 18 years of age is left in sole charge of the children.

(e) Each child shall be closely supervised by a provider to guide the child’s behavior and activities; prevent harm from vehicular traffic, bodies of water, and other hazards; and ensure safety of children at all times.

(em) Constant, active sight and sound supervision shall be maintained during field trips away from the home to protect children from harm, including vehicular traffic, bodies of water, and other hazards and to provide child guidance.

(f) No certified operator, provider, employee, volunteer, household member, or any other individual in a home may consume or be under the influence of alcoholic beverages or any non-prescribed controlled substance specified in ch. 961, Stats., during the hours of operation when children are in care.

(h) A provider may not allow any person who may pose a threat to the health or safety of the children to have contact with the children in care.

(i) The certified child care operator shall keep current and accurate written records of the daily hours of attendance of each child in care, including the actual arrival and departure times for each child. If children are transported to or from the premises or school by the operator or another provider on behalf of the operator, the daily attendance record shall include the actual time the child was picked up or dropped off.

(j) The operator shall maintain documentation of the actual hours that a provider who is not also the operator has worked.

(6) Maximum number of children.

(a) No certified family child care operator may have more than 3 children under 7 years of age who are not related to the child care operator in care at any given time.

(b) No certified family operator may have more than 6 children in care, including children related to the operator, except that:

If 3 of the children are under the age of 2, the total number of children may not exceed 5.
If 4 of the children are under the age of 2, the total number of children may not exceed 4.

(c) A child care operator’s natural, adopted, step, or foster children 7 years of age or older or any child 7 years and older residing in the operator’s home are not counted in determining the maximum number of children allowed under par. (b).

(d) The maximum number of children that may be in care is shown in Table 202.08 (6).

(e) When a certified in-home child care operator cares for children in the children’s own home, the following apply:

The operator is not required to comply with pars. (a) and (b).
The operator may not care for any children who do not reside in the home.

Note: Under s. 48.65 (1), Stats., if a provider takes care of 4 or more children under the age of 7 who are not related to the provider, for compensation, the provider must obtain from the department a license to operate a child care center.

(7) Provider interactions with children.

(a) A child care provider shall interact with the children in a caring and positive manner.

(b) No provider may act in a manner that may be psychologically, emotionally or physically painful, discomforting, dangerous, or potentially injurious to a child. Prohibited actions include all of the following:

Hitting, spanking, pinching, shaking, slapping, throwing, or inflicting any other form of corporal punishment.
Physical restraint, binding, or trying to restrict a child’s movement or enclosing a child in a confined space such as a closet, basement, locked room, box, or similar cubicle.
Withholding or forcing meals, snacks, or naps.
Actions that are cruel, aversive, humiliating, or frightening to the child, including behavior modification techniques resulting in extremely negative consequences.
Verbal abuse, threats, or making derogatory remarks about the child or the child’s family.

(d) A provider shall help each child develop self-control, self-esteem, and respect for the rights of others.

(e) If a provider uses time-out periods to deal with unacceptable behavior, a time-out may not exceed 3 minutes and may not be used for children under 3 years of age. For purposes of this paragraph, a “time-out” is an interruption of unacceptable behavior by the removal of the child from the situation, not to isolate the child, but to allow the child an opportunity to pause, and with support from the provider, reflect on behavior and gain self-control.

(f) A provider may not punish a child for lapses in toilet training.

(g) A provider shall respond promptly to a crying infant or toddler’s needs.

(h) A provider shall provide physical contact and attention to each infant and toddler throughout the day, including holding, rocking, talking to, singing to, and taking on walks inside and outside the home.

(i) A provider shall periodically change the position and location in the room of a non-mobile child who is awake.

(8) Activities.

(a) A child care provider shall plan activities so that each child may be or do all the following:

Be successful and feel good about himself or herself.
Use and develop language.
Use large and small muscles.
Learn new ideas and skills.
Participate in imaginative play.

(b) A child care provider shall offer daily activities according to the age and developmental level of the children in care and shall include a flexible balance of all the following:

Daily indoor and outdoor activities, except that outdoor activities are not required during inclement weather or when not advisable for health reasons.
Active and quiet play.
Protection from excess fatigue and overstimulation.
Individual and group activities.
At least 15 minutes reading to the children daily.
Opportunities for a non–walking child who can creep or crawl to move freely in a safe, clean, open, warm, and uncluttered area each day.

(c) A child care provider may use television only to supplement daily activities for children. No child may be required to watch television.

Note: For further information, see the Wisconsin Model Early Learning Standards. These voluntary standards are designed to help child care providers develop programs and curriculum to help ensure that children are exposed to activities and opportunities that will prepare them for success in school and into the future. The standards are primarily intended as guidance on developmentally appropriate expectations and are not intended to be used as a checklist to gauge a child’s progress. The standards are based on scientific research. Copies of the Wisconsin Model Early Learning Standards are available on the Wisconsin Early Childhood Collaborating Partners website at http://www.collaboratingpartners.com/ or the Department of Public Instruction website at https://dpi.wi.gov/early-childhood/practice.

(8m) Equipment and furnishings; certified family child care operators. A certified family child care operator shall ensure all of the following conditions are met:

(a) The certified child care home has safe indoor and outdoor play equipment that meets the following conditions:

The play equipment is scaled to the size and developmental level of the children in care.
The play equipment is constructed in a sturdy manner and is in good operating condition with no sharp, rough, loose, or pointed edges.

(b) Indoor and outdoor areas used for child care include sufficient space for play and for activities that meet the developmental needs of the children in care. Various types of play equipment are provided to allow for large and small muscle activity, dramatic play, and intellectual stimulation.

(c) Indoor play equipment is provided to allow each child a choice of at least 3 activities involving equipment when all children are using equipment.

(d) Outdoor play equipment is provided to allow each child at least one activity when all children are using equipment at the same time.

(e) No trampolines or inflatable bounce surfaces on the premises are accessible to children or used by children in care.

Note: Subsection (8m) does not apply to certified in-home child care operators.

(9) Transportation.

(a)

Except as provided in subd. 2., this subsection applies to all transportation of children in care, including both regularly scheduled transportation to and from the premises and field trip transportation, if any of the following apply:

a. The operator owns or leases the vehicle used.

b. The operator contracts with another individual or organization that owns or leases the vehicle used.

c. Employees, parents, or volunteers are transporting children other than their own at the direction of, request of, or on behalf of the operator.

The following requirements do not apply to transportation provided in vehicles owned and driven by parents or volunteers:

a. The requirement that the certification agency obtain a copy of the driver’s driving record under par. (f).

b. The requirements related to child care vehicle safety alarms under pars. (p) to (s).

(b) Before transporting a child, an operator shall obtain signed permission from the parent for transportation and emergency information for each child. The form shall include all of the following information:

The purpose of the transportation and the parent or guardian’s permission to transport the child for that purpose.
The length of time the child will transported.
An address and telephone number where a parent or other adult can be reached in an emergency.
The name, address, and telephone number of the child’s health care provider.
Written consent from the child’s parent for emergency medical treatment.

Note: The operator may use the department’s form, Child Care Enrollment and Health History-Certified Child Care, to obtain consent of the child’s parent for emergency medical treatment. Forms are available on the department’s website, https://dcf.wisconsin.gov/cccertification/ccformspubs.

(c) An operator shall ensure that a written list of children being transported, copies of completed permissions, and emergency information for each child being transported is maintained at the premises and in any vehicle transporting children while the children are being transported.

(d) The driver of a vehicle used to transport children in care shall be at least 18 years of age, have at least one year of driving experience, and hold a valid driver’s license for the state where the driver resides and for the type of vehicle driven.

(e) Before a driver who is not the operator first transports children, the operator shall review precautions in transporting children, including all of the following with the driver:

The procedure for ensuring that all children are properly restrained in the appropriate child safety seat.
The procedure for loading, unloading, and tracking of children being transported.
The procedure for evacuating the children from a vehicle in an emergency.
Behavior management techniques for use with children being transported.
Applicable statutes and rules affecting transportation of children.
Pediatric first aid procedures.
Child abuse and neglect laws and reporting procedures.
Information on any special needs a child being transported may have and the plan for how those needs will be met.
Vehicle alarm operation, if applicable.
A written emergency plan to be followed in case of accidents, serious illness, severe weather alerts, and other relevant information. The emergency plan shall remain in the possession of the driver while en route.

(f)

Prior to the day a driver first transports children in care, the operator shall submit to the certification agency a copy of the driving record for each driver and obtain approval of the driver from the certification agency.
In determining whether a driver may pose a threat to the children, the certification worker shall consider the totality of the driver’s record, any other relevant facts, and the following factors in combination:

a. The seriousness of any accidents or violations.

b. The amount of time that has passed since an accident or violation occurred.

c. The number of accidents or violations.

d. The likelihood that a similar incident will occur.

A driver whose driving record indicates that the driver poses a threat to the children may not transport children.

Note: Information on how to obtain driving records may be obtained by contacting the Department of Transportation at (608) 261-2566 or http://dot.wisconsin.gov/drivers/drivers/point/abstract.htm.

(g)

Except as provided in subd. 2., a driver of a vehicle that is transporting children in care may not use a cellular phone or other wireless telecommunication device while loading, unloading, or transporting children, except when the vehicle is out of traffic, not in operation, and any of the following applies:

a. The phone or device is used to call 911.

b. The phone or device is used to communicate with emergency responders.

c. The phone or device is used to communicate with the certified child care operator or a provider regarding an emergency situation.

A navigation device may be used during transportation of children if the device is programmed to a destination when the vehicle is out of traffic and not in operation.

(h) The operator shall ensure that each vehicle that is used to transport children is all of the following:

Registered with the Wisconsin department of transportation or the appropriate authority in another state.
Clean, uncluttered, and free of obstruction on the floors, aisles, and seats.
In safe operating condition.

(i) The operator shall obtain and maintain vehicle liability insurance with minimums no less than those specified in subch. VI of ch. 344, Stats. The operator shall maintain proof of insurance and make this information available to the certification worker upon request.

(j) No person may transport a child under 8 years of age in a motor vehicle, unless the child is restrained in a child safety restraint system that is appropriate to the child’s age and size in accordance with s. 347.48, Stats., and ch. Trans 310.

Note: For further information on child safety restraints, see https://wisconsindot.gov/Pages/safety/education/child-safety/default.aspx.

(k)

Each child who is not required to be in an individual child car safety seat or booster seat when being transported under par. (j) shall be properly restrained by a seat belt in an operating vehicle in accordance with s. 347.48, Stats., and ch. Trans 315.
Each adult shall be properly restrained by a seat belt in an operating vehicle in accordance with s. 347.48, Stats., and ch. Trans 315.
Seat belts may not be shared.

(L) Children transported in school buses or vehicles built to school bus standards shall be properly seated according to the manufacturer’s specifications.

(m) The operator shall be responsible for a child from the time the child is placed in a vehicle until the child reaches his or her destination and is released to a person responsible for the child.

(n) Children may not be left unattended in a vehicle.

(nm) Children under 13 years of age may not ride in the front seat of a vehicle.

(o) Rides to and from the certified child care, field trips, or other program activities may not exceed 60 minutes each way.

(p) A vehicle shall be equipped with a child safety alarm that prompts the driver to inspect the vehicle for children before exiting if all of the following conditions apply:

The vehicle is owned or leased by the operator or a contractor of the operator.
The vehicle has a seating capacity of 6 or more passengers plus the driver. The seating capacity of the vehicle shall be as determined by the manufacturer.
The vehicle is used to transport children in care.

(q) No person may shut off a child safety alarm unless the driver first inspects the vehicle to ensure that no child is left unattended in the vehicle.

(r) The child safety alarm shall be in good working order each time the vehicle is used for transporting children.

(s) At least annually, the operator shall make each vehicle that is required to have a child safety alarm under par. (p) available to the child care certification worker to determine whether the child safety alarm is in good working order.

Note: Information on the required vehicle safety alarm is available on the department’s website, https://dcf.wisconsin.gov/ccregulation/providers.

(10) Meals and snacks. A child care provider shall ensure that each child receives proper nourishment while in child care as follows:

(a) Each child shall be served one meal or snack at least once every 3 hours. Each meal and snack shall meet the U.S. department of agriculture child and adult care food program minimum meal requirements.

Note: The USDA meal program requirements are found on the U.S. Department of Agriculture website, http://www.fns.usda.gov/cacfp/meals-and-snacks.

(b) Each child in attendance for 4 or more hours shall be served a meal.

(bm) Enough food shall be prepared for each meal, so second portions of vegetables, fruit, grains, and milk are available to children.

(11) Rest. A child care provider shall ensure that each child has a clean, comfortable and safe place to rest as follows:

(a) Each child shall be allowed to have undisturbed rest or a nap, when needed, in a place that is clean, safe and comfortable.

(b) Each child shall have a personal clean sheet or blanket or both and pillowcase if a pillow is used.

(c) To reduce the risk of sudden infant death syndrome, each infant shall be placed to sleep on his or her back, unless otherwise directed by the child’s physician. All sleeping arrangements for children under one year of age shall use firm mattresses.

(d) A safe crib or playpen with a tight-fitting mattress with a tight-fitting covering shall be available for each child under one year of age to use for napping or sleeping. The crib or playpen may not contain soft or loose materials, such as sheepskins, pillows, blankets, flat sheets, bumper pads, bibs, pacifiers with attached soft objects or stuffed animals. A certified family child care operator shall ensure that each crib used by a child in care satisfies the applicable federal safety standards in 16 CFR Part 1219 or 1220.

Note: A crib that was manufactured or sold before June 28, 2011, may not satisfy the crib safety standards in 16 CFR Part 1219 or 1220.

(12) Provider and parent communication. The certified child care operator shall be in ongoing communication with a child’s parent or ensure that a substitute child care provider is in ongoing communication with a child’s parent by doing all of the following:

(a) Allowing parents to visit and observe the program of child care during any hours that care is being provided.

(b) Talking to each child’s parent at least once a week about his or her child’s development, activities, likes and dislikes.

(c) Developing a written contract that specifies the charge for child care and the expected frequency of payment for the service. The contract shall be signed by the operator and a parent or guardian.

(d) Making a copy of the applicable certification standards available to each parent.

(e) Displaying a copy of the certificate in an area easily seen by parents and visitors, unless the operator is a certified in-home child care operator.

(f) Prior to a child’s first day of attendance for any child in care, obtaining information on a form prescribed by the department with enrollment and health history information, including all of the following:

The parents’ home and work phone numbers.
Health history, including information relating to a child’s special health care needs and emergency care plan.
The parents’ signed consent for emergency medical care.
A name and number to call if the child requires emergency medical care.

Note: The form Child Care Enrollment and Health History-Certified Child Care is available on the department’s website, https://dcf.wisconsin.gov/cccertification/ccformspubs.

(g) Using information obtained on the department-provided “child care intake for child under 2 years” form, which collects essential information for infants and toddlers, to individualize the program of care for each child under 2 years of age.

(h) Informing a child’s parent of any disciplinary action taken or any injury to the child that occurred during child care hours.

(i) Informing the parent in writing whether the premises and the child care business are covered by a child care liability insurance policy.

(k) Notifying the parent in advance of the date, time, and destination of a field trip that is not considered part of the regularly scheduled program.

(13) Discrimination prohibited. No certified child care operator may discriminate on the basis of race, color, sex, sexual orientation, creed, disability, religion, or national origin or ancestry in accepting children or in the employment of employees.

(14) Mandatory child abuse or neglect reporting. A provider who knows or has reasonable cause to suspect that a child who is known or seen by the provider in the course of their professional duties has been abused or neglected or that the child has been threatened with abuse or neglect and that abuse or neglect will occur shall immediately inform the county department or, in a county having a population of 750,000 or more, the department, local law enforcement, or other organization designated in s. 48.981 (3) (a), Stats.

(15) Confidentiality.

(a) An operator shall ensure that persons having access to children’s records do not discuss or disclose personal information regarding the children and facts learned about the children and their relatives. This subsection does not apply to any of the following:

The parent.
Any person, business, school, social services provider, medical provider, or other agency or organization if written parental consent has been given.
Agencies authorized under s. 48.78, Stats.

(b) All records required under this chapter for certification purposes shall be available to the child care certification worker.

History

Cr. Register, August, 1985, No. 356, eff. 9-1-85; emerg. r. (1) (d), eff. 11-5-85; r. (1) (d), Register, April, 1986, No. 364, eff. 5-1-86; r. and recr. (1) (a), (b), (2) (L), (4), (5) and (8), r. (1) (c), Register, December, 1991, No. 432, eff. 1-1-92; emerg. r. and recr. eff. 7-1-96; r. and recr. Register, February, 1997, No. 494, eff. 3-1-97; reprinted to insert dropped copy in (4) and (5), corrections made in (1) (a) made under s. 13.93 (2m) (b) 7., Stats., Register, July, 1997, No. 499; renum. from HFS 55.61, cr. (2) (n) and (5) (i) and am. (3) and (6) (d), Register, July, 1999, No. 523, eff. 8-1-99; correction in (2) (k) and (5) (f) made under s. 13.93 (2m) (b) 7., Stats, Register, July, 1999, No. 523; CR 02-007: am. (1) (a) 3., (2) (c) (intro.), 2., 3., (d), (e) (intro.), (f), (g), (k), (5) (i), (6), (7) (b), (8) (a) 2., 3., and (12) (c) and (f) (intro.), renum. and am. (1) (b) 1. to be (1) (b) 2. a. and (8) (a) 4. to be (8) (a) 5., cr. (1) (b) 1., 2. (intro.), (2) (cm), (e) 1., 2., 3., (o), (4) (i), (j), (7) (d) to (j), (8) (a) 4., 8., (9) (d), (e), (11) (c), (d), (12) (g), (h), (i), (14), and (15), renum. (1) (b) 2. to be (1) (b) 2. b., (8) (a) 5. and 6. to be (8) (a) 6. and 7., and r. (2) (h) Register May 2002 No. 557, eff. 6-1-02; CR 07-071: am. (title), (1) (a) 3., (b) 1., 2. (intro.), a., (2) (intro.), (c) (intro.), (e) (intro.), 2., (f), (j) to (L), (3), (4) (a) (intro.), 2., (c), (e) to (j), (5) (a), (b), (d) to (i), (6) (c), (d), Table 55.08 (6), (7) (intro.), (b), (9) (intro.), (a), (d), (10) (intro.), (11) (intro.), (12) (intro.), (c), (g) to (i) and (13), cr. (1) (b) 1. a., b., 2. c., d., (d), (e), (2) (am), (b) 1., 2., (p), (4) (k), (5) (em), (j), (6) (e), (8m), (9) (c) 1 to 4., and (12) (j), r. and recr. (1) (c), (2) (a), (6) (a), (b) (intro.) and (8), renum. (2) (b) and (9) (c) to be (2) (b) (intro.) and (9) (c) (intro.) and am., r. (15) Register May 2008 No. 629, eff. 6-1-08; corrections in (1) (a) 2., (b) 2. a., (d), (4) (d), (e), (k), (6) (d), (e) and (12) (j) made under s. 13.92 (4) (b) 6. and 7., Stats., Register November 2008 No. 635; 2015 Wis. Act 132: am. (1) (a) 3., (b) 2. b., c., (c) (intro.), (d), (e) 3., r. (2) (a) 2m., am. (2) (g), (o), (4) (b), (c) Register February 2016 No. 722, eff. 3-1-16; CR 14-028: cr. (9) (f) Register July 2016 No. 727, eff. 8-1-16; EmR1918: emerg. r. and recr. (1), cr. (1m), r. and recr. (2) (title), (intro.), (am), cr. (2) (ar), am. (2) (b) 2., r. and recr. (2) (c), am. (2) (cm), r. (2) (d), am. (2) (e) (intro.), 2., r. and recr. (2) (e) 3., cr. (2) (e) 4. to 7., r. and recr. (2) (f), (g), cr. (2) (h), r. and recr. (2) (i) to (m), r. (2) (n) to (p), r. and recr. (3), (4) (title), am. (4) (a) 1., 2., (d), (e), r. and recr. (4) (f), am. (4) (g), (h), cr. (4) (hm), am. (4) (i), (k) (intro.), 1., cr. (4) (L), (o), (4m), am. (5) (a), (c), (d), r. and recr. (5) (e), r. (5) (em), am. (5) (f), r. (5) (g), am. (5) (h), (i), r. and recr. (5) (j), (7), am. (8) (title), (8m) (title), cr. (8m) (intro.), r. and recr. (8m) (a), am. (8m) (b) to (d), cr. (8m) (e), r. and recr. (9), am. (10) (intro.), (a), (b), cr. (10) (bm), am. (10) (c), (11) (intro.), (c), (d), (12) (c), (e), r. and recr. (12) (f), am. (12) (i), r. (12) (j), cr. (12) (k), am. (13), (14), cr. (15), eff. 1-30-19; CR 19-089: r. and recr. (1), cr. (1m), r. and recr. (2) (title), (intro.), (am), cr. (2) (ar), am. (2) (b) 2., r. and recr. (2) (c), am. (2) (cm), r. (2) (d), am. (2) (e) (intro.), 2., r. and recr. (2) (e) 3., cr. (2) (e) 4. to 7., r. and recr. (2) (f), (g), cr. (2) (h), r. and recr. (2) (i) to (m), r. (2) (n) to (p), r. and recr. (3), (4) (title), am. (4) (a) 1., 2., (d), (e), r. and recr. (4) (f), am. (4) (g), (h), cr. (4) (hm), am. (4) (i), (k) (intro.), 1., cr. (4) (L), (o), (4m), am. (5) (a), (c), (d), r. and recr. (5) (e), r. (5) (em), am. (5) (f), r. (5) (g), am. (5) (h), (i), r. and recr. (5) (j), (7), am. (8) (title), (8m) (title), cr. (8m) (intro.), r. and recr. (8m) (a), am. (8m) (b) to (d), cr. (8m) (e), r. and recr. (9), am. (10) (intro.), (a), (b), cr. (10) (bm), am. (10) (c), (11) (intro.), (c), (d), (12) (c), (e), r. and recr. (12) (f), am. (12) (i), r. (12) (j), cr. (12) (k), am. (13), (14), cr. (15) Register March 2020 No. 771, eff. 4-1-20; correction in (1) (b) 5. h., (1m) (a) 5., (2) (e) (intro.), (3) (b), (9) (k) 1., 2. made under s. 35.17, Stats., Register March 2020 No. 771; CR 20-003: cr. (9) (nm) Register July 2020 No. 775, eff. 8-1-20; CR 26-009: cr. (1) (b) 3. e., r. and recr. (2) (e) 7., cr. (4) (p), am. (4m) (a) 1. c., cr. (4m) (a) 1. d., r. and recr. (4m) (a) 2., am. (4m) (e) 2., renum. (4m) (e) 4., 5. to (4m) (e) 6., 1l., cr. (4m) (e) 4m., 5m., 7. to 10., am. (5) (e), cr. (5) (em), am. (9) (e) (intro.), 6., cr. (9) (e) 10., am. (14) Register July 2026 No. 847, eff. 8-1-26; correction in (2) (e) 7. b., (14) made under s. 35.17, Stats., Register July 2026 No. 847.

Chapter DCF 204 GRANTS SUPPORTING COMMUNITY CHILD CARE INITIATIVES

Wis. Admin. Code § DCF 204.01 Authority and purpose {#sec-dcf-204.01 omnilex-key=us-wi-regs-official--agency-dcf--DCF 204.01}

This chapter is promulgated under the authority of s. 49.137 (4m), Stats., to administer a program that awards grants to local governments and tribes to improve the supply, accessibility, and quality of child care.

History

CR 02-010: cr. Register July 2002 No. 559, eff. 8-1-02.

Wis. Admin. Code § DCF 204.02 Definitions {#sec-dcf-204.02 omnilex-key=us-wi-regs-official--agency-dcf--DCF 204.02}

In this chapter:

(1) “Application” means a request for funding under this chapter made in response to an RFP.

(2) “Child care” means licensed care under s. 48.65, Stats., certified care under s. 48.651, Stats., care provided under s. 49.155 (3m), Stats., or care provided under s. 120.13 (14), Stats.

(3) “Department” means the department of children and families.

(4) “Federal fiscal year” means October 1 of one year to September 30 of the following year.

(5) “Federal medical assistance percentage” has the meaning given in 42 USC 1396d(b).

Note: The federal medical assistance percentage for each state in a given federal fiscal year is determined by the federal Department of Health and Human Services and published in the Federal Register.

(6) “Local government” means a public sub-state jurisdiction that is located in Wisconsin and has governing and taxing authority, including counties, municipalities, public school districts, and technical college districts.

(7) “Locally-generated revenues” includes local taxes and does not include state or federal aids or shared revenue.

(8) “Low-income” means a household income at or below the maximum level established in the Wisconsin state plan for temporary assistance to needy families under 42 USC 602.

(9) “RFP” or “request for proposals” means a paper or electronically published and distributed document announcing the availability of funds, the requirements for obtaining and using the funds, and necessary procedures to be considered for funding under this chapter.

(10) “Tribe” means any federally-recognized American Indian nation that is located in Wisconsin.

History

CR 02-010: cr. Register July 2002 No. 559, eff. 8-1-02; correction in (3) made under s. 13.92 (4) (b) 6., Stats., Register November 2008 No. 635; EmR1918: emerg. am. (2), eff. 1-30-19; CR 19-089: am. (2) Register March 2020 No. 770, eff. 4-1-20.

Wis. Admin. Code § DCF 204.03 Department powers and duties {#sec-dcf-204.03 omnilex-key=us-wi-regs-official--agency-dcf--DCF 204.03}

(1) The department may grant federal funds available under 42 USC 618 to local governments and tribes that comply with 42 USC 618, 42 USC 9858-9858q, 45 CFR Parts 98 and 99; this chapter; and the RFP.

(2) The department shall publish a request for proposals for community child care initiatives.

(3) The department shall reject, or modify to bring into compliance, applications in which all or part of the local government or tribe’s match expenditure or commitment fails to meet the requirements of 42 USC 618, 42 USC 9858-9858q, 45 CFR Parts 98 and 99; this chapter; and the RFP.

(4) The department shall reject, or modify to bring into compliance, applications in which all or part of the local government or tribe’s plan on use of the grant funds fails to meet the requirements of 42 USC 618, 42 USC 9858-9858q, 45 CFR Parts 98 and 99; this chapter; and the RFP.

(5) The department shall establish and periodically update a formula that allocates a percentage of available funds for residents of each county of the state based equally on the county’s:

(a) Percentage of the state’s low-income children as estimated by the United States census bureau.

(b) Percentage of the state’s births for the most recent 3-year period for which resident birth data by county is published by the department of health services.

(6) The department shall award and manage grants to maintain compliance with 42 USC 618, 42 USC 9858-9858q, 45 CFR Parts 98 and 99; this chapter; and the RFP, including the following:

(a) Awarding grants pursuant to s. DCF 204.07.

(b) Monitoring compliance with match and spending requirements.

(7) The department may reallocate underspent or unawarded funds as permitted by 42 USC 618, 42 USC 9858-9858q, 45 CFR Parts 98 and 99, and in a manner consistent with this chapter and the RFP.

(8) The department may require other measures to ensure compliance with 42 USC 618, 42 USC 9858-9858q, and 45 CFR Parts 98 and 99, as interpreted by the federal department of health and human services; state child care policy; and to maximize federal dollars received by the state.

History

CR 02-010: cr. Register July 2002 No. 559, eff. 8-1-02; CR 06-095: am. (6) (a) Register November 2006 No. 611, eff. 12-1-06; corrections in (5) (b) and (6) (a) made under s. 13.92 (4) (b) 6. and 7., Stats., Register November 2008 No. 635.

Wis. Admin. Code § DCF 204.04 Applicants {#sec-dcf-204.04 omnilex-key=us-wi-regs-official--agency-dcf--DCF 204.04}

(1) Initial grants. Any local government or tribe that is located in Wisconsin may submit an application for an initial grant under s. DCF 204.07.

(2) Continuing grants. Any recipient of an initial grant may apply for a continuing grant under s. DCF 204.07 if a continuing grant RFP is offered.

History

CR 02-010: cr. Register July 2002 No. 559, eff. 8-1-02; CR 06-095: am. (1), r. and recr. (2), Register November 2006 No. 611, eff. 12-1-06; corrections made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635.

Wis. Admin. Code § DCF 204.05 Match requirement {#sec-dcf-204.05 omnilex-key=us-wi-regs-official--agency-dcf--DCF 204.05}

A local government or tribe that applies for funds under this chapter shall certify that matching expenditures represent expenditures eligible for federal match as required under 42 USC 9858-9858q, 45 CFR Parts 98 and 99, this chapter, and the RFP. The department shall determine the minimum match expenditure to be either the federal medical assistance percentage for Wisconsin for the federal fiscal year in which the match expenditure occurs or a higher percentage rate needed to meet the state’s match requirements under 45 CFR 98.53 and 45 CFR 98.63 as affected by ss. 20.437 (2) (cm) and (md) and 49.175 (1) (qm), Stats. The department may round this percentage of required match to the nearest higher percentage that will allow the match amount to be expressed in whole dollars. A match expenditure shall comply with the following criteria:

(1) A match expenditure shall be from locally-generated revenues or federal revenues specifically authorized by federal law to be used as match to federal funds.

Note: 42 USC 5305(a)(9) provides that funds from the federal Community Development Block Grant under 42 USC 5301 to 5321 may be used as match.

(2) A match expenditure under this chapter may not be used as match to any other state or federal funds, except that the local share of public school costs specified under the state’s school aid formula shall not be considered as match to other state funds.

(3) A match expenditure shall be made during the required matching period provided in 45 CFR 98.60(d)(3) and identified in the RFP.

(4) A match expenditure shall be made for qualifying child care services and programs, including programs with the following purposes:

(a) Providing low-income working families with financial resources to find and access quality child care for their children.

(b) Enhancing the quality and increasing the supply of child care for all families, including those who receive no direct assistance under s. 49.155, Stats.

(d) Improving the quality of and coordination among child care programs and early childhood development programs.

(e) Increasing the availability of early childhood development care services and before- and after-school care services.

(f) Educating consumers about child care.

(g) Improving the health and safety aspects of child care, including regulation of child care.

(h) Providing crisis respite child care to children in protective services cases or in need of protective services.

(i) Other items permitted under 42 USC 9858-9858q.

(5) Expenditures for public pre-kindergarten programs or pre-school programs operated by public school districts may not exceed 20% of the total match expenditure for each application.

History

CR 02-010: cr. Register July 2002 No. 559, eff. 8-1-02; emerg. am. (intro.), eff. 10-7-03; CR 03-101: am. (intro.) Register March 2004 No. 579, eff. 4-1-04; CR 06-095: am. (intro.) and (4) (a), Register November 2006 No. 611, eff. 12-1-06; correction in (intro.) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635.

Wis. Admin. Code § DCF 204.06 Use of grant funds {#sec-dcf-204.06 omnilex-key=us-wi-regs-official--agency-dcf--DCF 204.06}

(1) Allowable uses. A local government or tribe may use grant funds received under this chapter in any of the following ways:

(a) Enhancing the quality and increasing the supply of child care for all families, including those who receive no direct assistance under s. 49.155, Stats.

(b) Providing parents with a broad range of options in addressing their child care needs.

(d) Increasing the availability of early childhood development care services and before- and after-school care services.

(e) Educating consumers about child care.

(f) Improving the health and safety aspects of child care, including regulation of child care.

(g) Providing crisis respite child care to children in protective services cases or in need of protective services.

(2) Nonallowable uses. A local government or tribe may not use grant funds received under this chapter in any of the following ways:

(a) Purchase of real estate.

(b) Construction or major remodeling.

(d) Direct purchase or payment of child care services, unless the child is receiving or is in need of protective services, as determined by the county or tribal authority for child protective services.

(e) Public pre-kindergarten.

(f) Sectarian purposes or activities.

(3) Limit on administrative costs. The department may limit the amount of grant funding that may be spent on administrative costs to a percentage no higher than 15%.

History

CR 02-010: cr. Register July 2002 No. 559, eff. 8-1-02; CR 06-095: r. and recr. (3), Register November 2006 No. 611, eff. 12-1-06.

Wis. Admin. Code § DCF 204.07 Amount of grants {#sec-dcf-204.07 omnilex-key=us-wi-regs-official--agency-dcf--DCF 204.07}

(1) Initial grant. If initial grants are awarded, the amount of an initial grant shall be based on the following:

(a) The amount requested by the applicant.

(b) The amount of match identified by the applicant.

(d) The amount of funding requested by all applicants proposing to serve residents of the county or counties involved.

(e) The amount of funding available due to reallocation from other counties.

(f) No initial grant may be awarded if the amount of the grant would be less than $500.

(2) Continuing grants.

(a) A continuing grant may be offered to a local government or tribe for up to 3 funding cycles after the initial grant was awarded.

The local government or tribe is proposing to continue the same program that was funded by the initial grant.
The local government or tribe complied with all requirements associated with the initial grant.

(d) If the local government or tribe is eligible for a continuing grant and funding is available, the department may fund a request for a continuing grant:

Before initial grants are funded.
At a level up to 200% of the initial grant if match requirements are met.

(e) The amount of a continuing grant may be adjusted to reflect the following:

The applicant’s record of completing previous match or spending agreements under this program.
Other aspects of the applicant’s record of doing business with the department.

History

CR 02-010: cr. Register July 2002 No. 559, eff. 8-1-02; emerg. am. (1) (intro.) and (2) (d) 2., cr. (1) (f), r. (2) (b) and (e) 1., eff. 10-7-03; CR 03-101: am. (1) (intro.) and (2) (d) 2., cr. (1) (f), r. (2) (b) and (e) 1. Register March 2004 No. 579, eff. 4-1-04; CR 06-095: am. (1) (intro.), (2) (a) and (d) 2., Register November 2006 No. 611, eff. 12-1-06.

Chapter DCF 250 FAMILY CHILD CARE CENTERS

Wis. Admin. Code § DCF 250.01 Authority and purpose {#sec-dcf-250.01 omnilex-key=us-wi-regs-official--agency-dcf--DCF 250.01}

This chapter is promulgated under the authority of s. 48.67, Stats., to carry out licensing requirements under s. 48.65, Stats., for family child care centers. The purpose of the chapter is to protect the health, safety and welfare of children being cared for in family child care centers.

History

CR 03-052: cr. Register December 2004 No. 588, eff. 3-1-05.

Wis. Admin. Code § DCF 250.02 Applicability {#sec-dcf-250.02 omnilex-key=us-wi-regs-official--agency-dcf--DCF 250.02}

(1) Included and excluded care arrangements. This chapter applies to all family child care centers, but does not include any of the following:

Note: Section 48.65 (2), Stats., exempts parents, guardians and certain other relatives; public and parochial (private) schools; persons employed to come to the home of the child’s parent to provide care for less than 24 hours per day; and counties, cities, villages, towns, school districts, and libraries that provide programs for children primarily intended for social or recreational purposes from the requirement for a license.

(a) Care and supervision of children in a program that operates no more than 4 hours a week.

(b) Group lessons to develop a talent or skill, such as dance or music, social group meetings and activities and group athletic activities.

(c) Care and supervision while the parents are on the premises and are engaged in shopping, recreation or other non-work activities.

(d) Seasonal programs of 10 days or less duration in any 3-month period, including day camps, vacation bible school and holiday child care programs.

(e) Care and supervision in emergency situations.

(f) Care and supervision while the parent is employed on the premises if the parent’s child receives care and supervision for no more than 3 hours a day.

(g) Care and supervision provided at the site to the child of a recipient of temporary assistance to needy families, or Wisconsin works, who is involved in orientation, enrollment or initial assessment prior to the development of an employability plan or the child care is provided where parents are provided training or counseling.

(2) Exception to the requirement. The department may grant an exception to a requirement of this chapter when a family child care center demonstrates to the satisfaction of the department that granting the exception will not jeopardize the health, safety or welfare of any child served by the center. A request for an exception shall be in writing, shall be sent to the department and shall include justification for the requested action and a description of any alternative provision planned to meet the intent of the pertinent provision in this chapter.

Note: A request for an exception to a requirement of this chapter should be sent to the regional licensing representative of the Department’s Division of Early Care and Education. See Appendix A for addresses of the regional offices.

History

CR 03-052: cr. Register December 2004 No. 588, eff. 3-1-05.

Wis. Admin. Code § DCF 250.03 Definitions {#sec-dcf-250.03 omnilex-key=us-wi-regs-official--agency-dcf--DCF 250.03}

In this chapter:

(1g) “Abusive head trauma” means a serious type of head injury, including shaken baby syndrome, that is caused by shaking, throwing, hitting, slamming, or jerking.

(1k) “Administrative authority” means a licensee’s decision-making power regarding the family child care center.

(1n) “Assistant provider” means a provider who works under the supervision of a lead provider.

(1r) “Background check request form” means a form prescribed by the department on which a person completes required information for the child care background check under s. 48.686, Stats., and ch. DCF 13.

Note: Form DCF-F-5296, Background Check Request, is available on the department’s website, https://dcf.wisconsin.gov/cclicensing/ccformspubs.

(2) “Care” means providing for the safety and developmental needs of a child in a family child care center.

(3) “Center-provided transportation” means transportation in a vehicle owned by or contracted for the center or a vehicle owned by the licensee or an employee that is used to transport children, but does not include a vehicle owned and driven by a parent or volunteer.

(3m) “Child care background check” means the requirements in s. 48.686, Stats., and ch. DCF 13.

(4) “Complaint” means an allegation of violation of this chapter or ch. 48, Stats.

(4m) “Crib” means a bed for an infant or young child that is enclosed on 4 sides including play pens and portable cribs.

(5) “Department” means the Wisconsin department of children and families.

(5m) “Early childhood education” means the teaching of children who are 8 years of age or less.

(6) “Emergency” means unforeseen circumstances that require immediate attention.

(7) “Emergency back-up provider” means a designated adult available within 5 minutes of the premises who can provide assistance in the event an emergency occurs that requires a lead provider to leave the premises occasionally for a short period of time.

(8) “Employee” means any person who is compensated to provide care and supervision of children enrolled in a family child care center.

(8m) “EPSDT provider” means a provider of health assessment and evaluation services that is eligible to be certified under s. DHS 105.37 (1) (a).

(9) “Family child care center” or “center” means a facility where a person provides care and supervision for less than 24 hours a day for at least 4 and not more than 12 children who are not related to the provider.

(10) “Field trip” means any experience a child has away from the premises of the center while in the care of center staff, whether a child walks or is transported.

(11) “Fit and qualified” means displaying the capacity to successfully nurture and care for children and may include consideration of any of the following:

(a) Abuse of alcohol or drugs.

(b) A history of a civil or criminal conviction or administrative rule violation that is substantially related to the care of children, as determined under s. DCF 13.05.

(d) A history of civil or criminal offenses or any other action that demonstrates an inability to manage the activities of a center.

(12) “Foster care” means care and maintenance provided to a child in a foster home pursuant to a court order or voluntary placement agreement.

(13) “Foster home” means any facility operated by a person licensed under s. 48.62 (1), Stats.

(13m) “Hazard” means a potential source of harm that can jeopardize the health, safety or well-being of a child in care.

(14) “Hours of operation” means the hours within the terms of the license during which children are actually in the care of the center.

(14m) “Household member” means any person who resides, or is expected to reside, at the family child care center and who has or may have direct contact with a child in the care of the center, whether or not related to the licensee.

(15) “Inclement weather” means stormy or severe weather such as any of the following:

(a) Heavy rain.

(b) Temperatures above 90 degrees Fahrenheit.

(d) Wind chills of 20 degrees Fahrenheit or below for children under the age of 18 months.

(16) “Infant” means a child under one year of age.

(17) “In care” means the center is providing supervision, either on or off the premises, including during center-provided transportation, for the safety and the developmental needs of the child or children.

(17g) “Lead provider” means a provider who meets the requirements specified in s. DCF 250.05 (3) (b).

(17m) “Licensed hours” means the authorized hours specified on the license certificate and letter of transmittal within which the center may provide care.

(18) “Licensee” means the individual that has the legal and fiscal responsibility for the operation of a center and for meeting the requirements of this chapter.

(19) “Licensing representative” means a department employee responsible for licensing family child care centers.

(21) “Night care” means any care that is offered by a licensed family child care center between 10:00 p.m. and 5:00 a.m.

(21m) “Numerical weight” means a number based on a child’s age and is used to calculate the number of providers needed and the allowable group size for mixed-age groups of children.

(22) “Parent” means either “parent” as defined in s. 48.02 (13), Stats., or “guardian” as defined in s. 48.02 (8), Stats.

(23) “Physical restraint” means the use of physical force to restrict the free movement of all or a portion of a child’s body.

(26) “Premises” means the tract of land on which the center is located, including all buildings and structures on that land.

(26m) “Program aide” means a person who works under the supervision of a provider and assists with daily activities and maintenance of the program, such as preparing and participating in program activities and cleaning the premises.

(27) “Provider” has the meaning given in s. 48.67 (1b), Stats., and includes a lead provider or an assistant provider.

(28) “Provider’s own children” means a provider’s natural or adopted children, foster children, stepchildren, or other children who reside in the family child care center.

(29) “Representative of the department” means a department employee or a representative from an agency the department contracts with to provide pre-licensing services.

(30) “School-age child” means a child 5 years of age or older who is enrolled in a public or private school.

(30m) “Shaken baby syndrome” or “SBS” means a severe form of brain injury that occurs when an infant or young child is shaken or thrown forcibly enough to cause the brain to rebound against his or her skull.

(31) “Sleeping bag” means a padded fabric bag that is closed or capable of being closed on 3 sides.

(32) “Substitute” means a provider who replaces another provider on a pre-arranged basis.

(33) “Sudden infant death syndrome” or “SIDS” means the sudden death of an infant under one year of age that remains unexplained after a thorough case investigation, including performance of a complete autopsy, examination of the death scene and a review of the clinical history.

(34) “Supervision” means guidance of the behavior and activities of children while awake and asleep for their health, safety, and well-being by a provider who is within sight or sound of the children, except as specified in ss. DCF 250.055 (1) (m) and (n), 250.07 (7) (e), and 250.09 (1) (c) 4g.

(35) “Toddler” means a child at least one year of age but less than 2 years of age.

(36) “Universal precautions” means measures taken to prevent transmission of infection from contact with blood or other potentially infectious material, as recommended by the U.S. public health service’s centers for disease control and adopted by the U.S. occupational safety and health administration (OSHA) as 29 CFR 1910.1030.

(37) “Volunteer” means a person who is not paid, but who agrees to give time, with or without reimbursement for expenses, to transport children attending a family child care center or to work in a family child care center.

(38) “Wading pool” means a shallow pool, with sides of 15 inches or less in height, capable of being dumped to change water and used primarily for small children.

History

CR 03-052: cr. Register December 2004 No. 588, eff. 3-1-05; corrections in (2), (5), (11) (b), (14), (20) and (34) made under s. 13.92 (4) (b) 6. and 7., Stats., Register November 2008 No. 635; CR 07-102: cr. (4m), (11) (d), (13m), (14m) and (30m), am. (10), (11) (intro.), (15) (b) to (d), (18), (27), (28), (34) and (37) Register December 2008 No. 636, eff. 1-1-09; corrections in (27) and (34) made under s. 13.92 (4) (b) 7., Stats., Register December 2008 No. 636; CR 10-148: am. (13) Register August 2011 No. 668, eff. 9-1-11; correction in (2), (11) (b) made under s. 13.92 (4) (b) 7., Stats., Register September 2016 No. 729; EmR1918: emerg. r. and recr. (1), (2), cr. (3m), (5m), r. and recr. (6), am. (11) (b), (17), cr. (17m), am. (18), r. (20), am. (21), (27), (34), eff. 1-30-19; CR 19-089: r. and recr. (1), (2), cr. (3m), (5m), r. and recr. (6), am. (11) (b), (17), cr. (17m), am. (18), r. (20), am. (21), (27), (34) Register March 2020 No. 771, eff. 4-1-20, except (18), eff. 4-1-20 and 10-1-21; CR 20-003: renum. (14) to (8m) and am. Register July 2020 No. 775, eff. 8-1-20; CR 21-100: renum. (1) to (1r), cr. (1g), (14), am. (17), cr. (26m), am. (34) Register February 2023 No. 806, eff. 3-1-23; correction in (25) made under s. 13.92 (4) (b) 7., Stats., Register February 2023 No. 806; CR 26-010: cr. (1k), (1n), am. (7), (8), (9), (15) (c), (d), cr. (17g), (21m), r. (24), (25), r. and recr. (27) Register July 2026 No. 847, eff. 8-1-26.

Wis. Admin. Code § DCF 250.04 Operational requirements {#sec-dcf-250.04 omnilex-key=us-wi-regs-official--agency-dcf--DCF 250.04}

(1) Terms of license.

(a) The number of children in the care of a family child care center at any time may not exceed the number for which the center is licensed.

Note: Denying admission on the basis of race, disability, religion, or certain other characteristics may be illegal under the state public accommodations law, federal law related to the use of federal funding, and some local anti-discrimination ordinances.

(b) The age of children served by a center may not be younger or older than the age range specified in the license issued.

(2) Administration. A licensee shall do all of the following:

(a) Comply with all laws governing the facility and its operation.

(b) Comply with all requirements in this chapter.

(bm) Comply with all conditions placed on the license.

(cm) If residing in another state, designate in writing, as part of the application under s. DCF 250.11 (3) and (4), a Wisconsin resident who is responsible on behalf of the licensee for ensuring compliance with all requirements of this chapter.

(d) Prior to receiving or continuing a license, complete all application forms and pay all fees and forfeitures due to the department.

Note: The Department will provide an application after a Department representative completes the provision of pre-licensing technical assistance.

(e) Develop, submit to the department, implement, and provide to the parents written policies and procedures consistent with the requirements of this chapter related to all of the following:

Enrollment and discharge of enrolled children.
Fee payment and refunds.
Child and provider absences, including a procedure to contact a parent if a child is absent from the center without prior notification from the child’s parent.
Children’s and staff’s health care, including those policies and procedures pertaining to SIDS risk reduction, if the center is licensed to care for children under one year of age.
Nutrition.
Daily activities of the children.
Child guidance, including appropriate ways to manage crying, fussing or distraught children.
Transportation of children for any purpose including field trips. The policy shall include a procedure to ensure that no child has been left unattended in a vehicle.
Religious instruction or practices, if any.
Information related to the numbers, types and location of pets or other animals located on the premises of the center and the type of access the children will have to the pets.

(f) Develop, submit to the department, and implement a written orientation plan for any employees, substitutes, and emergency back-up providers. The orientation plan shall cover all the items described in s. DCF 250.05 (4) (a) and (b).

Note: See s. DCF 250.05 (2) (a) and (b) regarding providing an orientation to employees, substitutes and emergency back-up providers.

(g) Maintain liability insurance on the child care business if cats or dogs are allowed in areas accessible to children during the hours of operation. The insurance policy shall indicate the number of children covered and the dates of coverage.

(gm) Provide written information to parents on whether a licensee has insurance coverage on the premises and on the child care business.

Note: The information provided could be included as a rider on a homeowner policy or a separate insurance policy on the child care business. A certificate of insurance or other documentation from an insurance company that indicates the number of children covered, dates of coverage, and types of pets covered is acceptable.

(h) Post the child care license in a location where parents can see it during the hours of operation.

(i)

Post next to the child care license all of the following:

a. The current licensing statement of compliance or noncompliance statement and correction plan, including any rule violations the department has not verified as corrected and in compliance.

b. Any notice from the department related to rule violations, such as a warning letter or enforcement action.

c. Any stipulations, conditions, temporary closures, exceptions, or exemptions that affect the license.

All items posted as required under this paragraph shall be visible to parents.

(j) Ensure that any action, by commission or omission, or any condition or occurrence relating to the operation or maintenance of the child care center does not adversely affect the health, safety or welfare of any child under the care of the licensee.

(k) Meet, upon request of the department, with a licensing representative on matters pertaining to the license.

(L) Submit a completed background check request form to the department for each potential household member prior to the date on which the individual becomes a household member, unless the person is less than 10 years of age.

(m) When a current household member turns 10 years of age, submit a completed background check request form to the department by the department’s next business day.

Note: For more information on child care background checks, see ch. DCF 13. Information on requesting a background check is available on the department’s website, http://dcf.wisconsin.gov, through the Child Care Provider Portal, or from any regional licensing office in Appendix A.

(3) Reports. The licensee shall report to the department all of the following. If the report is made by telephone, the licensee shall submit a written report to the appropriate regional licensing office within 5 business days of the incident. Fax, e-mail and letter are acceptable ways of filing a written report:

(a) Any incident or accident that occurs while the child is in the care of the center that results in professional medical evaluation, within 24 hours of the licensee becoming aware of the medical evaluation.

Note: The licensee may use the licensee’s own form or the department’s form, Incident Report — Regulated Child Care. The department’s form is available on the department’s website, https://dcf.wisconsin.gov/cclicensing/ccformspubs.

(am) Any death of a child in care, within 24 hours after the death.

Note: The licensee may use either the licensees own form or the department’s form, Incident Report – Regulated Child Care. The form is available on the department’s website, https://dcf.wisconsin.gov/cclicensing/ccformspubs.

(ar) Any injury caused by an animal to a child in care, within 24 hours of the incident.

(b) Any damage to the premises that may affect compliance with this chapter, or any incident at the premises that results in the loss of utility services, within 24 hours after the occurrence.

(c) Any construction or remodeling on the premises that has the potential to affect an area accessible to children or a condition of the license. Notification shall be provided in writing before the construction or remodeling begins.

Note: See s. DCF 250.11 (6) (a) for items that affect a condition of the license.

Note: It is recommended that the licensee check with the local municipality to determine whether a building permit is required before beginning any construction or remodeling.

(d) If requested by the department, a plan of correction for cited violations of this chapter or ch. 48, Stats., in a format specified by the department. The department shall receive the plan of correction by the date the department specifies and be approved by the department licensing representative.

Note: The licensing representative will notify the licensee whether a plan of correction will be required and will provide the plan of correction format with the notification.

(e) Any known convictions, pending charges, or other offenses of the licensee, a provider, household member, or other person subject to a child care background check, by the department’s next business day.

(f) Any incident related to a child who leaves the premises of the center without the knowledge of a provider or any incident that results in a provider not knowing the whereabouts of a child in attendance at the center within 24 hours of the incident.

(g) Any incident involving law enforcement within 24 hours after the occurrence that:

Involves a licensee, a household resident or an employee of the center in an incident that causes, or threatens to cause, physical or serious emotional harm to an individual, including a child in the care of the center.
Involves any traffic-related incident where a person responsible for the violation transports children in the care of the center.

(h) Any change in room usage, such as using rooms not previously approved for use at least 20 working days prior to the change. Changes in room usage shall be approved by the department prior to the change.

(i) Any suspected abuse or neglect of a child by a provider, volunteer, or household member that was reported under sub. (8), including any incident that results in a child being forcefully shaken or thrown against a hard or soft surface during the child’s hours of attendance, within 24 hours after the incident.

(im) Any prohibited actions specified in s. DCF 250.07 (2) (c) by a provider, volunteer, or household member to a child in care, within 24 hours after the incident.

Note: See also s. DCF 250.07 (2) for information on guiding children’s behavior and s. DCF 250.07 (6) (b) regarding recording injuries in a center medical log,

(j) A change in transportation services at least 5 calendar days prior to the change. A change in transportation services shall be approved by the department.

(k) Statistical data required by the department on forms provided by the department.

Note: The Department periodically requests statistical data from licensees. An example of the type of data collected relates to the immunization status of children in care. When the Department requests statistical data, the Department will supply the appropriate form.

(L) Temporary closings lasting more than 2 weeks, at least 5 calendar days before the closing.

(Lm) Unexpected closures lasting more than 2 weeks, within 24 hours after the center has been closed for a 2-week period.

(m) Any confirmed case of a communicable disease reportable under ch. DHS 145 in a child enrolled in the child care center or a person in contact with children at the center, within 24 hours after the center is notified of the diagnosis. The licensee shall also notify the parents of all enrolled children and the local health department within 24 hours after the center is notified of the diagnosis.

(4) Parents.

(a) The center shall permit parents to visit and observe the center’s operations at any time during the center’s hours of operation unless parental access is prohibited or restricted by court order.

(b) The licensee shall give parents of each enrolled child a summary of this chapter.

Note: Copies of a summary of this chapter may be obtained from the Child Care Information Center by calling 1-800-362-7353.

The child is or has been exposed to a diagnosed or suspected communicable disease reportable under ch. DHS 145 as specified under sub. (3) (m).

Note: The Department of Health Services, Division of Public Health, has developed materials that identify those communicable diseases that are required to be reported to a local public health officer. These materials also provide information on the symptoms of each disease and guidance on how long an infected child must be excluded from child care. Copies of the communicable disease chart are available on the Department of Health Services website at https://www.dhs.wisconsin.gov/publications/p44397b.pdf.

Notification shall be made immediately and shall provide sufficient detail to apprise the parent in all of the following situations:

a. The child becomes ill.

b. The child needs professional evaluation of an injury.

c. The child experiences a head injury, has a seizure, consumes incorrect breastmilk, consumes food or drink that may contain the child’s allergen, consumes or comes in contact with poisonous materials, or is given incorrect medication. For purposes of this subdivision, a “head injury” means a bump, blow, or jolt to the head.

d. The child’s whereabouts are unknown to the assigned provider.

e. The child was subject to child guidance that is prohibited under s. DCF 250.07 (2) (c) and (d).

The child has sustained a minor injury that does not appear to require professional medical treatment. Notification may be made when the child is picked up at the center or delivered to the parent or other authorized person.
The child will be going on a field trip that is not considered part of the regularly scheduled program. Notification of the date, time, and destination shall be prior to the field trip.

(6) Children’s records.

(a) The licensee shall maintain a current written record at the center on each child enrolled, including the provider’s own children under age 7, and shall make the record available to the licensing representative on request. Each record shall include all of the following:

Enrollment information that includes all of the following:

a. The name and birthdate of the child.

b. The full names of the child’s parents.

c. The child’s home address and telephone number.

d. An address and telephone number where the parent can be reached while the child is in care.

e. The name, address, telephone number, and relationship to the child of a person to be notified in an emergency when a parent cannot be reached immediately.

f. The name, address, and telephone number of the child’s physician or medical facility caring for the child.

g. The names, addresses, and telephone numbers of persons other than a parent authorized to call for the child, pick up the child, or accept the child who is dropped off.

h. The child’s first day of attendance at the center.

Note: The licensee may use either the department’s form, DCF-F-CFS0062, Child Care Enrollment, or the licensee’s own form. The department’s form is available at https://dcf.wisconsin.gov/cclicensing/ccformspubs.

1m. Health history information that includes all of the following:

a. The name and birthdate of the child.

b. The full names of the child’s parents.

c. A telephone number where the parent can be reached while the child is in care.

d. The name, address, and telephone number of the physician or medical facility caring for the child.

e. The child’s medical conditions, such as asthma, cerebral palsy, diabetes, epilepsy, food allergies, or gastrointestinal or feeding concerns. If the child has a milk allergy, a statement from a medical professional indicating an acceptable alternative for the child.

f. If the child has a medical condition, triggers that may cause a problem, signs or symptoms for the provider to watch for, steps a provider should follow, when to call a parent regarding symptoms, when the condition requires emergency medical care, and identification of all providers who have received specialized training or instructions to help treat symptoms.

Note: The licensee may use the department’s form, DCF-F-CFS2345 Health History and Emergency Care Plan, or the licensee’s own form for obtaining the information.

If field trips and other off-premises activities are a part of the program, written authorization from the parent indicating that the child has permission to participate.

Note: The department’s form, Child Care Enrollment, includes a blanket authorization to take children on field trips. The department’s form, Field Trip or Other Activity Notification, or another type of notification such as a note to a parent may be used to provide specific information about a field trip. Information on how to obtain department forms is available on the department’s website, http://dcf.wisconsin.gov, or from any regional licensing office in Appendix A.

A written agreement, signed by the parent, outlining the plan for a child to come to the center from school, home or other activities and to go from the center to school, home or other activities unless the child is accompanied by a parent or other authorized person or the child is transported by the center.

Note: The licensee may use either the department’s form, Alternate Arrival/Release Agreement — Child Care, or the licensee’s own form for securing the parent’s signed agreement. Information on how to obtain the form is available on the department’s website, http://dcf.wisconsin.gov, or from any regional licensing office in Appendix A.

Documentation of each child’s most recent physical examination subject to the following:

a. Each child under 2 years of age, including a provider’s own children in care, shall have an initial health examination not more than 6 months prior to nor later than 3 months after being admitted to the center, and a follow-up examination at least once every 6 months thereafter.

b. Each child who is at least 2 years of age but who is not 5 years of age or older, including a provider’s own children in care, shall have an initial health examination not more than one year prior to nor later than 3 months after being admitted to a center, and a follow-up health examination at least once every 2 years thereafter.

c. Children 5 years of age and above are not required to have a health exam.

d. A health examination report shall be made on an electronic printout from a licensed physician, physician assistant, or other EPSDT provider or a form provided by the department that is signed and dated by a licensed physician, physician assistant, or other EPSDT provider.

Note: To document a health examination, use either an electronic printout from a medical professional or the department’s Form DCF-F-CFS0060, Child Health Report — Child Care Centers. The department’s form is available at https://dcf.wisconsin.gov/cclicensing/ccformspubs.

4m. Documentation that the child’s immunization history is in compliance with s. 252.04, Stats., and ch. DHS 144.

Note: To record immunization information, use either an electronic printout from the Wisconsin Immunization Registry or other registry maintained by a health provider or the Department of Health Services Form F-44192, Child Care Immunization Record. The form is available on the department’s website at https://dcf.wisconsin.gov/cclicensing/ccformspubs.

Written permission from the parents under s. DCF 250.07 (6) (k) for medical attention to be sought for the child if the child is injured.

(b) The licensee shall maintain a current, accurate written record of the daily attendance that includes the actual time of arrival and departure for each child and the child’s birthdate. The record shall be kept for the length of time the child is enrolled in the program.

Note: The licensee may use the department’s form, DCF-F-2438 Daily Attendance Record — Licensed Child Care Centers, or the licensee’s own form for recording a child’s daily attendance. The form is available at https://dcf.wisconsin.gov/cclicensing/ccformspubs.

(7) Confidentiality.

(a) The licensee is responsible for compliance by the center with s. 48.78, Stats., and this subsection.

(b) The licensee shall ensure that all of the following occur:

Persons with access to children’s records do not discuss or disclose personal information regarding the children and facts learned about the children and their relatives. This subdivision does not apply to any of the following:

a. The child’s parent.

b. Any person, business, school, social services provider, medical provider, or other agency or organization if written parental consent has been given.

c. Agencies authorized under s. 48.78, Stats.

A parent, upon request, has access to all records and reports maintained on his or her child.
All records required by the department under this chapter for licensing purposes are available to the licensing representative.

(8) Reporting child abuse or neglect. A licensee or provider who knows or has reasonable cause to suspect that a child who is known or seen by the licensee or provider in the course of their professional duties has been abused or neglected or that the child has been threatened with abuse or neglect and that abuse or neglect of the child will occur, shall immediately contact the county department of social services under s. 46.22, Stats.; the county department of human services under s. 46.23, Stats.; or, in a county having a population of 750,000 or more, the department; or a local law enforcement agency, in compliance with s. 48.981 (3) (a), Stats.

Note: Child care providers are required to report known or suspected child abuse or neglect as specified in par. (a). Reporting to the licensee does not lessen this legal duty if the licensee fails to report as specified in par. (a).

Note: See s. DCF 250.07 (6) (b) for information about logging evidence of unusual bruises, contusions, lacerations, or burns received by a child in or out of center care in the center medical log book.

History

CR 03-052: cr. Register December 2004 No. 588, eff. 3-1-05; corrections in (2) (f), (g), (5) (b), (c), (d), (g) and (6) (a) 5. made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; CR 07-102: am. (2) (e) 3., 7., 8., (g), (h), (i), (3) (intro.), (a), (e), (i), (j), (5) (intro.), (d), (g), (6) (a) (intro.), 3. and (b), cr. (2) (L), (m), (3) (L), (m), (4) (c), (5) (h), (i), (j) and (k) Register December 2008 No. 636, eff. 1-1-09; corrections in (3) (m), (4) (c) 1., (5) (d), (h), (i) and (j) made under s. 13.92 (4) (b) 7., Stats., Register December 2008 No. 636; 2015 Wis. Act 132: am. (2) (g), (6) (a) 1. Register February 2016 No. 722, eff. 3-1-16; corrections in (5) (b), (c) made under s. 13.92 (4) (b) 7., Stats., Register September 2016 No. 729; EmR1918: emerg. cr. (2) (bm), am. (2) (e) (intro.), (f), r. and recr. (2) (i), (L), (m), am. (3) (a), cr. (3) (am), (ar), am. (3) (b), (e), (i), cr. (3) (im), am. (3) (L), (m), (4) (c) 1., r. and recr. (4) (c) 2., 4., r. (5), r. and recr. (6) (a) 2., 4., cr. (6) (a) 4m., r. (6) (a) 6., (c), am. (7) (b) 1. (intro.), r. and recr. (7) (b) 1. a., b., am. (8) (title), eff. 1-30-19; CR 19-089: cr. (2) (bm), am. (2) (e) (intro.), (f), r. and recr. (2) (i), (L), (m), am. (3) (a), cr. (3) (am), (ar), am. (3) (b), (e), (i), cr. (3) (im), am. (3) (L), (m), (4) (c) 1., r. and recr. (4) (c) 2., 4., r. (5), r. and recr. (6) (a) 2., 4., cr. (6) (a) 4m., r. (6) (a) 6., (c), am. (7) (b) 1. (intro.), r. and recr. (7) (b) 1. a., b., am. (8) (title) Register March 2020 No. 771, eff. 4-1-20; correction in (3) (i) made under s. 35.17, Stats., Register March 2020 No. 771; CR 20-003: r. (1) (bm), am. (2) (g), (6) (a) 4. d. Register July 2020 No. 775, eff. 8-1-20; CR 21-100: cr. (2) (cm), am. (2) (g), cr. (2) (gm), (3) (Lm), am. (4) (c) 2. (intro.), cr. (4) (c) 2. d., e., r. and recr. (6) (a) 1., cr. (6) (a) 1m., am. (6) (b), renum. (8) (a) to (8), r. (8) (b) Register February 2023 No. 806, eff. 3-1-23; correction in (3) (i) made under s. 13.92 (4) (b) 7., Stats., Register February 2023 No. 806; CR 26-009: am. (8) Register July 2026 No. 847, eff. 8-1-26; correction in (8) made under s. 35.17, Stats., Register July 2026 No. 847.

Wis. Admin. Code § DCF 250.05 Staff {#sec-dcf-250.05 omnilex-key=us-wi-regs-official--agency-dcf--DCF 250.05}

(1) Definition. In this section, the “Wisconsin Registry” means a brand of The Registry, Inc., a professional development recognition agency.

Note: For further information, see https://www.wiregistry.org.

(2) Staff records. A licensee shall maintain a file for each provider, employee, volunteer, or substitute and shall make the file immediately available for review by a licensing representative at the center. The file shall contain all of the following:

(a) The employee’s name, address, date of birth, education, position, previous work experience in child care, including the reason for leaving previous positions, and the name, address, and telephone numbers of persons to be notified in an emergency.

Note: The licensee may use the department’s form, DCF-F-CFS0053 Staff Record - Child Care Centers, or the licensee’s own form for recording staff information. The form is available at https://dcf.wisconsin.gov/cclicensing/ccformspubs.

(b) Documentation from the department, either paper or electronic, that indicates that a child care background check was completed in compliance with the timelines and requirements specified in s. 48.686, Stats., and ch. DCF 13, and the person is eligible to work in a child care program.

(c) Documentation of the actual hours a provider, substitute, employee, or volunteer worked if the hours were used to meet the applicable staff-to-child ratio under s. DCF 250.055 (2) (b) and (c).

(d)

Except as provided under subd. 2., a physical examination report completed within 12 months before or 30 days after the person became licensed or began working with children in care. The physical examination report may be a printout of an electronic record from a medical professional or on a form provided by the department. The report shall be dated and signed by a licensed physician, physician’s assistant, or other EPSDT provider and shall indicate all of the following:

a. The person is free from illness detrimental to children, including tuberculosis.

b. The person is physically able to work with young children.

Note: The optional Form DCF-F-CFS0054, Staff Health Report — Child Care Centers, is available on the department’s website, https://dcf.wisconsin.gov/cclicensing/ccformspubs.

The health examination requirement under subd. 1. does not apply to a provider who requests an exemption from subd. 1. based on the provider’s adherence to religious belief in exclusive use of prayer or spiritual means for healing in accordance with a bona fide religious sect or denomination.

(e)

Except as provided in subd. 2., a certificate from the Wisconsin Registry that indicates the person is qualified for the position the later of 6 months after becoming licensed or beginning to work with children in care.

a. A person is exempt from the requirement under subd. 1. if the person has been licensed or provided care for children in licensed child care continuously since December 31, 2008, including any combination of licensure or employment in a family child care center licensed under this chapter, a group child care center licensed under ch. DCF 251, or a day camp licensed under ch. DCF 252.

b. A substitute is not required to have a certificate from the Wisconsin Registry until the substitute has worked for 240 cumulative hours.

(f) Documentation of compliance with continuing education requirements under sub. (4) (c).

(g) Documentation of compliance with orientation requirements under sub. (4) (a).

(3) Qualifications of staff.

(a) A provider shall be physically, mentally, and emotionally able to provide responsible care to all children, including children with disabilities.

(b) Before beginning to work with children in care, a lead provider shall be at least 18 years of age and satisfactorily complete one of the following:

All of the following:

a. Three credits in early childhood education or a department-approved, non-credit course in early childhood education.

Note: The non-credit course called Introduction to the Child Care Profession is the course that has been approved by the department. Information on other acceptable courses and agencies offering department-approved courses is available on the department’s website at https://dcf.wisconsin.gov/cclicensing.

b. A noncredit, department-approved course in operating a child care business or 2 credits in business or program administration. A person is exempt from this requirement if the person has been licensed or provided care for children in regulated child care continuously since December 31, 2008, including any combination of licensure under s. 48.65, Stats., certification under s. 48.651, Stats., or employment in a licensed child care center or for a certified child care operator.

Note: The non-credit course entitled Fundamentals of Family Child Care is approved by the department to meet this requirement. A credit-based course in a business topic may also be used. Information on agencies offering the department-approved course is available on the department’s website at https://dcf.wisconsin.gov/cclicensing.

The Registry Family Child Care Credential.
A child development associate credential in family child care issued by the Council for Professional Recognition.

(bm) An assistant provider shall meet all of the following conditions:

Be at least 16 years old.
Work under the supervision of a lead provider with a group of children.
Satisfactorily complete at least one of the following within 6 months after assuming the position:

a. Two credits in early childhood education or its equivalent.

b. One noncredit, department-approved course in early childhood education.

Note: Introduction to the Child Care Profession is the noncredit course that is approved by the department to meet the entry level training requirements for an assistant provider. Information on agencies offering the department-approved course is available on the department’s website at https://dcf.wisconsin.gov.

c. An assistant child care teacher training program approved by the department of public instruction.

(c) A substitute or volunteer that is used to meet the required staff-to-child ratio shall meet the training requirements specified in par. (bm) by the time the substitute or volunteer has worked in the center for a total of 240 hours.

(cm) A volunteer that is used to meet the required staff-to-child ratios under s. DCF 250.055 (2) (b) and (c) shall be at least 18 years of age.

(e)

Within 3 months after licensure or date of hire, each licensee and provider shall obtain a certificate of completion for a department-approved course in infant and child cardiopulmonary resuscitation, including training in the use of an automated external defibrillator.
Each licensee and provider shall maintain a current cardiopulmonary resuscitation certification as specified under subd. 1.
The time spent obtaining or renewing cardiopulmonary resuscitation training may be counted towards the required continuing education hours under sub. (4) (c).

(em) Within 3 months after licensure or date of hire, each licensee and provider shall complete a training in pediatric first aid procedures.

(f) Each licensee and provider shall have satisfactorily completed at least 10 hours of department-approved training in the care of infants and toddlers within 6 months after becoming licensed or working with children in care under 2 years of age.

(fm) Prior to working with children in care and at least every 2 years thereafter, each provider and substitute shall complete training in all of the following:

Child abuse and neglect laws.
How to identify children who have been abused or neglected.
The procedure for ensuring that all known or suspected cases of child abuse or neglect are immediately reported to the proper authorities.

(g) Prior to obtaining a license or working with children in care under 5 years of age, a licensee, provider, substitute, volunteer, emergency back-up, or any other person providing care and supervision shall satisfactorily complete department-approved training in shaken baby syndrome and abusive head trauma, and appropriate ways to manage crying, fussing, or distraught children.

Note: The department-approved training is included in the course called Health, Safety and Nutrition offered by a Wisconsin technical college or in the non-credit, department-approved courses called Introduction to the Child Care Profession and Fundamentals of Infant and Toddler Care, if the course was taken after July 1, 2005. Information on agencies offering the department-approved courses is available on the department’s website at https://dcf.wisconsin.gov/cclicensing.

(gm) A program aide shall meet all of the following conditions:

Be at least 16 years old.
Work under the direction and supervision of a child care provider.
Satisfactorily complete at least one of the following no later than 6 months after assuming the position:

a. An assistant child care teacher training program approved by the Wisconsin department of public instruction.

b. A noncredit department-approved course on early childhood education.

Note: Introduction to the Child Care Profession is the noncredit course approved by the department to meet the entry-level training requirements for a program aide.

A program aide may not be counted in the required staff-to-child ratios under Table 250.055.

(h) No person or agency may offer non-credit child care training as specified in this subsection unless the person or agency and the course have been approved by the department. The department may at any time withdraw its approval of a non-credit course. Instructors of non-credit department-approved courses shall be approved by the department prior to teaching a course.

Note: Information on the approval process for non-credit courses is available on the department’s website at https://dcf.wisconsin.gov/cclicensing.

(4) Staff development.

(a) Orientation of employees, volunteers, and substitutes. The licensee shall provide each provider, employee, volunteer, or substitute with an orientation before the individual begins to work with children in care. The orientation shall be documented on a form initialed and dated by the staff person and licensee. The orientation shall cover all of the following:

The names and ages of all the children in care.
Current arrival and departure information for each child enrolled and the names of people authorized to pick up the child.
A review of children’s records, including emergency contact information.
Specific information relating to each child’s health care needs, including medications, disabilities, or special health conditions.
If the center is licensed to care for children under one year of age, procedures to reduce the risk of sudden infant death syndrome.
An overview of the daily schedule, including meals, snacks, nap, and any information related to the eating and sleep schedules of infants and toddlers enrolled in the center.
A review of the center’s procedures for dealing with emergencies, including natural disasters, human-caused events, food emergencies, and allergic reactions.
If the center is licensed to care for children between the hours of 10:00 p.m. and 5:00 a.m., the plan for evacuating sleeping children.
The prevention and control of infectious diseases, including immunizations.
The administration of medications.
The handling and storage of hazardous materials and disposal of biocontaminants. In this subdivision, “biocontaminants” includes blood, body fluids, or excretions that may spread infectious disease.
The center policies and procedures required under s. DCF 250.04 (2) (e).
The provisions in this chapter.
The reporting requirements for the child care background check under s. DCF 13.07 (3).

Note: The licensee may use the department’s form, DCF-F-CFS2255, Staff Orientation Checklist - Family Child Care Centers, or the licensee’s own form to document completion of employee orientation. The form is available at https://dcf.wisconsin.gov/cclicensing/ccformspubs.

(b) Orientation of emergency back-up providers. Each time an emergency back-up provider cares for the children, the emergency back-up provider shall receive an orientation immediately before being left alone with the children. The orientation shall cover all of the following:

The names and ages of all the children in care.
Arrival and departure information for each child in care, including the names of people authorized to pick up the child.
The location of children’s files, including emergency contact information and consent for emergency medical treatment.
Information on any children with special health care needs.
Procedures to reduce the risk of sudden infant death syndrome, if the center is licensed to care for children under one year of age.

Each licensee and provider shall satisfactorily complete at least 15 hours of qualifying continuing education annually. Continuing education qualifies under this paragraph if it covers any of the following:

a. Prevention and control of infectious diseases.

b. Medication administration.

c. Prevention of and response to emergencies due to food and allergic reactions.

d. Identification of and protection from hazards.

e. Building and physical premises safety.

f. Emergency preparedness and response planning.

g. Handling and storage of hazardous materials.

h. Handling and disposal of biocontaminants.

i. Child growth and development.

j. Caring for children with disabilities.

k. Guiding children’s behavior.

L. Nutrition.

m. Physical activity.

n. Transportation safety.

o. Identification and reporting of suspected child abuse or neglect.

p. Cardiopulmonary resuscitation.

q. First aid.

r. Business operations.

s. Any other topic that promotes child development or protects children’s health or safety.

Continuing education under subd. 1. may be obtained through attendance at training events, workshops, conferences, consultation with community resource people, web-based training, observation of child care programs, independent reading, or viewing educational materials.
A provider shall have documentation of the 12-month period included in the provider’s training year for meeting continuing education requirements and begin a new training year in the same month each year.

Note: The licensee may use either the department’s form, DCF-F-CFS0053, A Staff Continuing Education Record - Child Care Centers, a copy of the individual’s learning record from the Wisconsin Registry, or the licensee’s own form to document the completion of continuing education. The department’s form is available at https://dcf.wisconsin.gov/cclicensing/ccformspubs.

History

CR 03-052: cr. Register December 2004 No. 588, eff. 3-1-05; corrections in (1) (b) 2., (c), (3) (j) and (4) (b) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; CR 07-102: am. (1) (a), (1) (b) 3., 4., 5., (2) (a) 3., (b) 3. and Table, renum. (1) (b) 1. to be (1) (b) 1. a. and am., cr. (1) (b) 1. b., 6., 7., (2) (a) 10., 11., 12., 13., (3) (L), (m) and (4) (d), r. and recr. (1) (b) 2., (c) and (3) (e) Register December 2008 No. 636, eff. 1-1-09; corrections in (2) (a) 11., 13., (3) (e), (m) and Table made under s. 13.92 (4) (b) 7., Stats., Register December 2008 No. 636; EmR1918: emerg. r. and recr., eff. 1-30-19; CR 19-089: r. and recr. Register March 2020 No. 771, eff. 4-1-20; CR 20-003: am. (2) (d) 1. Register July 2020 No. 775, eff. 8-1-20; CR 21-100: am. (1), r. and recr. (2) (a), consol. (2) (e) 1. (intro.) and a. and renum. to (2) (e) 1. and am., r. (2) (e) 1. b., am. (2) (e) 2., cr. (2) (g), am. (3) (b) 1. b., 2., cr. (3) (fm), (gm), am. (4) (a) (intro.), r. (4) (a) 8., am. (4) (c) 2., r. (4) (c) 3. Register February 2023 No. 806, eff. 3-1-23; CR 26-009: cr. (3) (em) Register July 2026 No. 847, eff. 8-1-26; CR 26-010: am. (2) (c), r. and recr. (3) (a), am. (3) (b) (intro.), cr. (3) (bm), am. (3) (c), (cm), r. (3) (d), am. (4) (a) (intro.) Register July 2026 No. 847, eff. 8-1-26; correction in (3) (gm) 4. made under s. 35.17, Stats., Register July 2026 No. 847.

Wis. Admin. Code § DCF 250.055 Supervision and grouping of children {#sec-dcf-250.055 omnilex-key=us-wi-regs-official--agency-dcf--DCF 250.055}

(1) Supervision.

(a) Each child shall be supervised by a provider to guide the child’s behavior and activities, prevent harm, and ensure safety.

(b) A provider shall be awake at all times when children are in care.

(d) No child may be in care for more than 14 hours in any 24-hour period.

(e) At least one lead provider who has completed the training required under s. DCF 250.05 (3) (b) shall supervise children at all times, except as provided in par. (em).

(em) If a substitute is providing care and 2 providers are required to meet staff-to-child ratios, at least one provider who has completed the training required under s. DCF 250.05 (3) (b) or (bm) shall supervise children at all times.

(f) No person under 18 years of age may be left in sole charge of the children.

(g) The center shall have a written plan reviewed by the department for ensuring supervision of the children in an emergency or during a provider’s absence.

(h) A provider may not be engaged in any other activity or occupation during the hours of operation of the center when children are in care, except for daily maintenance of the home.

(i) The licensee may not combine the care of children enrolled in the child care center with foster care of other non-related children or adults without the prior written approval of both licensing agencies.

(j) During the hours of the center’s operation, no provider or any other person in contact with children in care may consume or be under the influence of beverages containing alcohol or any non-prescribed controlled substance specified in ch. 961, Stats.

(k) A child may not be released to any person who has not been previously authorized by the parent to receive the child.

(L) The licensee shall implement and adhere to a procedure to ensure that the number, names, and whereabouts of children in care are known to the provider at all times.

(m) A provider shall be outside with children and provide sight and sound supervision of the children, unless the children are playing inside the enclosed outdoor area on the premises specified under s. DCF 250.06 (11) (b).

(n) A provider shall be outside with children providing sight and sound supervision of the children when a wading pool containing water is present in the outdoor play space specified in s. DCF 250.06 (11) (b).

(2) Grouping of children.

(a) At no time may more than 12 children be in the care of the center. This limitation applies to all of the following:

All children under 7 years of age, including a provider’s own children.
All children 7 years of age or older who are not a provider’s own children.

(b) A licensee shall do all of the following to determine if more than one provider is required for a group of children:

For each child in the group, determine the numerical weight for the child’s age group based on Table 250.055.
Add the total of all of the numerical weights for each child in the group.
If the total of the numerical weights is 1.2 or less, one provider may care for the group.
If the total of the numerical weights is more than 1.2, two providers are required.

(c)

If one provider is caring for 4 children who are under the age of 18 months, the center may only enroll additional children who are 5 years of age and older.
If 2 providers are caring for 8 children under the 18 months of age, the center may only enroll additional children who are 5 years of age and older.

(d) When care is provided on a level that is more than 6 feet above or below ground level, no more than 2 children under 18 months of age per provider may be in care.

Note: Section DCF 250.06 (4) (a) 2. requires an interconnected smoke detection system in operating condition if one or more children under 2 years of age will be cared for in a location that is more than six feet above or below the ground level.

Note: To determine the number of providers required for a group of children, the licensee may use the online calculator available on the department’s website https://dcf.wisconsin.gov/cclicensing/staff-calculators or the worksheet, Child Care Provider-To-Child Ratio Worksheet - Family Child Care Centers, that is available at https://dcf.wisconsin.gov/cclicensing/ccformspubs.

History

EmR1918: emerg. cr., eff. 1-30-19; CR 19-089: cr. Register March 2020 No. 771, eff. 4-1-20; CR 21-100: r. and recr. (2) (d) Register February 2023 No. 806, eff. 3-1-23; CR 26-010: am. (1) (e), cr. (1) (em), am. (2) (a) (intro.), r. and recr. (2) (b), (c), am. (2) (d), r. and recr. Table 250.055 Register July 2026 No. 847, eff. 8-1-26; correction in (2) (b) 1. made under s. 35.17, Stats., and correction in Table 250.055 (title) made under s. 13.92 (4) (b) 2., Stats., Register July 2026 No. 847.

Wis. Admin. Code § DCF 250.06 Physical plant and equipment {#sec-dcf-250.06 omnilex-key=us-wi-regs-official--agency-dcf--DCF 250.06}

(1) Building.

(a) Conformance with building codes. Family child care centers located in a building that is not a one or 2-family dwelling shall conform to the applicable Wisconsin commercial building codes. A copy of a building inspection report evidencing compliance with the applicable building codes shall be submitted to the department prior to the department’s issuance of a license.

Note: The building inspection report should be sent to the appropriate regional office listed in Appendix A.

(b) Space and temperature.

A center shall have at least 35 square feet of usable floor space per child. Usable floor space for children does not include passageways, bathrooms, lockers, storage areas, the furnace room, the part of the kitchen occupied by stationary equipment, space occupied by furniture that is not intended for children’s use, and areas not available to children for all hours of operation.
The inside temperature of the center may not be less than 67 degrees Fahrenheit.
If the inside temperature at the center exceeds 80 degrees Fahrenheit, the licensee shall provide for air circulation with safe fans, air conditioning, or other means.
There shall be at least one toilet with plumbing and one sink with hot and cold running water available for use by children in care in the center. The hot water temperature may not exceed 120 degrees Fahrenheit.

(2) Protective measures.

(a) Furnaces, water heaters, steam radiators, fireplaces, wood burning stoves, electric fans, electric outlets, electric heating units and hot surfaces such as pipes shall be protected by screens or guards so that children cannot touch them.

(b) Firearms, ammunition, and bows and arrows with sharp tips located on the premises or in a vehicle used to transport children shall be kept in locked storage and may not be accessible to children.

(c) Potentially dangerous items and materials harmful to children, including power tools, flammable or combustible materials, insecticides, matches, drugs, and any articles labeled hazardous to children, shall be in properly marked containers and stored in areas inaccessible to children.

(d) The center shall have at least one working telephone with a list of emergency telephone numbers, including telephone numbers for the local fire department, police department, law enforcement agency, poison control center, and emergency medical service, posted in a location known to all providers.

(e) The center’s indoor and outdoor child care space shall be free of hazards including any recalled products.

Note: Lists of recalled products are available on the Department of Agriculture, Trade and Consumer Protection website at https://datcp.wi.gov/Pages/Publications/KeepYourKidsSafeNewsletter.aspx or by contacting the United States Consumer Products Safety Commission (US CPSC) at 1-800-638-2772.

(f) A motor vehicle shall be immediately available at the center at all times in case of an emergency if an ambulance or first response unit cannot arrive within 10 minutes of a phone call.

(g) Differences in elevation of more than 18 inches, either indoors or outdoors, including open sides of stairways, elevated platforms, walks, balconies, and mezzanines used by children shall be protected by railings at least 36 inches high and designed to prevent the passage of an object with a diameter larger than 4 inches through any openings in the railing bars.

(h) Smoking is prohibited anywhere on the premises of a center or in a vehicle used to transport children when children are in care.

Note: Section DCF 250.03 (26) defines “premises” as the tract of land on which the center is located, including all buildings and structures on that land.

(i) A hot tub located in a room or area accessible to children shall have a visible, locked, rigid cover or be enclosed by a locked fence at least 4 feet tall. The lock shall be installed so that the lock is inaccessible to children.

(j) If a hot tub is located in a room or area that is not intended for use by children, access to the room or area shall be controlled through the use of a visibly locked door. The lock shall be installed so that the lock is inaccessible to children.

(k) The premises shall have no flaking or deteriorating paint on exterior or interior surfaces in areas accessible to children. Lead-based paint or other toxic finishing material may not be used on any surface on the premises.

(L)

A family child care center in a one-family or two-family residence shall have a carbon monoxide detector installed in the basement and on each floor level, except the attic, garage, or storage area of each unit, in accordance with the requirements of s. 101.647, Stats.
A family child care center in a building with at least 3 residential units shall have one or more functional carbon monoxide detectors installed in accordance with the requirements of s. 101.149, Stats.

(m) The premises shall be well-drained, free from litter and vermin, in good repair, and maintained in a sanitary condition.

(n)

a. Each licensee shall test or have a test conducted for radon gas levels in the lowest level of the center that is used by children in care for at least 7 hours per week. The test shall be conducted for a minimum of 48 hours with the center’s windows closed.

b. In a center licensed prior to March 1, 2023, a test for radon gas levels shall be conducted no later than September 1, 2023.

c. In a center licensed on or after March 1, 2023, a test for radon gas levels shall be conducted within 6 months prior to providing care for children.

The licensee shall submit a copy of the radon test results under subds. 1. and 5. to the department within 5 days after receipt.
The lowest level of a center that is used by children in care for at least 7 hours per week may not have radon gas levels that exceed 4 picocuries per liter of air, except as provided in subd. 4. b.
If the levels of radon gases exceed 4 picocuries per liter of air in the lowest level of the center, the licensee shall do all of the following:

a. Notify the parents of children in care.

b. Have a radon mitigation system installed, test for radon gas levels following the procedures specified in subd. 1. a., and submit radon test results that meet the standard in subd. 3. to the department within 12 months after the date of the test under subd. 1.

The licensee shall test radon gas levels in the center every 2 years after the test under subd. 1. or, if a radon mitigation system was installed, every 2 years after the test under subd. 4. b. The test shall be conducted following the procedures specified in subd. 1. a.

Note: For more information, contact the state radon office or local radon information center at https://www.dhs.wisconsin.gov/radon/infocenters.htm.

(3) Emergency plans and drills.

(a) Each center shall have a written plan for taking appropriate action in the event of an emergency, including a fire, a tornado, a flood; extreme heat or cold; a loss of building services, including no heat, water, electricity, or telephone; human-caused events, such as threats to the building or its occupants; allergic reactions; lost or missing children; vehicle accidents; or other circumstances requiring immediate attention. The plan shall include specific procedures that address all of the following:

Evacuation, relocation, shelter-in-place, and lock–down.
Ensuring that the needs of infants and toddlers, children with chronic medical conditions, and children with disabilities are met.
Communication with parents.
Connecting children with their parents if the center is required to evacuate the building.
Continuity in operations, including steps the center will take to demonstrate that they are prepared to resume business, when possible, following an emergency.

(b) The center shall practice the fire evacuation plan monthly, and the tornado plan monthly from April to October, with all volunteers, employees, and enrolled children and shall document when the plans were practiced.

Note: The licensee may use either the department’s form, Fire Safety and Emergency Response Documentation — Family Child Care Centers, or the licensee’s own form to document when the fire and tornado emergency plans were practiced. Information on how to obtain the department’s form is available on the department’s website, http://dcf.wisconsin.gov, or from any regional licensing office in Appendix A.

(4) Fire protection.

(a)

A center shall have a smoke detector installed according to the manufacturer’s instructions and maintained in operating condition at the head of every open stairway, on each level of the center, and in all areas used for nap or rest periods.

Note: The smoke detector at the head of an open stairway may also serve as the smoke detector for that level of the center.

A center shall have an interconnected smoke detection system in operating condition if one or more children under age 2 will be cared for on a level that is more than 6 feet above or below ground level.
All smoke detectors shall be tested monthly, and a record shall be kept of the time, date, and results of the test. A smoke detector shall be immediately repaired or replaced if any unit or part of a unit is found to be inoperative.

Note: The licensee may use either the department’s form, DCF-F-CFS0460 Safety and Emergency Response Documentation – Family Child Care Centers, or the licensee’s own form to record the results of smoke detector tests. The department’s form is available at https://dcf.wisconsin.gov/cclicensing/ccformspubs.

The battery in a single-station battery-operated smoke detector shall be replaced at least once each year.

(b) An operable fire extinguisher with a minimum rating of 2A-10BC shall be provided for the kitchen and cooking area and inspected annually, and a provider shall know how to use it. Inspection tags are not required, but documentation of the inspection must be kept on file at the center.

Note: Licensees or a commercial fire extinguisher inspector may inspect fire extinguishers.

(d) A woodburning stove may be used only if it meets standards specified under s. SPS 323.045.

(6) Water.

(a) A safe supply of drinking water shall be available to children and staff at all times from a drinking fountain of the angle jet type or by use of a disposable or reusable cup or water bottle. Common use of drinkware is prohibited.

(b) If a center gets its water from a private well, the center shall comply with all of the following:

a. The center shall have water samples from the well tested for total coliform and Escherichia coli (E. coli) bacteria annually using a laboratory certified by the department of agriculture, trade and consumer protection as specified in ch. ATCP 77. The laboratory report shall be available to the department upon request.

b. If the water test results indicate the presence of total coliform or E. coli bacteria, the water system shall be appropriately disinfected or treated and retested until it is determined to be free of bacteria. An alternative source of water shall be used for drinking and preparing food or infant formula until the well is free from bacteria.

Note: A list of laboratories certified to test for bacteria can be found on the Department of Natural Resources website: www.dnr.wi.gov.

Note: Alternative sources of drinking water can include bottled water and water from a public water system that meets drinking water standards.

a. The center shall have water samples from the well tested for nitrate annually using a laboratory certified under ch. NR 149. The laboratory report shall be available to the department upon request.

b. If water test results indicate nitrate levels are above 10 mg/L, an alternative source of water shall be used for drinking and preparing food or infant formula until nitrate levels are below 10 mg/L.

Note: A list of laboratories certified to test for nitrate can be found on DNR’s website: www.dnr.wi.gov.

Note: Alternative sources of drinking water include bottled water, water that has been treated with a device certified by the department of safety and professional services to remove nitrate, and water from a public water system that meets drinking water standards.

a. The center shall have the well tested for lead every 5 years using a laboratory certified by the department of natural resources under ch. NR 149. The laboratory report shall be available to the department upon request.

b. If water test results indicate lead levels are above 15 micrograms per liter (μg/L), an alternative source of water shall be used for drinking and preparing food or infant formula until action is taken to reduce lead levels below 15 μg/L as confirmed by an additional water test.

Note: A list of laboratories certified to test for lead can be found on DNR’s website: www.dnr.wi.gov.

Note: Alternative sources of drinking water include, but are not limited to, bottled water, and water from a source known to be low in lead, such as a public water system that meets drinking water standards.

(7) Exits, doors and windows.

(a) Exits.

All exits shall be clear of obstructions.
Each floor or level occupied by children shall have at least 2 exits.
Exits shall be located as far apart as practical.
The width of every exit door shall be at least 2 feet 6 inches.
The primary exit shall be a door or stairway providing unobstructed travel to the outside of the building at street or ground level.
The secondary exit shall be one of the following:

a. A door or stairway that provides unobstructed travel to the outside of the building at street or ground level.

b. A door or stairway leading to a platform or roof with railings complying with sub. (2) (g), which has an area of at least 25 square feet, is at least 4 feet long, and is not more than 15 feet above ground level.

c. Except in an upstairs duplex, a window that is not more than 46 inches above the floor, capable of being opened from the inside without the use of a tool or removal of a sash, and which has a nominal window opening size of at least 20 inches in width and 24 inches in height.

d. A center located in the upstairs unit of a duplex shall have 2 exits leading directly to the ground floor or to a platform as described in subd. 6. a. and b.

If care is provided in a basement, all of the following apply:

a. The primary exit shall be a door or stairway that provides unobstructed travel to the outside of the building at street or ground level.

b. The secondary exit shall be either a door or stairway leading to the ground level or a window not more than 46 inches above the floor that is capable of being opened from the inside without the use of tool or removal of a sash, and which has a nominal window opening size of at least 20 inches in width and 24 inches in height. The window shall open directly to the ground or to a window well with an area of at least 6 square feet that is not more than 46 inches below the ground.

(b) Doors and windows.

Every closet door latch shall be capable of being opened by children from inside the closet.
Every toilet room door lock shall be designed to permit the locked door be opened from the outside in an emergency, and the opening device shall be readily accessible to a provider.
Windows that are capable of being opened and located in areas of the center that are accessible to children shall have screens.

(9) Food preparation and service.

(a) Equipment and utensils for preparing, serving and storing food shall be clean and equipped for the safe handling of food. Eating surfaces shall be washed before use.

(b) Reusable eating and drinking utensils shall be thoroughly cleaned with detergent and hot water and rinsed after use. Single use articles such as food containers designed to be used only once and discarded including plastic silverware, paper or styrofoam cups and plates may not be reused.

(c) Food shall be clean, wholesome, free from spoilage and from adulteration and misbranding, and safe for human consumption. Meat, poultry, fish, molluscan shellfish, eggs, and dairy products shall be from an inspected source.

(d) Food shall be covered and stored at temperatures that protect against spoilage. Refrigerators shall be maintained at 40 degrees Fahrenheit or lower and freezers shall be maintained at 0 degrees Fahrenheit or lower.

(e) Extra food that was prepared but not served shall be dated, refrigerated promptly, and used within 36 hours, or frozen immediately for use within 6 months.

(f) Food shall be provided based on the amount of time children are in care, as specified in Table 250.06.

(g) Food shall be served at flexible intervals, but no child may go without nourishment for longer than 3 hours.

(h) At a minimum, children shall be provided food for each meal and snack that meets the U.S. department of agriculture child and adult care food program minimum meal requirements.

Note: The USDA meal program requirements are found on the U.S. Department of Agriculture website, http://www.fns.usda.gov/cacfp/meals-and-snacks.

(i) Additional portions of vegetables, fruits, bread, and milk shall be available.

(j) Accurate records of meals and snacks served to children shall be available for review by parents and the licensing representative. Written records of meals and snacks served to children shall be retained for 3 months.

(k) When food for a child is provided by a child’s parent, the licensee shall give the parent information about the requirements for food groups and quantities specified by the U.S. department of agriculture child and adult care food program minimum meal requirements.

(L) A child enrolled in school who is in attendance at the center when a meal or snack is served shall be offered the meal or snack.

(m) A special diet based on a medical condition, excluding food allergies, but including nutrient concentrates and supplements, may be served only upon written authorization of a child’s physician and upon the request of the parent.

(n) A special diet based on a food allergy may be served upon the written request of the parent.

(11) Outdoor space.

(a) Requirement for outdoor play space. A center shall have outdoor play space if any child is receiving care for more than 3 hours a day.

(b) Required features of outdoor play space. Except when an exemption is requested and approved by the department under par. (c), a center shall comply with all of the following requirements for outdoor play space:

The outdoor play space shall be on the premises of the center.
There shall be at least 75 square feet of outdoor play space for each child based on the center’s licensed capacity.
Structures such as playground equipment, railings, decks, and porches accessible to children and built with CCA-treated lumber shall be sealed with an oil-based sealant or stain at least every 2 years.

3m. Wood treated with creosote or pentachlorophenol (PCP), including railroad ties, may not be used in areas accessible to children.

A permanent enclosure not less than 4 feet high shall be provided to protect the safety of children in care. Fencing, plants, or landscaping may be used to create a permanent enclosure. The permanent enclosure may not have any open areas that are greater than 4 inches.
Concrete and asphalt are prohibited under climbing equipment, swings and slides.

In this paragraph, “main thoroughfare” means a heavily traveled street or road used by vehicles as a principal route of travel.
If a center has no outdoor play space available on the premises of the center, the licensee may request an exemption from the requirements under subd. 3. for the center’s outdoor play space.
A request for an exemption under subd. 2. shall be in writing and shall be accompanied by a plan for outdoor play space that does all the following:

a. Identifies and describes the location to be used, the travel distance from the center to that location and the means of transporting the children to that location.

b. Provides for adequate supervision of the children as specified in Table 250.055.

c. Provides for daily vigorous exercise in the out-of-doors for the children.

d. Describes the arrangements to meet the toileting and diapering needs of the children.

e. Affirms the center’s compliance with the requirements included in subds. 4. to 7.

Note: Send the request for an exemption, including the plan for the use of that space, to the licensing representative at the appropriate regional office of the Department’s Division of Early Care and Education. See Appendix A for addresses of the regional offices.

The off-premises outdoor play space shall be free of hazards such as bodies of water, railroad tracks, unfenced swimming pools, heavily wooded areas and nearby highways and main thoroughfares.
There shall be at least 75 square feet of play space for each child using the space at a given time.
No climbing equipment, swing or slide in the play space may have concrete or asphalt under it.
When the off-premises outdoor play space is reached by walking, the center shall transport children under 3 years of age in wheeled vehicles, such as strollers or wagons, with a seating capacity equal to the number of children under 3 years of age to be transported.
A center’s plan for use of an off-premises outdoor play space is subject to approval by the department. Within 30 days after receipt of a plan and request for an exemption from the requirements under par. (b), the department shall either approve the plan and grant the exemption or not approve the plan and deny the request for exemption. The department shall notify the center in writing of its decision and if it does not grant an exemption, shall state its reasons for not granting the exemption.
If any circumstance described in an approved plan for use of off-premises outdoor play space changes or if any condition for plan approval is not met, the department may withdraw its approval of the plan and cancel the exemption. A center with an approved plan shall immediately report to the department’s licensing representative any significant change in any circumstance described in the plan.

(12) Swimming areas.

(a) Swimming pools on the premises of the center may not be used by children in care. Swimming pools on the premises shall be enclosed by a 4-foot fence with a self-closing, self-latching door. In addition, all of the following restrictions apply:

If access to the pool is through a gate, the gate shall be closed and locked during the center’s hours of operation.
If access to the pool is through a door, the door shall be closed, visibly locked and equipped with an alarm at the door that signals when someone has entered the pool area. The door may not be used as an exit.
Locks shall be located so that the locks cannot be opened by the children.
The free-standing wall of an aboveground pool may not serve as an enclosure unless it is at least 4 feet in height and not climbable. If a ladder is present, the ladder shall be removed or raised up so that it is inaccessible to children.
The area around the pool enclosure shall be free of toys or equipment that would allow a child to climb or otherwise gain access to the pool.

(b) A wading pool on the premises may be used if the water is changed daily and the pool is disinfected daily. Supervision requirements and staff-to-child ratios under s. DCF 250.055 (1) and (2) shall be met.

(c) A pool, wading pool, water attraction, or beach that is not located on center premises may be used by children if all of the following conditions are met:

The construction and operation of the pool meet the requirements of chs. SPS 390 and ATCP 76 for public swimming pools and the beach complies with any applicable local ordinance.
Certified lifesaving personnel are on duty.
While children are in the water of a pool, wading pool, water attraction, or beach, the following staff-to-child ratios for providers who can swim shall be met:

a. For children under 2 years of age: 1:1.

b. For children 2 and 3 years of age years of age: 1:3.

c. For children 4 and 5 years of age: 1:6.

d. For children 6 years of age and older: 1:8.

When a mixed age group of children are swimming, the staff-to-child ratio shall be adjusted based on to the number of children in the water and each child’s age.

Note: A worksheet to help calculate the staff to child ratio for mixed aged groupings during swimming is available from the department upon request. Requests may be made to the licensing representative or regional office in Appendix A.

A child shall be restricted to the area of the pool or beach that is within the child’s swimming ability.
If some of the children are in the water and others are not, there shall be at least 2 providers supervising the children. One provider shall supervise the children who are in the water, and the other provider shall supervise the children who are not in the water.

History

CR 03-052: cr. Register December 2004 No. 588, eff. 3-1-05; corrections in (6) (a), (11) (c) 3. b. and (12) (c) 1. made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; CR 07-102: am. (1) (a), (b) 2., 3., (2) (e), (3), (6) (b), (c), (7) (a) 6. c., (9) (d), (11) (b) 2., 3., 4., (12) (b), (c) (intro.) and 3. (intro.), cr. (4) (e) and (12) (c) 6., r. (7) (a) 8. Register December 2008 No. 636, eff. 1-1-09; corrections in (6) (b), (7) (a) 6. c. and (12) (b) made under s. 13.92 (4) (b) 1. and 7., Stats., Register December 2008 No. 636; corrections in (6) (a), (b) made under s. 13.92 (4) (b) 7., Stats., Register August 2011 No. 668; corrections in (4) (d), (12) (c) 1. made under s. 13.92 (4) (b) 7., Stats., Register February 2012 No. 674; correction in (12) (c) 1. made under s. 13.92 (4) (b) 7., Stats., Register July 2016 No. 727; EmR1918: emerg. am. (1) (b) 1., 3., cr. (1) (b) 4., am. (2) (b), (c), (d), (g), (h), cr. (2) (L), (m), r. and recr. (3) (title), renum. (3) to (3) (a) (intro.) and am., cr. (3) (a) 1. to 4., (b), r. (5), am. (7) (a) 6. c., r. (8), r. and recr. (9) (title), (e), cr. (9) (f), Table 250.06, (g) to (n), r. (10), am. (11) (b) 3., cr. (11) (b) 3m., am. (11) (b) 4., eff. 1-30-19; CR 19-089: am. (1) (b) 1., 3., cr. (1) (b) 4., am. (2) (b), (c), (d), (g), (h), cr. (2) (L), (m), r. and recr. (3) (title), renum. (3) to (3) (a) (intro.) and am., cr. (3) (a) 1. to 4., (b), r. (5), am. (7) (a) 6. c., r. (8), r. and recr. (9) (title), (e), cr. (9) (f), Table 250.06, (g) to (n), r. (10), am. (11) (b) 3., cr. (11) (b) 3m., am. (11) (b) 4. Register March 2020 No. 771, eff. 4-1-20; correction in (11) (c) 3. b. made under s. 35.17, Stats., Register March 2020 No. 772; CR 20-003: am. (11) (b) 2. Register July 2020 No. 775, eff. 8-1-20; CR 21-100: cr. (2) (n), r. and recr. (4) (a), (6), am. (9) (c), (12) (a) (intro.), 4. Register February 2023 No. 806, eff. 3-1-23; correction in (2) (n) 2. made under s. 13.92 (4) (b) 7., Stats., Register February 2023 No. 806; CR 26-009: am. (3) (a) 2., cr. (3) (a) 5., am. (3) (b) Register July 2026 No. 847, eff. 8-1-26; CR 26-010: am. (1) (b) 1., r. (4) (e), am. (11) (b) 2., (12) (b) Register July 2026 No. 847, eff. 8-1-26.

Wis. Admin. Code § DCF 250.07 Program {#sec-dcf-250.07 omnilex-key=us-wi-regs-official--agency-dcf--DCF 250.07}

(1) Program planning and scheduling.

(a) A provider shall plan activities so that each child may be or do all of the following:

Be successful and feel good about himself or herself.
Use and develop language.
Use large and small muscles.
Use materials and take part in activities that encourage creativity.
Learn new ideas and skills.
Participate in imaginative play.
Be exposed to a variety of cultures.
Develop literacy skills.

Note: The Wisconsin Model Early Learning Standards are voluntary standards that were designed to help centers develop programs and curriculum to help ensure that children are exposed to activities and opportunities that will prepare them for success in school and into the future. The Standards are primarily intended as guidance on developmentally appropriate expectations and are not intended to be used as a checklist to gauge a child’s progress. The Standards are based on scientific research. Copies of the Wisconsin Model Early Learning Standards are available on the Wisconsin Early Childhood Collaborating Partners website at http://www.collaboratingpartners.com/ or through the Child Care Information Center at 1-800-362-7353. Wisconsin has an information and referral service for persons with questions or concerns about a child’s development called First Step that is available to the public 24 hours a day, 7 days a week. When a call is placed to First Step at 1-800-642-7837, the caller will learn about early intervention services as well as other related services in the area. When a provider or a parent has concerns about a child’s growth or development a referral to a Birth-to-Three agency or the local public school should be considered to determine if the child is eligible for special services. With parental consent and consultation, it is recommended that centers who care for children who have an Individualized Family Service Plan (IFSP) or an Individualized Education Program (IEP) coordinate programming activities with the local school district or Birth to Three agency.

(b) A lead provider shall plan daily activities according to the age and developmental level of each child in care and shall include a flexible balance of all of the following:

Daily indoor and outdoor activities when a child is in care for more than 3 hours except that outdoor activities are not required during inclement weather or when not advisable for health reasons.
Active and quiet play.
Protection from excess fatigue and over stimulation.
Individual and group activities.

(c) Television, including videotapes and DVDs, may be used only to supplement the daily plan for children. No child may be required to watch television.

(2) Child guidance.

(a) Each family child care center shall provide positive guidance and redirection for the children and shall set clearly specified limits for the children. A provider shall help each child develop self-control, self-esteem and respect for the rights of others.

(b)

In this paragraph, “time-out period” means a break from the group that a provider offers a child to provide the child an opportunity to calm and regain composure while being supported by the provider.
A center may use a time-out period to handle a child’s unacceptable behavior only if all of the following conditions are met:

a. The child is 3 years of age or older.

b. The provider offers the child the time-out period in a non-humiliating manner.

c. The time-out period does not exceed 3 minutes.

d. The child is not isolated.

e. The child is not removed from the room.

The procedures for time-out periods shall be included in the center’s written child guidance policy.

(c) Actions that may be psychologically, emotionally or physically painful, discomforting, dangerous or potentially injurious are prohibited. Examples of prohibited actions include all of the following:

Spanking, hitting, pinching, shaking, slapping, twisting, throwing, or inflicting any other form of corporal punishment on the child.
Verbal abuse, threats or derogatory remarks about the child or the child’s family.
Physical restraint, binding or tying the child to restrict the child’s movement or enclosing the child in a confined space such as a closet, locked room, box or similar cubicle.
Withholding or forcing meals, snacks or naps.
Actions that are cruel, aversive, humiliating or frightening to the child.

(d) A child may not be punished for lapses in toilet training.

Note: See s. DCF 250.04 (8) for information on reporting suspected child abuse and s. DCF 250.04 (3) (i) for rules requiring that prohibited actions to a child be reported to the department within 24 hours after the occurrence.

(3) Equipment and furnishings.

(a) Safe indoor and outdoor play equipment shall be provided and shall be all of the following:

Scaled to the size and developmental level of the children.
Of sturdy construction with no sharp, rough, loose, or pointed edges, in good operating condition, and anchored when necessary.
Placed so as to avoid danger of accident or collision and to permit freedom of action.
Maintained in a clean and sanitary condition.
Used in accordance with all manufacturer’s instructions and any manufacturer’s recommendations that may affect the safety of children in care.

(b) Various types of play equipment shall be provided to allow for large and small muscle activity, dramatic play, creative expression and intellectual stimulation.

(c) Indoor play equipment shall be provided to allow each child a choice of at least 3 activities involving equipment when all children are involved in using equipment.

(d) Outdoor play equipment shall be provided to allow each child at least one activity when all children are using equipment at the same time.

(e) Trampolines and inflatable bounce surfaces on the premises shall not be in areas accessible to children and may not be used by the children in care.

(f) Furnishings shall be clean, durable, and safe with no sharp, rough, loose, or pointed edges.

(g) The furnishings shall include all of the following:

Table space and seating for each child.
Storage space for equipment, bedding, and children’s clothing and personal belongings.

Note: Lists suggesting kinds and numbers of equipment for centers are available from the Child Care Information Center by calling 1-800-362-7353.

(4) Rest periods.

(a) Children under 5 years of age in care for more than 4 consecutive hours shall have a nap or rest period.

(b) A provider shall permit children who do not sleep after 30 minutes and children who wake up early to get up and shall help them to have a quiet time through the use of equipment or activities which do not disturb other children.

(c) Each child one year of age or older who has a nap or rest period shall be provided with a sleeping surface that is clean, safe, washable, and placed at least 2 feet from the next sleeping child. The sleeping surface may be any of the following:

A bed.
A cot.
A padded mat.
A sleeping bag.
A crib or playpen.

(cm) Each child under one year of age who naps or sleeps shall be provided with a clean, safe, washable crib or playpen that meets the applicable safety standards in 16 CFR Part 1219 or 1220 and shall be placed at least 2 feet from the nearest sleeping child. Cribs or playpens may be placed end-to-end if a solid partition separates the crib or playpen, and an aisle not less than 2 feet in width is maintained between sleeping surfaces.

(d) Each child one year of age or older who is not using a sleeping bag shall be provided with an individually identified sheet and blanket that may be used only by that child until it is washed. Sleeping bags and bedding shall be stored in a sanitary manner and washed at least after every 5 uses or as soon as possible if wet or soiled.

(e) Infants shall sleep alone in cribs or playpens. Two related children may share a double bed. No more than one child may occupy a single size bed, cot, mat or sleeping bag.

(6) Health.

(a) Contact with others who are ill.

No child or other person with a reportable communicable disease specified in ch. DHS 145 may be admitted to, or be permitted to remain in, a center during the period when the disease is communicable.

1m. A licensee, provider, household member, employee, volunteer, visitor, parent, or a child in care may be admitted or readmitted to the family child care center if the person provides a written statement from a physician that the condition is no longer contagious or if the person has been absent for a period of time equal to the longest usual incubation period for the disease under ch. DHS 145.

Note: The Wisconsin Department of Health Services, Division of Public Health, has developed materials that identify those communicable diseases that are required to be reported to the local public health officer. These materials also provide additional guidance on the symptoms of each disease and information on how long an infected child shall be excluded from the center. Copies of the communicable disease chart are available on the Department of Health Services website, https://www.dhs.wisconsin.gov/publications/p4/p44397.pdf.

a. A licensee, provider, household member, employee, volunteer, visitor or parent whose behavior with respect to any child, adult, animal or property, on or off the center’s premises, raises reasonable concern for the safety of the children, may not be in contact with the children in care.

b. The department may require a licensee, provider, household member or other adult in contact with the children whose behavior gives reasonable concern for the safety of children to submit to an examination by a licensed mental health professional as a condition of licensure or employment.

Note: See also s. DCF 250.11 (2) (e) which requires a written statement from a physician or licensed mental health professional when there is reason to believe that the physical and mental health of a person may endanger children in care.

No person with a health history of typhoid, paratyphoid, dysentery or other diarrheal disease may work in a center until it is determined by appropriate medical tests that the person is not a carrier of the disease.

a. Upon each child’s arrival at the center, a staff person shall observe the child for symptoms of illness or injury.

b. Any child who appears to be ill shall be moved to a separate room or area.

c. A child one year of age or older who appears to be ill shall be provided with a bed, crib, or cot and a sheet and blanket or sleeping bag.

d. A child under one year of age who appears to be ill shall be placed in a crib or playpen with a tight-fitting mattress and mattress covering.

(b) Medical log book.

The licensee shall maintain a medical log book that has a stitched binding with pages that are lined and numbered.
Pages may not be removed from the medical log book under subd. 1. and lines may not be skipped. Each entry in the log book shall be in ink, dated, and signed or initialed by the person making the entry.
A provider shall record all of the following in the medical log under subd. 1.:

a. Any evidence of unusual bruises, contusions, lacerations, or burns seen on a child, regardless of whether received in or out of the care of the center.

b. Any injuries received by a child while in the care of the center on the date the injury occurred. The record shall include the child’s name, the date and time of the injury, and a brief description of the facts surrounding the injury.

c. Any medication dispensed to a child, on the date the medication is dispensed. The record shall include the name of the child, type of medication given, dosage, time, date, and the initials or signature of the person administering the medication.

d. Any incident or accident that occurs when the child is in the care of the center that results in professional medical evaluation.

Note: See s. DCF 250.04 (8) for requirements related to reporting suspected child abuse or neglect.

(f) Medications.

A provider may give prescription or non-prescription medications such as pain relievers, teething gels or cough syrup to a child only under the following conditions:

a. A completed written authorization on a form provided by the department, dated and signed by the parent is on file. Authorizations that exceed the period of time specified on the label are prohibited.

Note: The department’s form, Authorization to Administer Medication — Child Care Centers, is used to obtain the parent’s authorization to provide medications. Information on how to obtain the form is available on the department’s website, http://dcf.wisconsin.gov, or from any regional licensing office in Appendix A.

b. The medication is in the original container and labeled with the child’s name and with dosage and administration directions.

c. A written record, including the name of the child, type of medication given, dosage, time, date and the initials or signature of the person administering the medication shall be made in the medical log on the same day that the medication is administered.

Medications shall be stored so that they are not accessible to children.
Medications requiring refrigeration shall be kept in the refrigerator in a separate, covered container clearly labeled “medications.”
No medication intended for use by a child in the care of the center may be kept at the center without a current medication administration authorization from the parent.
Medication for a child in care shall be administered by the center as directed on the label and as authorized by the parent.

(g)

Except as provided in subd. 2., a child’s hands shall be washed with soap and warm running water before meals or snacks, after handling pets or other animals, and after toileting or diapering. A child’s hands and face shall be washed when soiled. For children under one year of age, hands may be washed with soap and a wet fabric or a paper washcloth that is used once and discarded.
If running water is not immediately available when outdoors or on field trips, soap and water-based wet wipes may be used. When running water becomes available, hands shall be washed immediately with soap and running water.
Disinfecting hand sanitizers may not replace the use of soap and water for washing hands.
Bodily secretions from a child shall be wiped with a disposable tissue.
All providers shall use universal precautions when exposed to blood or bodily fluids or discharges containing blood.
All persons working with children in care shall wash their hands with soap and warm running water before handling food, before and after assisting with toileting or diapering, after handling pets or animals, and after being exposed to blood or bodily fluids containing blood or other types of bodily secretions. If gloves are used, hands shall be washed after removal of gloves.
Single use disposable gloves shall be worn if there is contact with bodily fluids or tissue discharges that contain blood. Gloves shall be discarded in plastic bags.

(h) Health precautions.

Surfaces exposed to bodily secretions, including toys, equipment, and furnishings, shall be washed with soap and water and disinfected. The disinfectant solution used shall be one that is registered with the U.S. environmental protection agency as a disinfectant and has instructions for use as a disinfectant on the label. The solution shall be prepared and applied as indicated on the label.
Soap, towels or an air dryer, toilet paper, and a waste paper container shall be provided in the washroom and accessible to children.
Towels and washcloths shall be individual to each person and used only once. Cups, eating utensils, or toothbrushes may not be shared.
Wet or soiled clothing shall be changed promptly from an available supply of clean clothing.

4m. Children shall be clothed in seasonally appropriate clothing when outdoors.

Section DCF 250.09 (4) applies when a child 2 years of age or older needs attention for diapering or toileting.
As appropriate, children shall be protected from sunburn and insect bites with protective clothing, sunscreen, or insect repellent. Sunscreen and insect repellent may only be applied upon the written authorization of the parent. The authorization shall include the ingredient strength and be reviewed and updated periodically. If sunscreen or insect repellent is provided by the parent, the sunscreen or repellent shall be labeled with the child’s name. Recording the application of sunscreen or insect repellent is not necessary.

(k) Injuries.

Written permission from the parent to call the child’s physician or refer the child for medical care in case of injury shall be on file at the center. A provider shall contact a parent of the injured child as soon as possible after an emergency has occurred or, if the injury is minor, when the child is picked up.

Note: See DCF 250.04 (3) (a) regarding reporting injuries that require medical attention to the Department within 24 hours after the occurrence.

Note: The department’s form, Child Care Enrollment, includes authorization for the center to obtain emergency medical care for a child. Information on how to obtain forms is available on the department’s website, http://dcf.wisconsin.gov, or from any regional licensing office in Appendix A.

Superficial wounds shall be cleaned with soap and water only and protected with a bandaid or bandage.
Suspected poisoning shall be treated only after consultation with a poison control center.
The licensee shall designate a planned source of emergency medical care, such as a hospital emergency room, clinic or other constantly staffed facility and shall advise parents about that designation.

(7) Pets and animals.

(a) Animals shall be maintained in good health and appropriately immunized against rabies. Rabies vaccinations shall be documented with a current certificate from a veterinarian.

(b) Animals that pose any risk to the children shall be restricted from the indoor and outdoor areas used by children.

(c) Licensees shall ensure that parents are aware of the presence of pets and animals in the center. If pets and animals are allowed to roam in areas of the center occupied by children, written acknowledgement from the parents shall be obtained. If pets are added after a child is enrolled, parents shall be notified in writing prior to the pets’ addition to the center.

(d) Reptiles, amphibians, ferrets, poisonous animals, psittacine birds, exotic and wild animals may not be accessible to children.

Note: Psittacine birds are hooked bill birds of the parrot family that have 2 toes forward and 2 toes backward, including macaws, grays, cockatoos and lovebirds.

(e) All contact between pets or animals and children shall be under the sight and sound supervision of a provider who is close enough to remove the child immediately if the pet or animal shows signs of distress or aggression, the child shows signs of distress, or the child is treating the animal inappropriately.

(f) Pets are prohibited in any food preparation or serving area when food is being prepared or served unless the pet is confined in a cage or kennel. Litter boxes are prohibited in any food preparation, storage or serving areas. Litter boxes and animal feeding dishes, excluding water dishes, may not be placed in areas accessible to children.

(g) Indoor and outdoor areas accessible to children shall be free of pet and animal excrement.

(i) Licensees shall ensure that the center is in compliance with all applicable local ordinances regarding the number, types and health status of pets and animals.

History

CR 03-052: cr. Register December 2004 No. 588, eff. 3-1-05; corrections in (5) (a), (6) (e), (j) 2. and (m) made under s. 13.92 (4) (b) 6. and 7., Stats., Register November 2008 No. 635; CR 07-102: cr. (1) (a) 8., (2) (c) 5., (6) (f) 2. b., 5., 6., (g) 1. b. and c., am. (1) (b) (intro.), (2) (c) (intro.), 1., (3) (e), (6) (e) 1., 2., (f) 1. (intro.), (L) 1., 2., (7) (f) and (h), renum. (6) (f) 2. and (g) 1. to be (6) (f) 2. a. and (g) 1. a. and am. Register December 2008 No. 636, eff. 1-1-09; 2015 Wis. Act 132: am. (6) (L) 3. Register February 2016 No. 722, eff. 3-1-16; EmR1918: emerg. r. and recr. (2) (b), am. (3) (title), cr. (3) (a) 4., 5., (f), (g), r. and recr. (4) (c), cr. (4) (cm), am. (4) (d), r. (5), cr. (6) (a) 1m., 4., r. and recr. (6) (b), r. (6) (c) to (e), (f) 2., r. and recr. (6) (g), (h), r. (6) (i), (j), (k) 5., (L), (m), (7) (h), eff. 1-30-19; CR 19-089: r. and recr. (2) (b), am. (3) (title), cr. (3) (a) 4., 5., (f), (g), r. and recr. (4) (c), cr. (4) (cm), am. (4) (d), r. (5), cr. (6) (a) 1m., 4., r. and recr. (6) (b), r. (6) (c) to (e), (f) 2., r. and recr. (6) (g), (h), r. (6) (i), (j), (k) 5., (L), (m), (7) (h) Register March 2020 No. 771, eff. 4-1-20; CR 21-100: r. and recr. (2) (b) 1., 2., (6) (a) 1., 4., cr. (6) (h) 4m., am. (7) (e) Register February 2023 No. 806, eff. 3-1-23; corrections in (2) (b) 1., 2. e. made under s. 35.17, Stats., Register January 2024 No. 817; CR 26-010: am. (1) (b) (intro.) Register July 2026 No. 847, eff. 8-1-26.

Wis. Admin. Code § DCF 250.08 Transportation {#sec-dcf-250.08 omnilex-key=us-wi-regs-official--agency-dcf--DCF 250.08}

(1) Applicability.

(a) Except as provided in par. (b), this section applies to all transportation of children in care, including both regularly scheduled transportation to and from the center and field trip transportation, if any of the following apply:

The licensee owns or leases the vehicle used.
The licensee contracts with another person or organization that owns or leases the vehicle used.
Employees, parents, or volunteers are transporting children other than their own at the direction of, at the request of, or on behalf of the licensee.

(b) The following requirements do not apply to transportation provided in vehicles owned and driven by parents or volunteers who are not counted in the staff-to-child ratios under s. DCF 250.055 (2) (b) and (c):

The requirement that a licensee obtain a copy of the driver’s driving record and review it under sub. (4) (c).
The requirement to provide evidence that the vehicle is in safe operating condition at 12-month intervals under sub. (5) (b).
The requirements related to child care vehicle safety alarms under sub. (8).

(c) The licensee shall document in the licensee’s policies that transportation provided through a written or verbal contract with another person or organization meets the requirements of this section.

(2) Permission and emergency information. Before transporting a child, a licensee shall obtain signed permission from the parent for transportation and emergency information for each child. The form shall include all of the following information:

(a) The purpose of the transportation and the parent’s permission to transport the child for that purpose.

(b) An address and telephone number where a parent or other adult can be reached in an emergency.

(d) Written consent from the child’s parent for emergency medical treatment.

Note: The licensee may use the department’s form, Child Care Enrollment, to obtain consent of the child’s parent for emergency medical treatment. Information on how to obtain forms is available on the department’s website, https://dcf.wisconsin.gov/cclicensing/ccformspubs.

(3) Required information for each trip. The licensee shall ensure that written documentation of all of the following is maintained at the center and in any vehicle transporting children while the children are being transported:

(a) A list of the children being transported.

(b) A copy of the completed permission and emergency information form under sub. (2) for each child being transported.

(4) Driver.

(a) The driver of a vehicle used to transport children in care shall be at least 18 years of age and shall hold a valid driver’s license from the state where the driver resides and for the type of vehicle driven.

(b) Before a driver who is not the licensee first transports children and annually thereafter, the licensee shall provide the driver with an orientation. The licensee shall document the training. The training shall include all of the following:

The procedure for ensuring that all children are properly restrained in the appropriate child safety seat.
The procedure for loading, unloading, and tracking of children being transported.
The procedure for evacuating the children from a vehicle in an emergency.
Behavior management techniques for use with children being transported.
A review of applicable statutes and rules affecting transportation of children.
A review of applicable center policies.
First aid procedures.
A review of child abuse and neglect laws and center reporting procedures.
Information on any special needs a child being transported may have and the plan for how those needs will be met.
A review of the use of the vehicle alarm, if applicable.
Any other job responsibilities as determined by the licensee.

(c)

Prior to the day a driver first transports children in care and annually thereafter, the licensee shall obtain a copy of the driving record for each driver and place the record in the staff file. The licensee shall review each driving record to ensure that the driver has no accidents or traffic violations that would indicate that having children ride with the driver could pose a threat to the children.
In determining whether a driver may pose a threat to the children, the licensee shall consider the totality of the driver’s record, any other relevant facts, and the following factors in combination:

a. The seriousness of any accidents or violations.

b. The amount of time that has passed since an accident or violation occurred.

c. The number of accidents or violations.

d. The likelihood that a similar incident will occur.

A driver whose driving record indicates that the driver poses a threat to the children may not transport children.

(d)

Except as provided in subd. 2., a driver of a vehicle that is transporting children in care may not use a cellular phone or other wireless telecommunication device while loading, unloading, or transporting children, except when the vehicle is out of traffic, not in operation, and any of the following applies:

a. The phone or device is used to call 911.

b. The phone or device is used to communicate with emergency responders.

c. The phone or device is used to communicate with the center regarding an emergency situation.

A navigation device may be used during transportation of children if the device is programmed to a destination when the vehicle is out of traffic and not in operation.

(5) Vehicle.

(a) The licensee shall ensure that each vehicle that is used to transport children is all of the following:

Registered with the Wisconsin department of transportation or the appropriate authority in another state.
Clean, uncluttered, and free of obstruction on the floors, aisles, and seats.
In safe operating condition.

(b) At 12-month intervals, the licensee shall provide the department with evidence of a vehicle’s safe operating condition on a form provided by the department.

Note: The department’s form, Vehicle Safety Inspection, is used to record evidence of the vehicle’s safe operating condition. Information on how to obtain forms is available on the department’s website, https://dcf.wisconsin.gov/cclicensing/ccformspubs.

(c) The licensee shall obtain and maintain vehicle liability insurance with minimums no less than those specified in subch. VI of ch. 344, Stats.

(d) Hired or contracted school buses used to transport children shall be in compliance with ch. Trans 300.

(e) At least once per year, the licensee shall make available to the department each vehicle that is required to have a child safety alarm under sub. (8) (a) to determine whether the child safety alarm is in good working order.

(6) Seat belts and child safety restraints.

(a) No person may transport a child under 8 years of age in a motor vehicle, unless the child is restrained in a child safety restraint system that is appropriate to the child’s age and size in accordance with s. 347.48, Stats., and ch. Trans 310.

Note: For further information on child safety restraints, see https://wisconsindot.gov/Pages/safety/education/child-safety/default.aspx.

(b)

Each child who is not required to be in an individual child car safety seat or booster seat when being transported under par. (a) shall be properly restrained by a seat belt in accordance with s. 347.48, Stats., and ch. Trans 315.
Each adult in the vehicle shall be properly restrained by a seat belt in accordance with s. 347.48, Stats., and ch. Trans 315.
Seat belts may not be shared.

(c) Children transported in school buses or vehicles built to school bus standards shall be properly seated according to the manufacturer’s specifications.

(d) Children under 13 years of age who are in the care of the center may not ride in the front seat of a vehicle.

(7) Vehicle capacity and supervision.

(a) The center shall be responsible for a child from the time the child is placed in a vehicle until the child reaches his or her destination and is released to a person responsible for the child. A parent of a school age child may authorize a child to enter a building unescorted.

Note: Form, Transportation Permission - Child Care Centers, may be used to designate an adult to receive a child being transported. The form is available on the department’s website at https://dcf.wisconsin.gov/cclicensing/ccformspubs.

(b) Children may not be left unattended in a vehicle.

(c) When children are transported in a vehicle, there shall be at least one adult supervisor in addition to the driver whenever there are more than 3 children who are either under 2 years of age or who have a disability that limits their ability to respond to an emergency.

(d) The licensee shall develop and implement a procedure to ensure that all children exit the vehicle after being transported to a destination.

(e) No child may be in a vehicle for transport to or from a center, a field trip, or other center activity for more than 60 minutes for a one-way trip.

(8) Child care vehicle safety alarm.

(a) A vehicle shall be equipped with a child safety alarm that prompts the driver to inspect the vehicle for children before exiting if all of the following conditions apply:

The vehicle is owned or leased by a licensee or a contractor of a licensee.
The vehicle has a seating capacity of 6 or more passengers plus the driver. The seating capacity of the vehicle shall be as determined by the manufacturer.
The vehicle is used to transport children in care.

(b) No person may shut off a child safety alarm unless the driver first inspects the vehicle to ensure that no child is left unattended in the vehicle.

(c) The child safety alarm shall be in good working order each time the vehicle is used for transporting children to or from a center.

Note: Information on the required vehicle safety alarm is available on the department’s website at http://dcf.wisconsin.gov/ccregulation/providers.

History

CR 03-052: cr. Register December 2004 No. 588, eff. 3-1-05; CR 07-102: renum. (3) and (5) to be (3) (a) and (5) (a) and am., cr. (3) (b), (c), (5) (b), (c), (d), (e) and (6) (e), r. and recr. (4), am. (6) (b) Register December 2008 No. 636, eff. 1-1-09; CR 14-028: cr. (8) Register July 2016 No. 727, eff. 8-1-16; EmR1918: emerg. r. and recr., eff. 1-30-19; CR 19-089: r. and recr. Register March 2020 No. 771, eff. 4-1-20; correction in (6) (a), (b) 1., 2. made under s. 35.17, Stats., Register February 2023 No. 806; CR 26-010: am. (1) (b) (intro.) Register July 2026 No. 847, eff. 8-1-26.

Wis. Admin. Code § DCF 250.09 Additional requirements for infant and toddler care {#sec-dcf-250.09 omnilex-key=us-wi-regs-official--agency-dcf--DCF 250.09}

(1) Applicability, qualifications and general requirements.

(a) Family child care centers providing care and supervision to infants and toddlers shall comply with the additional requirements of this section.

A provider shall use information obtained on a department-provided form for children under 2 years of age to individualize the program of care for each child. The information shall be at the center before the child is left for care on the child’s first day of attendance. A provider and the child’s parents shall periodically discuss the child’s development and routines.

Note: The department’s form, DCF-F-CFS0061-E, Intake for Child Under 2 Years – Child Care Centers, is used to record information for individualizing the program of care for each child. Information on how to obtain the form is available on the department’s website, http://dcf.wisconsin.gov, or from any regional licensing office in Appendix A. Wisconsin has an information and referral service for persons with questions or concerns about a child’s development called Well Badger Resource Center that is available to the public 24 hours a day, 7 days a week. When a call is placed to Well Badger Resource Center at 1-800-642-7837, the caller will learn about early intervention services as well as other related services in the area. When a provider or parent has concerns about a child’s growth or development a referral to a Birth-to-Three agency should be considered to determine if the child is eligible for special services. With parental consent and consultation, it is recommended that centers who care for children who have an Individualized Family Service Plan (IFSP) coordinate programming activities with the local Birth-to-Three agency.

Cribs and playpens shall contain a tight-fitting mattress and a mattress covering that fits snugly over the mattress.
Sheets or blankets used to cover a child one year of age or older shall be kept away from the child’s mouth and nose, and if sleeping in a crib or playpen shall be tucked tightly under the mattress.
A child under one year of age may not sleep in a crib or playpen that contains soft or loose materials, such as sheepskins, pillows, blankets, flat sheets, bumper pads, bibs, pacifiers with attached soft objects, or stuffed animals. No blankets or other items may be hung on the sides of a crib or playpen.

4g. An audio monitoring device shall be used in any area or room where children under the age of one year are placed to sleep.

4r. Waterbeds may not be used by children under 2 years of age.

Safety gates shall be used at open stairways when children are awake.

(2) Daily program.

(a) Child care providers shall respond promptly to a crying child’s needs.

(b) Each infant and toddler shall be allowed to form and follow his or her own patterns of sleeping and waking.

(c) Each child under one year of age shall be placed to sleep on his or her back in a crib unless otherwise specified in writing by the child’s physician. The child shall be allowed to assume the position most comfortable to him or her when able to roll over unassisted.

(d) Emphasis in activities shall be given to play as a learning and growth experience.

(e) Throughout the day, each infant and toddler shall receive physical contact and attention such as being held, rocked, talked to, sung to and taken on walks inside and outside the center.

(f) Routines related to activities such as taking a nap, eating, diapering and toileting shall be used as occasions for language development and other learning experiences.

(g) When a non-mobile child is awake, a provider shall change the child’s body position and location in the room periodically. Non-mobile awake children shall be placed on their stomach occasionally throughout the day.

(h) Each non-walking child who can creep or crawl shall be given opportunities each day to move freely in a safe, clean, open, warm and uncluttered area.

(i) A provider shall encourage infants and toddlers to play with a wide variety of safe toys and objects.

(3) Feeding. A provider shall do all of the following:

(a) Feed each infant and toddler on the child’s own feeding schedule.

(b) Ensure that food, breastmilk, and formula brought from home are labeled with the child’s name, dated, and refrigerated, if required.

(bm) Ensure each infant and toddler is correctly fed the food, breastmilk, or formula labeled with the infant’s or toddler’s name.

(c) Ensure that the food, breastmilk, or formula offered to infants and toddlers is consistent with the requirements of the U.S. department of agriculture child and adult care food program.

Note: Information on the meal program requirements of the USDA Child and Adult Care Food Program may be found on the website, http://www.fns.usda.gov/cacfp/meals-and-snacks.

(d) Provide formula or breast milk to all children under 12 months of age.

(e) Provide another type of milk or milk substitute only on the written direction of the child’s physician.

(f) Discard leftover milk or formula within 2 hours after each feeding and rinse bottles after use.

(g) Refrain from heating breast milk or formula in a microwave oven.

(h) Offer drinking water to infants over 6 months of age and toddlers several times daily.

(i) Hold a child unable to hold a bottle whenever a bottle is given. Bottles may not be propped.

(j) Hold or place a child too young to sit in a highchair or feeding table in an infant seat during feeding. Wide-based highchairs with safety straps or feeding tables with safety straps shall be provided for children who are not developmentally able to sit at tables and chairs.

(k) Ensure that eating utensils and cups are scaled to the size and developmental level of the children.

(L) Infant bottles and nipples may not be reused without first being cleaned and sanitized.

(4) Diapering and toileting. A provider shall do all of the following:

(a) Change wet or soiled diapers and clothing promptly.

(b) Change the child on an easily cleanable surface that is cleaned with soap and water and a disinfectant solution after each use. The disinfectant solution used shall be one that is registered with the U.S. environmental protection agency as a disinfectant and has instructions for use as a disinfectant on the label. The disinfectant shall be used according to label instructions.

(c) If the diapering surface is above floor level, use a strap, restraint, or other structural barrier to prevent falling. A child may not be left unattended on the diapering surface.

(d) Place soiled cloth diapers in a plastic bag labeled with the name of the child and send them home daily.

(e) Place soiled disposable diapers in a plastic-lined, covered container and dispose of them daily.

(g) Apply lotions, powders or salves to the child during diapering only at the specific direction of a parent or the child’s physician.

(h) Wash the child during diapering with a disposable towel used only once.

History

CR 03-052: cr. Register December 2004 No. 588, eff. 3-1-05; corrections in (1) (b) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; CR 07-102: r. (1) (b), am. (1) (c) 1. and 5. Register December 2008 No. 636, eff. 1-1-09; EmR1918: emerg. am. (1) (c) 3., 4., r. (2) (j), am. (3) (b), (c), (g), cr. (3) (L), am. (4) (b), (c), r. (4) (f), (i), eff. 1-30-19; CR 19-089: am. (1) (c) 3., 4., r. (2) (j), am. (3) (b), (c), (g), cr. (3) (L), am. (4) (b), (c), r. (4) (f), (i) Register March 2020 No. 771, eff. 4-1-20; CR 21-100: am. (1) (c) 2., cr. (1) (c) 4g., 4r., (3) (bm), am. (3) (f) Register February 2023 No. 806, eff. 3-1-23.

Wis. Admin. Code § DCF 250.095 Additional requirements when the licensee is not providing care to children at least 50% of the center’s licensed hours {#sec-dcf-250.095 omnilex-key=us-wi-regs-official--agency-dcf--DCF 250.095}

A licensee who does not provide care and supervision to children at least 50% of the center’s licensed hours shall comply with the following requirements:

(2) The licensee shall be responsible for the following:

(a) Management, finance, physical plant, and day-to-day operations of the center.

(b) Supervision of the planning and implementation of the center’s program for children.

Implement and maintain a written job description for each staff position.
Implement and maintain a written personnel policy that addresses hours of work, lunch and break times, holidays, vacations, sick leaves, leaves of absence, probationary periods, performance evaluations, grievance procedures, and the disciplinary process. The personnel policy shall contain a procedure that requires staff to notify the licensee and the licensee to notify the department as soon as possible, but no later than the next business day, when any of the following occurs:

a. The employee has been convicted of a crime.

b. The employee has been or is being investigated by any governmental agency for any other act, offense, or omission, including an investigation related to the abuse or neglect or threat of abuse or neglect, to a child or other client, or an investigation related to misappropriation of a client’s property.

c. The employee has a substantiated governmental finding against them for abuse or neglect of a child or adult or for misappropriation of a client’s property.

d. A professional license held by the employee has been denied, revoked, restricted, or otherwise limited.

Ensure that each employee is familiar with the employee’s job description, personnel policies, and applicable licensing rules.
Ensure staff compliance with continuing education requirements.

(3) The licensee shall be at the center for at least 30 hours per month during the center’s hours of operation for the exclusive purpose of carrying out licensee responsibilities in sub. (2).

History

CR 07-102: cr. Register December 2008 No. 636, eff. 1-1-09; EmR1918: emerg. am. (intro.), eff. 1-30-19; CR 19-089: am. (intro.) Register March 2020 No. 771, eff. 4-1-20; CR 21-100: am. (1) Register February 2023 No. 806, eff. 3-1-23; CR 26-010: r. (1), (2) (c) 4., am. (3) Register July 2026 No. 847, eff. 8-1-26.

Wis. Admin. Code § DCF 250.10 Additional requirements for night care {#sec-dcf-250.10 omnilex-key=us-wi-regs-official--agency-dcf--DCF 250.10}

(1) Applicability. Family child care centers that operate during any period of time between 10:00 p.m. and 5:00 a.m. shall comply with the requirements of this section.

(2) General requirements.

(a) When the same premises are used for the operation of both day care and night care, the number of children during any overlapping of the day care and night care periods may not exceed the maximum licensed capacity of the center.

(b) Minimum staff-to-child ratios and group sizes under s. DCF 250.055 (2) shall be maintained during night care.

(c) The parent or center shall provide each child in care after 10:00 p.m. with an individually labeled sleeping garment and a toothbrush.

(3) Program.

(a) Child care staff shall ascertain from a child’s parent a child’s typical family activities during the period the child is at the center for night care and strive to replicate those activities with the child.

(b) A center offering night care shall provide a self-contained room away from sleeping children where an awake child may engage in activities.

(c) An evening and morning schedule of program activities shall be planned for the hours that children in night care are awake.

(d) School-age children shall have an opportunity to read or do school work.

(4) Preventive measures.

(a) A provider shall develop, submit to the department, and implement a plan to evacuate sleeping children in an emergency. Review of the plan shall be part of the orientation under s. DCF 250.05 (3).

(b) Centers operating during hours of darkness shall have emergency lighting, such as an operable flashlight, readily available to a provider.

(c) Providers shall be awake, available, within call and able to respond to the needs of the children whenever children are in care.

(5) Feeding.

(a) Breakfast shall be served to all children in care for the night, unless the parent specifies otherwise.

(b) A nighttime snack shall be available to all children in care.

(6) Sleep.

(a) Children who attend the center for the evening hours but not the whole night shall have an opportunity to sleep, as needed.

(b) Sleep routines for individual children shall be based on information provided by the parents.

(c) A bed, crib or cot with sheets and blankets individual to each child shall be provided for children spending the night.

(d) The center shall maintain a supply of extra sleeping garments and bedding for emergencies and accidents.

(e) Children under 2 years of age in night care shall sleep in cribs.

History

CR 03-052: cr. Register December 2004 No. 588, eff. 3-1-05; corrections in (2) (b) and (4) (a) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; EmR1918: emerg. am. (1), (2) (b), (c), (4) (a), eff. 1-30-19; CR 19-089: am. (1), (2) (b), (c), (4) (a) Register March 2020 No. 771, eff. 4-1-20; correction in (4) (a) made under s. 35.17, Stats., Register March 2020 No. 711; CR 26-010: am. (2) (b) Register July 2026 No. 847, eff. 8-1-26.

Wis. Admin. Code § DCF 250.11 Licensing administration {#sec-dcf-250.11 omnilex-key=us-wi-regs-official--agency-dcf--DCF 250.11}

(1) Licensing requirement. If a person provides care on a regular basis to 4 or more children under the age of 7 years, that person shall be deemed to be providing care for compensation and shall be licensed.

(2) General conditions for approval of license.

(a) Prior to receiving or continuing a license, an applicant for a license under this chapter shall complete all application forms truthfully and accurately and pay all fees and forfeitures that are due to the department.

(am) An applicant for a license to operate a family child care center shall be an individual who is at least 18 years of age.

(ar) A person may not be issued a license to operate more than 2 family child care centers, unless the license for each center was issued prior to March 1, 2023.

(b) The department may refuse to issue or continue a license if another center operated by the licensee is in substantial non-compliance with the licensing rules or has any outstanding fines or forfeitures.

(c) Persons licensed to operate a family child care center shall be responsible, mature individuals who are fit and qualified. In determining whether an applicant is fit and qualified, the department shall consider any history of civil or criminal violations or other offenses substantially related to the care of children by the applicant, owner, manager, representative, employee, center resident or other individual directly or indirectly participating in the operation of the family child care center. A determination that a person is unfit and unqualified includes substantiated findings of child abuse or neglect under ch. 48, Stats., or substantiated abuse under ch. 50, Stats., or under similar statutes in another state or territory whether or not the abuse or neglect results in a criminal charge or conviction.

(d) The department shall issue a family child care license to an applicant within 60 working days after receipt and department approval of a properly completed application, satisfactory department investigation and determination that the applicant is fit and qualified. Continued licensure requires a licensee to remain fit and qualified.

Note: See DCF 250.03 (11) for the definition of “fit and qualified.”

(e) If the department has reason to believe that the physical or mental health of any person associated with the care of children at the center or any household resident of the center may endanger children in care, the department may require that a written statement be submitted by a physician or, if appropriate, by a licensed mental health professional that certifies the condition of the individual and the possible effect of that condition on the family child care center or the children in care.

(f) The department may deny or revoke the license if the examination specified under par. (e) gives the department reasonable concern for the care of children.

(g) The department may not process an application for a license if the applicant has had a license or certification to operate a child care center revoked or denied within the last 2 years prior to the date of the application. An applicant is deemed ineligible to submit an application for a license and a person may not hire an employee within 2 years from the date an applicant or employee had a child care license or certification revoked or denied.

(h) The department shall consider a licensee who fails to submit any of the materials described in sub. (4) or (5) by the expiration or continuation date of a license to have surrendered the license and to no longer hold title to the license. The former licensee may not continue to operate the child care center.

(3) Initial application for a probationary license.

(a) An applicant for a license shall have obtained pre-licensing technical assistance that results in a completed initial licensing study checklist from a representative of the department prior to submitting an application for a license.

Note: 1. Information on how to obtain pre-licensing technical assistance is available from the appropriate regional office in Appendix A. The Department will provide the application form to an applicant upon completion of the pre-licensing technical assistance.

Note: 2. An initial licensing study checklist includes a list of those rules that must be met before a license can be issued. A copy of the checklist is available from a representative of the Department or the appropriate regional office in Appendix A.

(b) An applicant for a license shall submit an application at least 60 days before the date proposed for the center to begin operating.

The license fee required under s. 48.65 (3) (a), Stats., applicable fees for child care background checks under s. 48.686, Stats., any unpaid forfeiture under s. 48.715 (3) or 49.155 (7m) (a) 3., Stats., and any unpaid penalty under s. 48.76, Stats.
A completed background check request form for the applicant and, if the center will be located in a residence, any household member 10 years of age and above, and any applicable fees.
A statement from a representative of the department that details the results of any pre-licensing technical assistance.
A statement from the applicant that indicates the center is in compliance with all applicable items in this chapter.
Results of a water test if the center has a private well.
Results of a vehicle safety inspection if the center will transport children.

6m. Documentation of liability insurance on a vehicle used to transport children, as required under s. DCF 250.08 (5) (c).

Documentation of liability insurance on the child care business required under s. DCF 250.04 (2) (g) if the center has cats or dogs that are in areas accessible to children.
A copy of all center policies as specified under s. DCF 250.04 (2) (e).

8m. A written delegation of administrative authority signed by the licensee. The delegation of administrative authority shall describe the organizational structure of the center and identify by position or name those persons on the premises who are in charge of the center for all hours of operation.

Any other materials determined by the department as necessary to complete the department’s licensing investigation.

(cm) Before receiving a probationary license, a license applicant shall satisfactory complete the same course or credential that is required for a lead provider under s. DCF 250.05 (3) (b).

(d) Upon submission of a complete application, the department shall conduct an investigation to determine whether the applicant is eligible for a license.

(e) If the department determines that the applicant is eligible for a license, the department shall issue a probationary license having a 6 month duration. A probationary license may be renewed for one 6-month period.

(f) If the department determines that an application does not comply with the applicable requirements of this chapter or the department’s investigation determines that the applicant is not eligible for a license, the department may deny the application.

(4) Obtaining a regular license.

(a) At least 30 days before the expiration date of a probationary license, an applicant for license renewal shall submit to the department the following materials:

A completed license application.
The license renewal fee under s. 48.65 (3) (a), Stats., applicable fees for child care background checks under s. 48.686, Stats., any unpaid forfeiture under s. 48.715 (3) (a) or 49.155 (7m) (a) 3., Stats., and any unpaid penalty under s. 48.76, Stats.
Any changes to center policies, if not previously submitted.
Results of a water test if the center has a private well.
Results of a vehicle safety inspection if the center will transport children.

6m. Documentation of liability insurance on a vehicle used to transport children as required under s. DCF 250.08 (5) (c).

Documentation of liability insurance on the child care business required under s. DCF 250.04 (2) (g) if the center has cats or dogs that are in areas accessible to children.

7m. Any changes to the delegation of administrative authority.

Any other materials determined by the department as necessary to complete the department’s licensing investigation.

(b) If the department determines that the applicant has met the minimum requirements for a license under this chapter and if the applicant has paid the applicable fees under ss. 48.65 and 48.686, Stats., any unpaid forfeiture under s. 48.715 (3) (a) or 49.155 (7m) (a) 3., Stats., and any unpaid penalty under s. 48.76, Stats., the department shall issue the applicant a regular license.

(5) Continuing a regular license.

(a) A regular license shall be valid indefinitely, unless suspended or revoked by the department or surrendered by the licensee. The department shall review a regular license every 2 years after the date of issuance.

(b) At least 30 days before the continuation review date of the license, an applicant for license renewal shall submit to the department the following materials:

A completed license continuation application.
The license renewal fee under s. 48.65 (3) (a), Stats., applicable fees for child care background checks under s. 48.686, Stats., any unpaid forfeitures under s. 48.715 (3) or 49.155 (7m) (a) 3., Stats., and any unpaid penalties under s. 48.76, Stats.
Any changes to center policies, if not previously submitted.
Results of a water test if the center has a private well.
Results of a vehicle safety inspection if the center will transport children.

6m. Documentation of liability insurance on a vehicle used to transport children required under s. DCF 250.08 (5) (c).

Documentation of the liability insurance on the child care business required under s. DCF 250.04 (2) (g) if the center has cats or dogs that are in areas accessible to children.

7m. Any changes to the delegation of administrative authority.

Any other materials determined by the department as necessary to complete the department’s licensing investigation.

(c) If the department determines that the licensee has met the minimum requirements for a license under this chapter and if the applicant has paid the applicable fees under ss. 48.65 and 48.686, Stats., any unpaid forfeiture under s. 48.715 (3) (a) or 49.155 (7m) (a) 3., Stats., and any unpaid penalty under s. 48.76, Stats., the department shall issue the applicant a regular license. Regular licenses shall be reviewed and continued for a 2-year period.

(6) Amending a license.

(a) A licensee shall submit to the department a written request for an amendment to the license if the licensee wishes to change any of the following aspects of the license:

A change in the number of children served.
The age range of the children.
The hours of the center’s operation.
The days of the week the center is in operation.
The months of the year the center is in operation.
The name of the center.

(b) A licensee may not make a change that affects a condition of the license identified under par. (a) without the prior written approval of the department.

(c) A licensee may not move the center to a new location or change ownership of the center without notifying the department at least 30 days prior to the change. A new application and license is required when a center moves or changes ownership.

Note: The department’s form CFS-0067, Initial License Application – Family Child Care Centers, is used to apply for a new license. The department will provide an application prior to the continuation date for a new license.

(d) A licensee proposing to increase the licensed capacity of a center shall demonstrate compliance with this chapter in the operation of the existing center and compliance with rules for any other facility licensed by the department and operated by the licensee.

(7) Additional license. A licensee applying for a license for an additional center location shall demonstrate compliance with this chapter in the operation of any existing center he or she operates and compliance with rules for any other facility licensed by the department and operated by the licensee. The licensee shall pay any fines, forfeitures or other fees due and owing under s. 48.715, Stats., or s. 48.65, Stats., on other facilities licensed by the department before the department issues an additional license.

(8) License denial or revocation.

(a) The department may deny, revoke or suspend a license, initiate other enforcement actions specified in this chapter or in ch. 48, Stats., or place conditions on the license if the applicant or licensee, a proposed or current employee, a volunteer, a household member or any other person having regular contact with the children is, has or has been any of the following:

The subject of a pending criminal charge for an action that substantially relates to the care of children or activities of the center.
Convicted of a felony, misdemeanor or other offense that substantially relates to the care of children or activities of the center.
Determined to have abused or neglected a child pursuant to s. 48.981, Stats., or has been determined to have committed an offense which substantially relates to the care of children or the activities of the center.
The subject of a substantiated finding of misconduct in the department’s nurse aide registry under s. DHS 129.10.
The subject of a court finding that the person has abandoned his or her child, has inflicted sexual or physical abuse on a child or has neglected or refused, for reasons other than poverty, to provide necessary care, food, clothing, medical or dental care or shelter for his or her child or ward or a child in his or her care so as to seriously endanger the physical health of the child.
Had a child care license or certification revoked or denied within the last 5 years.
Violated any provision of this chapter or ch. 48, Stats., or fails to meet the minimum requirements of this chapter.
Made false statements or withheld information.

(b) The department may deny, revoke, refuse to renew or suspend a license, initiate other enforcement actions specified in this chapter or in ch. 48, Stats., or place conditions on the license if the applicant or licensee is not fit and qualified as determined under sub. (2).

Note: See s. DCF 250.03 (11) for the definition of “fit and qualified.” Examples of charges, actions or offenses the Department will consider when making a determination under this paragraph that an act substantially relates to the care of children include but are not limited to the following: abuse or neglect of a child; sexual assault; abuse of a resident of a facility; a crime against life and bodily security; kidnapping; abduction; arson of a building or of property other than a building; robbery; receiving stolen property from a child; a crime against sexual morality, such as enticing a minor for immoral purposes or exposing a minor to harmful materials; and interfering with the custody of a child. This list is illustrative. Other types of offenses may be considered.

(c) The department shall deny or refuse to continue or revoke a license if the applicant or licensee has failed to pay court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse or for the failure of the applicant or licensee to comply, after appropriate notices, with a subpoena or warrant issued by the department or a county child support agency under s. 59.53 (5), Stats., and related to paternity or child support proceedings, as provided in a memorandum of understanding entered into under s. 49.857, Stats. Notwithstanding s. 48.72, Stats., an action taken under this subsection is subject to review only as provided in the memorandum of understanding entered into under s. 49.857, Stats., and not as provided in s. 48.72, Stats.

(d) The department shall deny an application for the issuance or continuation of a license or revoke a license if the department of revenue certifies under s. 73.0301, Stats., that the applicant or licensee is liable for delinquent taxes. An action taken under this subsection is subject to review only as provided under s. 73.0301 (5), Stats., and not as provided in s. 48.72, Stats.

(9) Effect of notice to deny or revoke a license.

(a)

If the department decides under sub. (8) to deny the grant of a license or to revoke a license, the department shall notify the applicant or licensee in writing of its decision and the reasons for that decision.
If the department revokes a license, the effective date of the revocation shall be either immediately or 30 days after the date of the department notice in subd. 1., based on the criteria under s. 48.715 (4m) (a) and (b), Stats., unless the decision is appealed under sub. (11).

(b) Upon receipt of the notice in par. (a) and during any revocation or denial procedures that may result, a family child care center may not accept for care any child not enrolled and in care as of the date of receipt of the notice without the written approval of the department.

(10) Summary suspension of a license.

(a) Under the authority of s. 227.51 (3), Stats., the department shall summarily suspend a license and close a family child care center when the department finds that the public health, safety or welfare requires emergency action and incorporates a finding to that effect into its order. A finding of a requirement for summary suspension of the license may be based on any of the following:

Failure of the licensee to provide environmental protections for the children, such as heat, water, electricity or telephone service.
The licensee, an employee, a volunteer or any other person in regular contact with the children in care has been convicted of or has a pending charge for a crime against life or bodily security.
The licensee, an employee, a volunteer or any other person in regular contact with the children in care has been convicted of a felony, misdemeanor or other offense which substantially relates to the care of children or activities of the center or has a pending charge which substantially relates to the care of children or activities of the center.
The licensee, employee, volunteer or any other person in regular contact with the children in care is the subject of a current investigation for alleged child abuse or neglect pursuant to s. 48.981, Stats., or has been determined by a child protective services agency or law enforcement agency to have abused or neglected a child.
The licensee or a person under the supervision of the licensee has committed an action or has created a condition relating to the operation or maintenance of the child care center that directly threatens the health, safety or welfare of any child under the care of the licensee.

(b) An order summarily suspending a license and closing a family child care center may be a verbal order by a licensing representative of the department. Within 72 hours after the order takes effect, the department shall either permit the reopening of the center or proceed under subs. (8) or (9) to revoke the license. A preliminary hearing shall be conducted by the department of administration’s division of hearings and appeals, within 10 working days after the date of the initial order to close, on the issue of whether the license shall remain suspended during revocation proceedings.

(11) Appeal of decision to deny or revoke a license. Any person aggrieved by the department’s decision to deny an initial license or the renewal of a license or to revoke a license may request a hearing on that decision under s. 227.42, Stats. The request for a hearing shall be in writing and submitted to the department of administration’s division of hearings and appeals. The request for a hearing shall be sent to the division of hearings and appeals within 10 days after the date of the notice under sub. (9).

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 (608) 264-9885. A copy of the request should be sent to the appropriate regional licensing office listed in Appendix A.

History

CR 03-052: cr. Register December 2004 No. 588, eff. 3-1-05; corrections in (8) (a) 4. and (c) made under s. 13.92 (4) (b) 6. and 7., Stats., Register November 2008 No. 635; CR 07-102: am. (2) (g), (h), (8) (a) and (11) (a), renum. (3) (c) 5. to be (3) (c) 9., cr. (3) (c) 5., 6., 7., 8., (4) (a) 5., 6., 7., 8., (5) (b) 5., 6., 7. and 8., r. and recr. (4) (a) 2. and (5) (b) 2. Register December 2008 No. 636, eff. 1-1-09; corrections in (3) (c) 7., 8., (4) (a) 2., 7., (5) (b) 2. and 7. made under s. 13.92 (4) (b) 7., Stats., Register December 2008 No. 636; EmR1918: emerg. cr. (2) (am), am. (3) (c) 1., 2., cr. (3) (c) 6m., r. (4) (a) 2., am. (4) (a) 3., cr. (4) (a) 6m., am. (4) (b), (5) (a), r. (5) (b) 2., am. (5) (b) 3., cr. (5) (b) 6m., am. (5) (c), cr. (5) (d), am. (9) (b), renum. (11) (a) to (11), r. (11) (b) to (d), eff. 1-30-19; CR 19-089: cr. (2) (am), am. (3) (c) 1., 2., cr. (3) (c) 6m., r. (4) (a) 2., am. (4) (a) 3., cr. (4) (a) 6m., am. (4) (b), (5) (a), r. (5) (b) 2., am. (5) (b) 3., cr. (5) (b) 6m., am. (5) (c), cr. (5) (d), r. (5) (d), am. (9) (b), renum. (11) (a) to (11), r. (11) (b) to (d) Register March 2020 No. 771, eff. 4-1-20, except r. (5) (d), eff. 10-1-21; correction in (5) (a) made under s. 35.17, Stats., Register March 2020 No. 771; CR 21-100: cr. (2) (ar), am. (11) Register February 2023 No. 806, eff. 3-1-23; CR 26-010: am. (2) (am), cr. (3) (c) 8m., (cm), (4) (a) 7m., (5) (b) 7m., (6) (d) Register July 2026 No. 847, eff. 8-1-26.

Wis. Admin. Code § DCF 250.12 Complaints, inspections and enforcement actions {#sec-dcf-250.12 omnilex-key=us-wi-regs-official--agency-dcf--DCF 250.12}

(1) Complaints.

(a) Anyone having a complaint about a licensed or illegally operating family child care center may submit that complaint to the department by telephone, letter or personal interview. A representative of the department shall investigate every complaint. If requested by the complainant, the department shall provide the complainant a written report of the investigation findings.

Note: A complaint should be sent, phoned or delivered to the appropriate Division of Early Care and Education regional office listed in Appendix A.

(b) The licensee may not discharge an employee because the employee has reported violations of this chapter to the licensing representative.

(2) Inspection. Pursuant to s. 48.73, Stats., the department may visit and inspect any family child care center at any time during licensed hours. A department licensing representative shall have unrestricted access to the premises identified in the license, including access to children in care, staff and child records, and any other materials or individuals with information on the family child care center’s compliance with this chapter.

(3) Enforcement action. The department may order any sanction or impose any penalty on a licensee in accordance with s. 48.686, 48.715, or 48.76, Stats.

History

CR 03-052: cr. Register December 2004 No. 588, eff. 3-1-05; CR 14-028: renum. (2) to (2) (a), cr. (2) (b) Register July 2016 No. 727, eff. 8-1-16; EmR1918: emerg., r. and recr. (2), am. (3), eff. 1-30-19; CR 19-089: r. and recr. (2), am. (3) Register March 2020 No. 771, eff. 4-1-20; (2) (title) created under s. 13.92 (4) (b) 2., Stats., Register March 2020 No. 771.

Chapter DCF 250 Appendix A APPENDIX A

Wis. Admin. Code § Chapter DCF 250 APPENDIX A {#sec-chapter-dcf-250 omnilex-key=us-wi-regs-official--agency-dcf--Chapter DCF 250}

Regional Offices of the Division of Early Care and Education

The Department of Children and Families licenses child care centers through five Division of Early Care and Education regional offices. Below are addresses and phone numbers of the regional offices and the counties and tribes within each region.

See PDF for table

Chapter DCF 251 GROUP CHILD CARE CENTERS AND CHILD CARE PROGRAMS ESTABLISHED OR CONTRACTED FOR BY SCHOOL BOARDS

Wis. Admin. Code § DCF 251.01 Authority and purpose {#sec-dcf-251.01 omnilex-key=us-wi-regs-official--agency-dcf--DCF 251.01}

This chapter is promulgated under the authority of s. 48.67, Stats., to establish licensing requirements under s. 48.65, Stats., for group child care centers for children. The purpose of this chapter is to protect the health, safety and welfare of children being cared for in group child care centers.

History

Cr. Register, January, 1997, No. 493, eff. 8-1-97; CR 03-052: am. Register December 2004 No. 588, eff. 3-1-05; CR 07-102: am. Register December 2008 No. 636, eff. 1-1-09.

Wis. Admin. Code § DCF 251.02 Applicability {#sec-dcf-251.02 omnilex-key=us-wi-regs-official--agency-dcf--DCF 251.02}

(1) Included and excluded care arrangements. This chapter applies to all group child care centers, whether the facility in which the child care and supervision are provided is known as a day care center, nursery school or preschool, head start or school-age child care program, or by any other designation, but it does not apply to the following:

(a) Care and supervision of children in a program, including religious education classes, which operates no more than 4 hours a week.

(b) Group lessons to develop a talent or skill, such as dance or music lessons, social group meetings and activities and group athletic activities.

(c) Care and supervision while the child’s parent is on the premises and is engaged in shopping, recreation or other non-work activities.

(d) Care and supervision provided at the site to the child of a recipient of temporary assistance to needy families or Wisconsin works who is involved in orientation, enrollment or initial assessment prior to the development of an employability plan or the child care is provided where parents are provided training or counseling.

(e) Seasonal programs of 10 days or less duration in any 3-month period, including day camps, vacation bible schools and holiday child care programs.

(f) Care and supervision in emergency situations.

(g) Care and supervision while the child’s parent is employed on the premises if the child receives care and supervision for no more than 3 hours a day.

Note: Section 48.65, Stats., exempts parents, guardians and certain other relatives; public and parochial (private) schools; persons who come to the home of the child’s parent to provide care for less than 24 hours per day; and counties, cities, villages, towns, school districts, and libraries that provide programs for children primarily intended for social or recreational purposes from the requirement of a license.

(2) Exception to a requirement. The department may grant an exception to a requirement of this chapter when it is demonstrated to the satisfaction of the department that granting the exception will not jeopardize the health, safety or welfare of any child served by the center. A request for an exception shall be in writing, shall be sent to the department and shall include justification for the requested action and a description of any alternative provision planned to meet the intent of the requirement.

Note: A request for an exception to a requirement of this chapter should be sent to the licensing representative at the appropriate field office of the Department’s Division of Early Care and Education. See Appendix A for addresses of the regional offices.

History

Cr. Register, January, 1997, No. 493, eff. 8-1-97; correction in (1) (d) made under s. 13.93 (2m) (b) 7., Stats.; CR 03-052: am. (1) (intro.) and (d) Register December 2004 No. 588, eff. 3-1-05.

Wis. Admin. Code § DCF 251.03 Definitions {#sec-dcf-251.03 omnilex-key=us-wi-regs-official--agency-dcf--DCF 251.03}

In this chapter:

(1g) “Abusive head trauma” means a serious type of head injury, including shaken baby syndrome, that is caused by shaking, throwing, hitting, slamming, or jerking.

(1m) “Administrative authority” means a licensee’s decision-making power regarding the group child care center.

(1r) “Administrator” means the person responsible to the licensee for management of the group child care center.

(2) “Assistant child care teacher” has the meaning given in s. 48.65 (4) (a) 1., Stats.

(2m) “Background check request form” means a form prescribed by the department on which a person completes required information for the child care background check under s. 48.686, Stats., and ch. DCF 13.

Note: Form DCF-F-5296, Background Check Request, is available on the department’s website, https://dcf.wisconsin.gov/cclicensing/ccformspubs.

(3) “Care” means providing for the safety and the developmental needs of a child in a group child care center.

(4) “Center director” means the person who is responsible to the licensee for the supervision of the center’s program for children and for the supervision of the center’s staff and who meets the qualifications under s. DCF 251.05 (3) (e).

(4g) “Center-provided transportation” means transportation provided in a vehicle owned, leased or contracted for by the center or in volunteer or staff-owned vehicles regardless of whether the driver is reimbursed for the use of the vehicle.

(4m) “Center-provided vehicle” means a vehicle owned or leased by the center or a vehicle owned by the licensee or an employee that is used to transport children, but does not include a vehicle owned and driven by a parent or volunteer.

(4r) “Child care background check” means the requirements in s. 48.686, Stats., and ch. DCF 13.

(5) “Child care teacher” has the meaning given in s. 48.65 (4) (a) 2., Stats.

(6) “Child care worker” means in a group child care center, a child care teacher or assistant child care teacher, or in a school-age program, a school-age program leader or school-age group leader.

(8) “Complaint” means an allegation that a provision of this chapter or of ch. 48, Stats., has been violated.

(8g) “Credit” means recognition for completing a course from an institution of higher education.

(8r) “Crib” means a bed for an infant or young child that is enclosed on 4 sides including play pens and portable cribs.

(9) “Department” means the Wisconsin department of children and families.

(10) “Division” means the department’s division of early care and education.

(10g) “Early childhood education” means the teaching of children who are 8 years of age or less.

(10m) “Emergency” means unforeseen circumstances that require immediate attention.

(10s) “EPSDT provider” means a provider of health assessment and evaluation services that is eligible to be certified under s. DHS 105.37 (1) (a).

(11) “Field trip” means any experience a child has away from the premises of the center, while under the care of center staff, whether a child walks or is transported.

(11g) “Fit and qualified” means displaying the capacity to successfully nurture and care for children and may include consideration of any of the following:

(a) Abuse of alcohol or drugs.

(b) A history of a civil or criminal conviction or administrative rule violation that is substantially related to the care of children, as determined under s. DCF 13.05.

(d) A history of civil or criminal offenses or any other action that demonstrate an inability to manage financial resources or the activities of a center.

(11r) “Full day center” has the meaning given in s. 48.65 (4) (a) 3., Stats.

(12) “Group” means a specific number of children who have a regularly assigned child care worker and who are cared for in the same self-contained room or area at the center.

(13) “Group child care center” or “center” means a facility where a person for less than 24 hours a day provides care and supervision for 13 or more children who are not related to the provider.

(13m) “Hazard” means a potential source of harm that can jeopardize the health, safety or well-being of children in care.

(14) “Hours of operation” means the hours within the terms of the license during which children are actually in the care of the center.

(14g) “In care” means the center is providing supervision, either on or off the premises, including during center-provided transportation, for the safety and the developmental needs of the child or children.

(14r) “Inclement weather” means stormy or severe weather such as any of the following:

(a) Heavy rain.

(b) Temperatures above 90 degrees Fahrenheit.

Note: Par. (c) is amended eff. 8-1-27 by CR 26-010, section 30, to read:

(d) Wind chills of 20 degrees Fahrenheit or below for children under the age of 18 months.

Note: Par. (d) is amended eff. 8-1-27 by CR 26-010, section 30, to read:

(d) Wind chills of 20 degrees Fahrenheit or below for children under age 2.

(15) “Infant” means a child under one year of age.

(16) “Institution of higher education” means an educational institution which meets all of the following criteria except, in the case of a business school or technical institution, par. (c):

(a) Admits as regular students only persons having a certificate of graduation from a school providing secondary education, or the recognized equivalent of such a certificate;

(b) Is legally authorized to provide a program of education beyond secondary education;

(c) Provides an education program for which it awards a bachelor’s degree or provides not less than a 2-year program which is acceptable for full credit toward that degree; and

(d) Is accredited by a nationally recognized accrediting agency or association or, if not accredited, is an institution whose credits are accepted, on transfer, by not less than 3 institutions which are accredited, for credit on the same basis as if transferred from an institution that is accredited.

(16m) “Licensed hours” means the authorized hours specified on the license certificate and letter of transmittal within which the center may provide child care services.

(17) “Licensee” means the corporation, individual, partnership, limited liability company, or non-incorporated association or cooperative that has legal and financial responsibility for the operation of a child care center and for meeting the requirements of this chapter.

(18) “Licensing representative” means a department employee responsible for licensing group child care centers.

(19) “Night care” means any care that is offered by a licensed group child care center between 10:00 p.m. and 5:00 a.m.

(20) “Parent” means either “parent” as defined in s. 48.02 (13), Stats., or “guardian” as defined in s. 48.02 (8), Stats.

(21) “Parent cooperative” means a center organized by parents for their preschool children in which the parents have decision-making authority to establish and change policy, program and personnel practices.

(22) “Parochial or private school” means an educational program which meets all the criteria specified under s. 118.165 (1), Stats., or as determined by the superintendent of public instruction under s. 118.167, Stats.

(22g) “Part day center” means a center where a defined group of children attend for a specified period of time that is less than 5 consecutive hours in length.

(22r) “Physical Restraint” means the use of physical force to restrict the free movement of all or part of a child’s body.

(25) “Premises” means the tract of land on which a center is located, including all buildings and structures on that land.

(25m) “Program aide” means a person who works under the supervision of a child care teacher and assists with daily activities and maintenance of the program, such as preparing and participating in program activities and cleaning the premises.

(26) “Regularly assigned child care worker” means a child care worker who is assigned to a specific group of children in a self-contained room or area.

(26m) “Representative of the department” means a department employee or a representative from an agency the department contracts with to provide pre-licensing services.

(26r) “School-age administrator” means a person who is responsible for the overall organizational management, including personnel, finance, physical plant, and the implementation of policies and procedures for a school-age program.

(27) “School-age child” means a child 5 years of age or older who is enrolled in a public school or a parochial or other private school.

(27c) “School-age director” means a person who is responsible for the management and implementation of the program for the school-age children; supervision of the staff, including recruitment, hiring, and training; oversight for regulatory compliance; and development of policies and procedures.

(27g) “School-age group leader” means a person who works under the supervision of a school-age program leader and helps plan, implement, and supervise daily activities for a designated group of school-age children.

(27n) “School-age program” has the meaning given in s. 48.65 (4) (a) 4., Stats.

(27r) “School-age program aide” means a person who works under the direct supervision of a school-age program leader and assists with daily activities and maintenance of the school-age program, such as preparing and participating in program activities and cleaning the premises.

(27w) “School-age program leader” has the meaning given in s. 48.65 (4) (a) 5., Stats.

(28) “Self-contained room or area” means a room separated by permanent walls or an area separated by permanent or portable partitions or dividers acting as a visual barrier for children which is reserved for a group of children and contains the indoor equipment and furnishings required for that group.

(28m) “Shaken baby syndrome” or “SBS” means a severe form of brain injury that occurs when an infant or young child is shaken or thrown forcibly enough to cause the brain to rebound against his or her skull.

(29) “Sleeping bag” means a padded fabric bag that is closed or capable of being closed on three sides.

(29g) “Substitute” means a person who replaces a regularly scheduled person and meets the requirements under s. DCF 251.05 (3) (i).

(29m) “Sudden infant death syndrome” or “SIDS” means the sudden death of an infant under one year of age that remains unexplained after a thorough case investigation, including performance of a complete autopsy, examination of the death scene and a review of the clinical history.

(30) “Supervision of children” means guidance of the behavior and activities of children for their health, safety and well-being by child care workers who are within sight and sound of the children.

(31) “Supervision of staff” means guidance of the behavior and activities of center employees which may include provision of instructions to carry out activities for limited periods of time out of sight or hearing of the supervisor.

(32) “Toddler” means a child at least one year of age but less than 2 years of age.

(33) “Universal precautions” means measures taken to prevent transmission of infection from contact with blood or other potentially infectious material, as recommended by the U.S. public health services centers for disease control and adopted by the U.S. occupational safety and health administration (OSHA) as 29 CFR 1910.1030.

(34) “Volunteer” means a person who is not paid, but agrees to give time, with or without reimbursement for expenses, to transport children attending a group child care center or to work in a group child care center.

(35) “Wading pool” means a shallow pool, with sides 15 inches or less in height, capable of being dumped to change water and used primarily for small children.

History

Cr. Register, January, 1997, No. 493, eff. 8-1-97; correction in (22) made under s. 13.93 (2m) (b) 7., Stats.; CR 03-052: am. (1), (3), (6), (13), (17), (18), (19), (33) and (34), cr. (3m), (4m), (8m), (10m), (11g), (11r), (14g), (14r), (18m), (22g), (22r), (26m), (29m) and (35), r. (7) Register December 2004 No. 588, eff. 3-1-05; corrections in (2), (3m), (4), (5), (9), (10), (11g) (b), (14) and (18m) made under s. 13.92 (4) (b) 6. and 7., Stats., Register November 2008 No. 635; CR 07-102: cr. (4g), (8r), (11g) (d), (13m), (28m) and (29g), am. (11), (11g) (intro.), (14r) (b) to (d) and (34) Register December 2008 No. 636, eff. 1-1-09; correction in (29g) made under s. 13.92 (4) (b) 7., Stats., Register December 2008 No. 636; 2015 Wis. Act 132: am. (2), (4), (5) Register February 2016 No. 722, eff. 3-1-16; corrections in (2) and (11g) (b) made under s. 13.92 (4) (b) 7., Stats., Register September 2016 No. 729; EmR1918: emerg. am. (2), cr. (2m), r. (3m), am. (4), cr. (4r), am. (5), cr. (10g), r. and recr. (10m), am. (11g) (b), (14g), cr. (16m), am. (17), r. (18m), am. (19), (26), (29g), eff. 1-30-19; CR 19-089: am. (2), cr. (2m), r. (3m), am. (4), cr. (4r), am. (5), cr. (10g), r. and recr. (10m), am. (11g) (b), (14g), cr. (16m), am. (17), r. (18m), am. (19), (26), (29g) Register March 2020 No. 771, eff. 4-1-20; CR 20-003: renum. (14) to (10s) and am. Register July 2020 No. 775, eff. 8-1-20; CR 21-100: renum. (1) to (1r), cr. (1g), am. (6), cr. (8g), r. (8m), cr. (14), am. (14g), cr. (25m), (26r), (27c) to (27w) Register February 2023 No. 806, eff. 3-1-23; correction in (24) made under s. 13.92 (4) (b) 7., Stats., Register February 2023 No. 806; CR 26-010: cr. (1m), r. and recr. (2), (5), (11r), am. (13), (14r) (c), (d), r. (23), (24), r. and recr. (27n), (27w) Register July 2026 No. 847, eff. 8-1-26, except (14r) (c), (d) eff. 8-1-26 and 8-1-27.

Wis. Admin. Code § DCF 251.04 Operational requirements {#sec-dcf-251.04 omnilex-key=us-wi-regs-official--agency-dcf--DCF 251.04}

(1) Terms of a license.

(a) The number of children in care at any one time may not exceed the licensed capacity of the center.

(b) The age of children served by a center may not be younger or older than the age range specified in the license.

(2) Administration. A group child care center licensee shall do all of the following:

(a) Comply with all laws governing the facility and its operation.

Note: Under the state public accommodation law s. 106.52 (3), Stats., federal law related to use of federal funding, and some local anti-discrimination ordinances, denying admission on the basis of race, disability, religion, or certain other characteristics may be illegal.

(b) Comply with all requirements of this chapter.

(bm) Comply with all conditions placed on the license.

(d) If residing in another state, designate in writing, as part of the application under s. DCF 251.11 (2) and (3), a Wisconsin resident who is responsible on behalf of the licensee for ensuring compliance with all requirements of this chapter.

(e) Meet, upon request of the department, with a licensing representative on matters pertaining to the license.

(f) Prior to receiving or continuing a license, complete all application forms and pay all fees and forfeitures due to the department.

(g) Submit to the department a certificate of insurance that meets the following conditions:

The certificate of insurance shall have coverage dates for all of the following types of insurance:

a. General liability insurance with limits of not less than $25,000 for each person and not less than $75,000 for each occurrence.

b. Vehicle liability insurance with minimums not less than the amounts specified under s. 121.53, Stats., if transportation is provided by the center.

c. Vehicle liability insurance for non-owned vehicles with minimums not less than the amounts specified under s. 121.53, Stats., if transportation is provided in vehicles that are not owned by the center and are not public transportation vehicles or chartered vehicles.

The certificate of insurance shall indicate that pets are included in the liability coverage if cats or dogs are permitted in areas of the center accessible to children during the hours of operation.

(h) Develop, submit to the department, and implement written policies consistent with the requirements of this chapter on all of the following subjects:

Fee payments and refunds.
Personnel, including job descriptions, hours of work, lunch and break times, holidays, vacations, sick leaves, leaves of absence, probationary periods, performance evaluations, grievance procedures and the disciplinary process. The personnel policy shall contain a procedure that requires staff to notify the licensee and the licensee to notify the department as soon as possible but no later than the next business day when any of the following occurs:

a. The employee has been convicted of a crime.

c. The employee has a substantiated governmental finding against them for abuse or neglect of a child or adult or for misappropriation of a client’s property.

d. When a professional license held by an employee has been denied, revoked, restricted or otherwise limited.

Discharge of enrolled children.
Admission.
Health care. If the center is licensed to care for children under one year of age, the policies shall include procedures to reduce the risk of sudden infant death syndrome.
Education.
Nutrition, including accommodating children with food allergies.
Child guidance, including appropriate ways to manage crying, fussing, or distraught children.
Emergency plans to be followed in the event of a fire, tornado, missing child, or other emergency.
Continuing education for staff.
Orientation of new staff and volunteers.
Transportation, if the center will transport children either on field trips or on a regular schedule. The policy shall include a procedure to ensure that no child is left unattended in a vehicle.

(j) Ensure that all published statements such as brochures and publicity releases are accurate.

(k) Post the child care license near the entrance or in some other conspicuous area of the center that is visible to the public.

(L)

Post next to the child care license all of the following:

a. The current licensing statement of compliance or a noncompliance statement and correction plan, including any rule violations the department has not verified as corrected and in compliance.

b. Any notice from the department regarding rule violations, such as a warning letter or enforcement action.

c. Any stipulations, conditions, temporary closures, exceptions, or exemptions that affect the license.

All items posted as required under this paragraph posted shall be visible to parents.

(m) Ensure that any action, by commission or omission, or any condition or occurrence relating to the operation or maintenance of the child care center does not adversely affect the health, safety or welfare of any child under the care of the licensee.

(n) Submit to the department by the department’s next business day a completed background check request form if any of the following occurs:

A change in the board president or chairperson.
A corporation or limited liability company designates a new person to be subject to the background check.
A household member turns 18 years of age, unless the household member has previously submitted a background check request form.
A household member turns 10 years of age.

(o) Submit to the department a completed background check request form for each potential household member prior to the date on which the person becomes a household member, unless the person is less than 10 years of age.

Note: The Background Check Request form is available electronically through the Child Care Provider Portal or at https://dcf.wisconsin.gov/forms. A paper version is available from any regional licensing office listed in Appendix A.

(p) Submit a current delegation of administrative authority signed by the licensee that outlines the organizational structure and designates, in a chain of command form, those persons on the premises in charge of the center for all hours of operation.

(3) Reports. The licensee shall report to the department all of the following. If the report is made by telephone, the licensee shall submit a written report to the appropriate regional licensing office within 5 business days of the incident. Fax, e-mail, and letter are acceptable ways of filing a written report:

Note: The licensee may use either the department’s form, Incident Report - Child Care Centers, or the licensee’s own form to report incidents or accidents. The form is available on the department’s website at https://dcf.wisconsin.gov/cclicensing/ccformspubs.

(am) Any death of a child in care, within 24 hours after the death.

Note: The licensee may use either the department’s form, Incident Report - Child Care Centers, or the licensee’s own form to report the death of a child in care. The department’s form is available at https://dcf.wisconsin.gov/cclicensing/ccformspubs.

(ar) Any injury caused by an animal to a child in care, within 24 hours after the incident.

(b) Any damage to the premises that may affect compliance with this chapter, or any incident at the premises that results in the loss of utility services, within 24 hours after the occurrence.

(d) A change of any program services, including expected temporary closures lasting more than 2 weeks, at least 5 days prior to the change.

(dm) Unexpected closures lasting more than 2 weeks, within 24 hours after the center has been closed for a 2-week period.

(e) Statistical data required by the department on forms provided by the department.

(f) If requested by the department, a plan of correction for cited violations of this chapter or ch. 48, Stats., in a format specified by the department. The department shall receive the plan of correction by the date the department specifies and be approved by the department licensing representative.

Note: The licensing representative will notify the licensee if a plan of correction is required and provide the plan of correction format with the notification.

(g) Any known convictions, pending charges, or other offenses of the licensee, group child care center employees, or other person subject to a child care background check that could potentially relate to the care of children at the center or activities of the center by the department’s next business day.

(h) Any change in room usage, such as changing the way rooms are primarily used by children or using rooms not previously approved for use at least 20 working days prior to the change. Changes in room usage shall be approved by the department prior to the change.

(i) Any incident related to a child who leaves the premises of the center without the knowledge of the provider or any incident that results in a provider not knowing the whereabouts of a child in attendance at the center within 24 hours of the occurrence.

(j) Any suspected abuse or neglect of a child by an employee or volunteer that was reported under s. DCF 251.04 (8), including any incident that results in a child being forcefully shaken or thrown against a surface, hard or soft, during the child’s hours of attendance, within 24 hours after the occurrence.

(jm) Any prohibited actions specified in s. DCF 251.07 (2) (e) by an employee or volunteer to a child in care, within 24 hours after the incident.

(k) Any incident involving law enforcement within 24 hours after the occurrence that:

Involves a licensee, a household resident or an employee of the center in an incident that causes, or threatens to cause, physical or serious emotional harm to an individual, including a child in the care of the center.
Involves any traffic-related incident where a person responsible for the violation transports children in the care of the center.

(L) Any construction or remodeling on the premises that has the potential to affect an area accessible to children or a condition of the license. Notification shall be provided in writing before the construction or remodeling begins.

Note: See s. DCF 251.11 (5) (a) for items that affect a condition of the license.

Note: Alterations, additions, or changes of use to commercial buildings may require submittal of plans to and approval by the Department of Safety and Professional Services or its agent before commencing construction. It is recommended that an architect or engineer be consulted prior to the beginning of any construction or remodeling to determine whether plans must be submitted.

(m) Any confirmed case of a communicable disease reportable under ch. DHS 145 in a child enrolled at the center or a person in contact with children at the center, within 24 hours after the center is notified of the diagnosis. The licensee shall also notify the local health department within 24 hours after the center is notified of the diagnosis.

(n) Any change in meal preparation arrangements, at least 5 calendar days before the change. Centers adding meal preparation after an initial license has been issued shall document compliance with building codes related to kitchens before beginning to prepare meals on the premises.

(o) Any change in transportation services, at least 5 calendar days prior to the change.

(4) Parents.

(a) The center administrator shall notify the parents of an enrolled child of all of the following:

The child has been exposed to a confirmed case of a communicable disease reportable under ch. DHS 145 and transmitted through normal contact. Notification shall occur when the information becomes known to the center.
Notification shall be made immediately and shall provide sufficient detail to reasonably apprise the parent in all of the following situations:

a. The child becomes ill.

b. The child needs professional evaluation of an injury.

c. The child experiences a head injury, has a seizure, consumes incorrect breastmilk, consumes food or drink that may contain the child’s allergen, consumes or comes in contact with poisonous materials, or is given incorrect medication. For purposes of this subd. 2. c., a “head injury” means a bump, blow, or jolt to the head.

d. The child’s whereabouts are unknown to the assigned provider.

e. The child was subject to child guidance that is prohibited under s. DCF 251.07 (2) (e) and (f).

The child has sustained a minor injury that does not appear to require professional medical evaluation. Notification may be made when the child is picked up at the center or delivered to the parent or other authorized person.
The child will be going on a field trip that is not part of the regularly scheduled program. Notification of the date, time, and destination shall be prior to the field trip.

(b) The center shall permit parents to visit and observe at any time during the center’s hours of operation, unless access is prohibited or restricted by court order.

(c) The center shall offer conferences at least twice each year for parent and staff communication regarding the child’s adjustment to the program and the child’s growth and development.

Note: When a child care worker or a parent has concerns about a child’s growth or development, a referral to a Birth-to-Three agency or the local public school should be considered to determine if the child is eligible for special services. Wisconsin has an information and referral service for persons with questions or concerns about a child’s development called Well Badger Resource Center that is available to the public 24 hours a day, 7 days a week. When a call is placed to Well Badger Resource Center at 1-800-642-7837, the caller will learn about early intervention services, as well as other related services in the area.

(d) The center shall notify parents of any religious training that is part of the center’s program. The reference to the religious component shall be included in any publicity and in the education policy.

(e) The center shall provide a summary of this chapter to the parents of each child upon the child’s enrollment.

Note: Copies of a summary of this chapter may be obtained from the Child Care Information Center, www.ccic.wi.gov, 1-800-362-7353.

(f) A copy of this chapter shall be posted or available in an area of the center where parents are likely to see it.

(g) A copy of the child care policies of the center shall be made available to the parents in an area of the center accessible to parents. Personnel policies need not be included.

(6) Children’s records.

(a) The licensee shall maintain a current written record obtained prior to the child’s first day of attendance or subsequent re-enrollment at the center on each child enrolled and shall make the record available to the licensing representative on request. Each record shall include all of the following:

Enrollment information consisting of:

a. The name and birthdate of the child.

b. The full names of the child’s parents.

c. The child’s home address and telephone number.

d. An address and telephone number where a parent can be reached while the child is in care.

e. The name, address, telephone number and relationship to the child of a person to be notified in an emergency when a parent cannot be reached immediately.

f. The name, address and telephone number of a physician or medical facility caring for the child.

g. The names, addresses and telephone numbers of persons other than a parent authorized to call for the child or to accept the child who is dropped off.

h. The child’s first day of attendance at the center.

Written consent from the parent for emergency medical care or treatment.

Note: The licensee may use either the department’s form, Child Care Enrollment, or the licensee’s own form to obtain consent of the child’s parent for emergency medical treatment. Information on how to obtain the department’s form is available on the department’s website, http://dcf.wisconsin.gov, or from any regional licensing office in Appendix A.

Authorization from the parent for the child to participate in field trips and other off-premises activities, if these are part of the center’s program.

Note: The licensee may use either the department’s form, Field Trip or Other Activity Notification/Permission, the department’s form, Child Care Enrollment, or the licensee’s own form for securing parental permission. Forms are available on the department’s website, https://dcf.wisconsin.gov/cclicensing/ccformspubs.

Authorization from the parent outlining the plan for a child to come to the center from school, home or other activities or to go from the center to school, home or other activities unless the child is accompanied by a parent or other authorized person or transported by the center.

Note: The licensee may use either the department’s form, Alternate Arrival/Release Agreement — Child Care Centers, or the licensee’s own form for securing the parent’s authorization. Information on how to obtain the department’s form is available on the department’s website, http://dcf.wisconsin.gov, or from any regional licensing office in Appendix A.

Health history information that includes all the following:

a. The name and birthdate of the child.

b. The full names of the child’s parents.

c. A telephone number where the parent can be reached while the child is in care.

d. The name, address, and telephone number of the physician or medical facility caring for the child.

f. If the child has a medical condition, triggers that may cause a problem, signs or symptoms for the child care worker to watch for, steps a child care worker should follow, when to call a parent regarding symptoms, when the condition requires emergency medical care, and identification of all child care workers who have received specialized training or instructions to help treat symptoms.

Note: The licensee may use the department’s form, DCF-F-CFS2345, Health History and Emergency Care Plan, or the licensee’s own form for obtaining the information.

6m. Documentation that indicates the child’s immunization history is in compliance with s. 252.04, Stats., and ch. DHS 144.

Note: To record immunization information, use either an electronic printout from the Wisconsin Immunization Registry or other registry maintained by a health care provider or the Department of Health Services Form F-44192, Child Care Immunization Record. The form is available on the department’s website at https://dcf.wisconsin.gov/cclicensing/ccformspubs.

Specific informed written consent from the parent for each incident of participation by a child in any research or testing project.

Note: The licensee may use either the department’s form, Informed Consent for Observation or Testing by an Outside Agency — Child Care Centers, or the licensee’s own form for securing the parent’s written consent. Information on how to obtain the department’s form is available on the department’s website, http://dcf.wisconsin.gov, or from any regional licensing office in Appendix A.

Documentation of each child’s most recent physical examination in accordance with the following schedule:

a. Each child under 2 years of age shall have an initial health examination not more than 6 months prior to nor more than 3 months after being admitted to the center, and a follow-up examination at least once every 6 months thereafter.

b. Each child who is at least 2 years of age but who is not 5 years of age or older shall have an initial health examination not more than one year prior to nor later than 3 months after being admitted to a center, and a follow-up health examination at least once every 2 years thereafter.

c. Children 5 years of age and older are not required to have a health exam.

d. A health examination report shall be made on an electronic printout from a licensed physician, physician assistant, or other EPSDT provider or on a form provided by the department that is signed and dated by a licensed physician, physician assistant, or other EPSDT provider.

(b) The licensee shall maintain a current, accurate written record of the daily attendance and date of birth of each child for the length of time the child is enrolled in the program. The actual time of arrival and departure for each child shall be recorded if hours of arrival and departure vary among children.

Note: The form, Daily Attendance Record — Child Care, may be used to record a child’s daily attendance. Information on how to obtain the department’s form is available on the department’s website, http://dcf.wisconsin.gov, or from any regional licensing office in Appendix A.

(c) If children are transported by the center to or from the child’s home or school, the licensee shall maintain a daily attendance record that includes the actual time the child was picked up or dropped off.

(7) Confidentiality. The licensee is responsible for the compliance of child care center employees and volunteers with s. 48.78, Stats., and this subsection. The licensee shall ensure that:

(a) Persons having access to children’s records do not discuss or disclose personal information regarding the children and facts learned about the children and their relatives. This does not apply to:

The parent or a person authorized in writing by the parent to receive the information.
Any agency assisting in planning for the child when informed written parental consent has been given.
Agencies authorized under s. 48.78, Stats.

(b) A parent, upon request, has access to all records and reports maintained on his or her child.

(c) All records required by the department under this chapter for licensing purposes are available to the licensing representative.

(8) Reporting child abuse or neglect. A licensee, employee, or volunteer at a child care center who knows or has reasonable cause to suspect that a child who is known or seen by the licensee, employee, or volunteer in the course of their professional or volunteer duties has been abused or neglected or that the child has been threatened with abuse or neglect and that abuse or neglect of the child will occur shall immediately contact the county department of social services under s. 46.22, Stats.; the county department of human services under s. 46.23, Stats.; or, in a county having a population of 750,000 or more, the department; or a local law enforcement agency, as required by s. 48.981 (3) (a), Stats.

Note: Child care workers are required to report known or suspected child abuse or neglect as specified above. Reporting to the licensee does not lessen this legal duty if the licensee fails to report as specified above. Information related to child abuse or neglect may be obtained from the Child Care Information Center, www.ccic.wi.gov, 1-800-362-7353.

Note: See s. DCF 251.04 (3) (j) on reporting suspected abuse of a child by a staff member to the department.

History

Cr. Register, January, 1997, No. 493, eff. 8-1-97; CR 03-052: am. (2) (c), (f), (g), (i) and (m), (3) (a), (f) and (g), (5) (a), (6) (a) and 6., (7) (intro), (8) (a), (b) (intro), and 3., cr. (3) (h) to (L), (6) (a) 6m., r. and recr. (5) (a) 2. and 3. Register December 2004 No. 588, eff. 3-1-05; corrections in (2) (d), (3) (j), (4) (a) 1., (5) (a) 2. to 5. made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; CR 07-102: am. (1) (a), (2) (f), (h) 2., (i) 5., 6., (k), (L), (3) (intro.), (a), (c), (g), (j), (6) (a) 5. and (b), cr. (2) (h) 2. a., b., c., d., (i) 9., (n), (o), (p), (3) (m), (n), (5) (a) 6., 7., 8. and (6) (a) 8., r. and recr. (5) (a) 5. Register December 2008 No. 636, eff. 1-1-09; corrections in (3) (m), (5) (a) 6. and (6) (a) 8. made under s. 13.92 (4) (b) 7., Stats., Register December 2008 No. 636; 2015 Wis. Act 132: am. (5) (a) 4. Register February 2016 No. 722, eff. 3-1-16; correction in (5) (a) 2., 3. made under s. 13.92 (4) (b) 7., Stats., Register September 2016 No. 729; EmR1918: emerg. am. (2) (d), cr. (2) (bm), r. and recr. (2) (g), am. (2) (h) (intro.), cr. (2) (h) 4. to 12., r. (2) (i), r. and recr. (2) (L), (n), (o), am. (3) (a), cr. (3) (am), (ar), am. (3) (b), (j), cr. (3) (jm), am. (3) (m), (n), cr. (3) (o), r. and recr. (4) (a) 1. to 4., am. (4) (d), r. (5), (6) (a) 1. i., 3., am. (6) (a) 4., 6m., r. and recr. (6) (a) 8., (c), am. (8) (title), eff. 1-30-19; CR 19-089: am. (2) (d), cr. (2) (bm), r. and recr. (2) (g), am. (2) (h) (intro.), cr. (2) (h) 4. to 12., r. (2) (i), r. and recr. (2) (L), (n), (o), am. (3) (a), cr. (3) (am), (ar), am. (3) (b), (j), cr. (3) (jm), am. (3) (m), (n), cr. (3) (o), r. and recr. (4) (a) 1. to 4., am. (4) (d), r. (5), (6) (a) 1. i., 3., am. (6) (a) 4., 6m., r. and recr. (6) (a) 8., (c), am. (8) (title), Register March 2020 No. 771, eff. 4-1-20; correction in (2) (g) 1. (intro.), (n) 4., (3) (b), (j) made under s. 35.17, Stats., and correction in (4) (a) 2. c. made under s. 13.92 (4) (b) 7., Stats., Register March 2020 No. 771; CR 20-003: am. (6) (a) 8. d. Register July 2020 No. 775, eff. 8-1-20; CR 21-100: am. (1) (a), (3) (d), cr. (3) (dm), am. (3) (g), (4) (a) 2. (intro.), cr. (4) (a) 2. d., e., am. (4) (c), r. and recr. (6) (a) 6., renum. (8) (a) to (8), r. (8) (b) Register February 2023 No. 806, eff. 3-1-23; CR 26-009: am. (8) Register July 2026 No. 847, eff. 8-1-26; correction in (8) made under s. 35.17, Stats., Register July 2026 No. 847.

Wis. Admin. Code § DCF 251.05 Staff {#sec-dcf-251.05 omnilex-key=us-wi-regs-official--agency-dcf--DCF 251.05}

(1) Definition. In this section, “the Registry” means a brand of The Registry, Inc., a professional development recognition agency.

Note: For further information, see https://www.wiregistry.org.

(2) Staff records.

(a) The licensee shall maintain a file on each employee or contracted employee. The file shall be available for examination by the licensing representative at the center and shall include all of the following:

The employee’s name, address, date of birth, education, position, previous work experience in child care, including the reason for leaving previous positions, and the name, address, and telephone numbers of persons to be notified in an emergency.

Note: The licensee may use the department’s form, Staff Record - Child Care Centers, or the licensee’s own form for recording staff information. The form is available at https://dcf.wisconsin.gov/cclicensing/ccformspubs.

Documentation from the department, either paper or electronic, that indicates a child care background check was completed in compliance with the timelines and requirements specified in s. 48.686, Stats., and ch. DCF 13 and the person is eligible to work in a child care program.

Note: Information on child care background checks is available at https://dcf.wisconsin.gov/ccbgcheck.

a. A report on a physical examination that was completed not more than 12 months prior to nor more than 30 days after the person was hired. The physical examination report may be a printout of an electronic record from a medical professional or on a form provided by the department. The report shall be signed and dated by a licensed physician, physician’s assistant, or other EPSDT provider. The report shall indicate that the person is free from illnesses detrimental to children, including tuberculosis, and that the person is physically able to work with young children.

b. The health examination requirement in subd. 3. a. does not apply to a provider who requests an exemption based on the provider’s adherence to religious belief in exclusive use of prayer or spiritual means for healing in accordance with a bona fide religious sect or denomination.

Note: The department’s form, Staff Health Report - Child Care Centers, is used for recording physical examination information. Forms are available on the department’s website, https://dcf.wisconsin.gov/cclicensing/ccformspubs.

a. A certificate from the Wisconsin Registry documenting that the person has met the educational qualifications for the position under sub. (3) if the person has worked as a teacher, director, or administrator at the center for at least 6 months. A copy of an educator’s license issued by the department of public instruction as a teacher may substitute for a certificate from the Wisconsin Registry.

b. For school-age administrators, school-age directors, and school-age program leaders who have been in the position for 6 months or more, a certificate from the Wisconsin Registry.

d. For persons not required to have a certificate from the Wisconsin Registry, including assistant child care teachers, program aides, school-age group leaders, school-age program aides, meal preparation personnel, substitutes, volunteers, and student teachers and a child care teacher, center director, administrator, school-age administrator, school-age director, or school-age program leader who has not worked for the center for more than 6 months, documentation of the person’s educational qualifications.

Note: Information about how to obtain a certificate may be obtained from the Wisconsin Registry’s website, https://www.wiregistry.org or by calling 608-222-1123.

For persons required to have a high school diploma or its equivalent, documentation of a high school diploma or its equivalent as determined by the Wisconsin department of public instruction.
Documentation of days and hours worked, and in which classroom, when the person was included in the staff-to-child ratio shall be maintained by the center.
Documentation of compliance with continuing education requirements under sub. (4) (c).
Documentation of compliance with orientation requirements under sub. (4) (a).

(b) A licensee shall maintain a file on each student teacher and each adult who works at the center and is compensated for their work from a source other than the center. The file shall contain the information specified in par. (a) 1., 2., and 3.

(3) Qualifications of staff.

(a) Competency. A child care worker, center administrator, center director, and volunteers counted in staff-to-child ratio shall be physically, mentally, and emotionally able to provide responsible care for all children, including children with disabilities.

(b) Training on preventing abusive head trauma. Each child care worker, center administrator, center director, volunteer counted in staff-to-child ratio, or substitute who provides care and supervision to children under 5 years of age shall document completion of department-approved training in abusive head trauma, and appropriate ways to manage crying, fussing, or distraught children prior to beginning to work with children under 5 years of age.

Note: Department-approved training in the prevention of abusive head trauma is included in the department-approved non-credit courses called Introduction to the Child Care Profession and Fundamentals of Infant and Toddler or the credit-based course called Health, Safety and Nutrition offered by a Wisconsin technical college, if the course was taken after July 1, 2005.

(c) Cardiopulmonary resuscitation training. All employees in regular contact with children shall obtain, maintain and place in the employee’s file a current certificate of completion for infant and child cardiopulmonary resuscitation and automated external defibrillator use from an agency approved by the department within 3 months after beginning to work with children in care. Volunteers included in determining staff-to-child ratios shall obtain a certificate of completion in infant and child cardiopulmonary resuscitation after volunteering for 240 cumulative hours. The time spent obtaining or renewing cardiopulmonary resuscitation training may be counted towards the required continuing education hours.

(cg) First aid training. All employees in regular contact with children shall complete a training in pediatric first aid procedures within 3 months after beginning to work with children in care. Volunteers included in determining staff-to-child ratios shall complete a training in pediatric first aid procedures by the time they have volunteered for a total of 240 hours. The time spent completing the training may be counted towards the required continuing education hours under sub. (4) (c).

(cm) Training on child abuse and neglect reporting requirements. Within one week after beginning work at the center and at least every 2 years thereafter, each employee or volunteer who comes in contact with children in care shall complete training in all of the following:

Child abuse and neglect laws.
How to identify children who have been abused or neglected.
The procedure for ensuring that all known or suspected cases of child abuse or neglect are immediately reported to the proper authorities.

(d) Administrator.

The licensee may act as administrator of a group child care center. If the licensee does not act as administrator, the licensee shall designate a person or persons to be the administrator or administrators of the center. The administrator shall be responsible for the center’s management, including personnel, finance, physical plant, and the day-to-day operation of the center.
An administrator, including a licensee that is an administrator, shall meet all of the following conditions:

a. Be at least 21 years of age.

b. Have completed high school or its equivalent, as determined by the Wisconsin department of public instruction.

Before a person assumes the position of administrator, the person shall have all of the following:

a. One year of experience as a manager or satisfactory completion of a noncredit department-approved course or of 2 credits in business or program administration.

b. One year of experience as a center director, as a child care teacher in a group child care center or kindergarten, or as a licensee of a family child care center under ch. DCF 250; or satisfactory completion of a non-credit department-approved course or of 2 credits in early childhood education or its equivalent.

If the board of a parent cooperative is responsible for management of a center, the requirements under subds. 2. and 3. do not apply.
Within one year of assuming the position, each administrator shall complete at least 10 hours of training in supervision or personnel management, if the administrator has not previously received that training. The training may be counted as part of the annual continuing education requirement.

(e) Center director.

a. A licensee with the applicable qualifications in this paragraph may act as the center director.

b. If the licensee does not act as center director, the licensee shall designate a person or persons to be the center director.

c. No person may act as the center director for more than 2 full-day or 4 part-day centers.

The center director shall be responsible for the supervision of the planning and implementation of the center’s program for children, the supervision of staff at the center, staff meetings and orientation, and continuing education for staff.
A center director for a program licensed to serve 50 or fewer children shall meet all of the following conditions:

a. Be at least 21 years of age.

b. Have completed high school or its equivalent as determined by the Wisconsin department of public instruction.

c. Have at least 240 hours of experience as a teacher or assistant teacher in a group child care center or other approved setting or have at least 240 hours of experience as a licensee or provider of a family child care center under ch. DCF 250.

d. Have completed at least one of the preservice training requirements in Table 251.05A prior to beginning work as a center director, except as specified in subd. 5. a. The center director shall also complete any additional training requirements in Table 251.05A as provided.

Note: Additional qualifications for school-age only directors are in s. DCF 251.095.

A center director for a program licensed to serve 51 or more children shall meet all of the following conditions:

a. Be at least 21 years of age.

b. Have completed high school or its equivalent, as determined by the Wisconsin department of public instruction.

c. Have at least 2 years of experience as a child care teacher or center director in a group child care center or other approved setting.

d. Have completed one of the preservice training requirements in Table 251.05B prior to beginning work as a center director, except as specified in subd. 5. b. The center director shall also complete any additional training requirements in Table 251.05B as provided.

a. Notwithstanding subd. 3. d., a person is not required to complete preservice training under Table 251.05A if the person was employed as the director of a center licensed to serve 50 or fewer children prior to September 30, 2019, and met the preservice training requirement with a certificate from the Wisconsin Registry indicating the person was on Registry Level 12 or above.

b. Notwithstanding subd. 4. d., a person is not required to complete preservice training specified in Table 251.05B if the person was employed as the director of a center licensed to serve 51 or more children prior to September 30, 2019, and met the preservice training requirement with a certificate from the Wisconsin Registry indicating the person was on Registry Level 14 or above.

(f) Child care teacher.

A child care teacher shall plan, implement, and supervise the daily activities for a group of children.
A person who is a child care teacher shall meet all of the following conditions:

a. Be at least 18 years of age.

b. Have completed high school or its equivalent, as determined by the Wisconsin department of public instruction.

c. Have at least 240 hours of experience as an assistant child care teacher in a group child care center, as a licensed family child care provider, or in another approved early childhood setting.

Prior to assuming the position, a person hired to be a child care teacher shall complete or obtain one of the following:

a. Four credits in early childhood education or its equivalent.

b. Two non-credit department-approved courses in early childhood education.

Note: The non-credit courses approved by the department to meet the entry level training requirements for a child care teacher are Introduction to the Child Care Profession and Skills and Strategies for the Child Care Teacher or the assistant child care teacher or child care teacher training programs approved by the Wisconsin department of public instruction.

bm. Two credits in early childhood education and one noncredit department-approved course in early childhood education.

c. A certificate from the Wisconsin Registry indicating that the person is qualified as a child care teacher.

d. The Registry Preschool Credential.

e. The Registry Infant Toddler Credential.

f. Forty-eight credits from an institution of higher education with at least 3 credits in early childhood education or its equivalent.

g. A one-year child care diploma in child care or early childhood education from an institution of higher education.

h. An associate degree in early childhood education or child care from an institution of higher education.

i. A Child Development Associate credential issued by the Council for Professional Recognition.

j. Certificate from American Montessori Society, Association Montessori International, or Montessori Accreditation Council for Teacher Education.

k. A license issued by the Wisconsin department of public instruction or the appropriate authority in another state to be a pre-kindergarten, kindergarten, or early childhood regular or special education teacher. The license may not be a one-year license with stipulations (formerly known as an emergency license); a 3-year, short-term substitute license; or a 5-year long-term substitute license, as defined by the Wisconsin department of public instruction.

Note: Information on how to obtain or renew a Wisconsin department of public instruction teacher license is available on the DPI website, http://dpi.wi.gov/tepdl.

L. A certificate from the department of workforce development, bureau of apprenticeship standards, as a child development specialist.

(g) Assistant child care teacher.

An assistant child care teacher shall be at least 16 years of age and work under the supervision of a child care teacher with a group of children.
Except as provided under subd. 3., a person hired to be assistant child care teacher shall have satisfactorily completed one of the following within 6 months after assuming the position:

a. Two credits in early childhood education or its equivalent.

b. One, noncredit department-approved course in early childhood education.

Note: Introduction to the Child Care Profession is the non-credit course that is approved by the department to meet the entry level training requirements for a child care assistant teacher. Information on agencies offering the department-approved course is available on the department’s website at http://dcf.wisconsin.gov.

c. An assistant child care teacher training program approved by the Wisconsin department of public instruction.

A parent serving as an assistant child care teacher in a center operated by a parent cooperative is exempt from the training requirements under subd. 2.

(gm) Program aide. A program aide shall work under the direction and supervision of a child care teacher.

A person who is a program aide shall be at least 16 years of age.
A person hired as a program aide shall have satisfactorily completed at least one of the following no later than 6 months after assuming the position:

a. An assistant child care teacher training program approved by the Wisconsin department of public instruction.

b. A noncredit department-approved course in early childhood education.

Note: Introduction to the Child Care Profession is the noncredit course approved by the department to meet the entry-level training requirements for a program aide.

A program aide may not be counted in the required staff-to-child ratios under Table 251.055.

(gr) Meal preparation personnel. Personnel who help prepare meals shall meet all of the following conditions:

Be at least 17 years of age.
Participate in the orientation under sub. (4) (a).

a. Except as provided in subd. 3. b., complete and document at least 4 hours of training in kitchen sanitation, food handling, and nutrition prior to beginning work, and one hour of training in kitchen sanitation, food handling, and nutrition annually thereafter.

b. Staff in a school-age program who help prepare meals shall complete one hour of annual training in kitchen sanitation, food handling, and nutrition.

(h) Non-credit course criteria. Non-credit courses offered to meet the non-credit course requirements specified in this subsection shall contain the components prescribed by the department and shall be approved by the department before being offered. The department may at any time withdraw its approval of a non-credit course. Instructors of non-credit department-approved courses shall be approved by the department prior to teaching a course.

Note: Information on the process for obtaining department approval for noncredit courses may be obtained from the Wisconsin Registry at https://www.wiregistry.org or 608-222-1123. A list of agencies approved to offer noncredit department-approved courses is available on the department’s website at http://dcf.wisconsin.gov.

(i) Substitutes.

When a regular required staff member is absent from a center, there shall be a substitute who is at least 18 years of age.
A substitute who is employed by the same licensee for more than 240 hours shall complete at least 2 credits or one noncredit, department-approved course in early childhood education before completing 240 cumulative hours of work as a substitute.

Note: The course for credit called Health, Safety and Nutrition offered by a Wisconsin technical college or the department-approved, non-credit course called Introduction to the Child Care Profession may be used to meet this requirement and if taken after July 1, 2005, also contains the department-approved training on preventing abusive head trauma. Information on agencies offering the department-approved course is available on the department’s website at http://dcf.wisconsin.gov.

The center director or designee shall maintain a record of the days and hours worked by each substitute.

(j) Volunteers and student teachers.

Volunteers and student teachers shall participate in the orientation required under sub. (4) (a).
A volunteer who is used to meet a center’s required staff-to-child ratios under s. DCF 251.055 shall complete at least 2 credits or one noncredit, department-approved course in early childhood education before completing 240 cumulative hours of work as a volunteer.

Note: The 3-credit course called Health, Safety and Nutrition offered by a Wisconsin technical college or the department-approved, noncredit course called Introduction to the Child Care Profession may be used to meet this requirement and if taken after July 1, 2005, also contain the department-approved training in shaken baby syndrome prevention. Information on agencies offering the department-approved course is available on the department’s website at http://dcf.wisconsin.gov.

A volunteer who is not included in determining the center’s required staff-to-child ratios under s. DCF 251.055 shall have training in child care programming and procedures before working with children in care. The training shall include the responsibilities of the volunteer, general child supervision techniques, a review of the daily schedule and general health and safety practices including meal or snack preparation, dishwashing, toileting, personal hygiene and emergency evacuation procedures. This includes volunteers working in a center operated by a parent cooperative.
The center director or designee shall coordinate the volunteer program and keep on file documentation of the hours worked by volunteers who are used to meet staff-to-child ratios.
A volunteer used to meet the required staff-to-child ratios under s. DCF 251.055 shall be at least 18 years of age.

(k) Provider health.

No licensee, employee, volunteer, visitor, or other person with symptoms of serious illness that presents a safety or health risk to children or a communicable disease that is reportable under ch. DHS 145 and transmitted through normal contact may be in contact with children in care.
No licensee, employee, volunteer, visitor, or other person whose behavior gives reasonable concern for the safety of children may be in contact with the children in care.
The department may require a licensee, employee, or other person in contact with the children whose behavior gives reasonable concern for the safety of children to submit to an examination by a licensed mental health professional as a condition of licensure or employment.

Note: See also s. DCF 251.11 (1) (f), which requires a written statement from a physician or licensed mental health professional when there is reason to believe that the physical or mental health of a person may endanger children in care.

No person with a health history of typhoid, paratyphoid, dysentery, or other diarrheal disease may work in a center until it is determined by appropriate tests that the person is not a carrier of the disease.

(4) Staff development.

(a) Orientation. Except as provided under subd. 14., each center shall develop and implement a written orientation program that all new employees, substitutes, and regular volunteers shall complete and document within their first week at the center. The orientation program shall cover all of the following:

Note: See DCF 251.08 (4) (b) for orientation requirements for persons transporting children.

A review of this chapter.
A review of center policies and procedures required under s. DCF 251.04 (2) (h).
A review of the center emergency plans required under s. DCF 251.04 (2) (h) 9., including fire and tornado evacuation plans and the operation of fire extinguishers.
Prevention and response to emergencies due to food and allergic reactions.
First aid procedures.
Administration of medications.
Job responsibilities in relation to the job description.
Training in the recognition of childhood illnesses and infectious disease control, including handwashing procedures, universal precautions for handling bodily fluids, and immunizations.

Note: Information on universal precautions may be obtained from the Child Care Information Center website, https://dcf.wisconsin.gov/ccic, or by calling 800-362-7353.

A schedule of activities of the center.
The procedure for ensuring that all child care workers know the children assigned to their care and their whereabouts at all times, including during center-provided transportation.
Child management techniques.
The procedure for sharing information related to a child’s special health care needs including any physical, emotional, social, or cognitive disabilities with any child care worker who may be assigned to care for that child throughout the day.
If the center is licensed to care for children under one year of age, a review of procedures to reduce the risk of sudden infant death syndrome prior to an employee’s or volunteer’s first day of work.
The procedure to contact a parent if a child is absent from the center without prior notification from the parent.
Information on any special needs that a child enrolled in the center may have and the plan for how those needs will be met.
Building and physical premises safety, including identification of and protection from hazards, bodies of water, and vehicular traffic.
The handling and storage of hazardous materials and the appropriate disposal of biocontaminants. In this subdivision, “biocontaminants” includes blood, body fluids, or excretions that may spread infectious disease.

Note: The licensee may use the department’s form, Staff Orientation Checklist - Group Child Care Centers, for documenting staff orientation. The form is available on the department’s website at https://dcf.wisconsin.gov/cclicensing/ccformspubs.

(b) Staff meetings. To ensure that staff have the opportunity to receive pertinent information and clarification of problems and issues, each center shall conduct in-person staff meetings at least 9 times in a calendar year or one time for each month of center operation and shall document that staff meetings have been held.

Each administrator, center director, child care worker, school-age administrator, and school-age director shall participate in at least 15 hours of continuing education annually.

2m. Each administrator, center director, child care worker, school-age administrator, or school-age director who works fewer than 8 months per year shall participate in the equivalent of at least 2 hours of continuing education per month of employment as an administrator, center director, child care worker, school-age administrator, or school-age director.

Any continuing education hours completed that exceed the annual requirement for the year may be used to meet the annual requirement in the 2 years following completion.
Continuing education courses completed for credit that exceed the annual requirement for the year may be used to meet the annual requirement in the 2 years following completion.
Assistant child care teachers who are currently enrolled in their first entry level course are not required to earn continuing education for that year.
The types of training acceptable to meet continuing education requirements shall be limited to any of the following:

a. Formal courses resulting in credits or continuing education units.

b. Workshops, conferences, seminars, lectures, correspondence courses, and home study courses.

c. Training offered by the child care center through the use of guest or staff trainers.

d. Documented observation time in other early childhood programs.

e. Web-based training.

f. Independent reading.

g. Viewing educational materials, including videos, lesson plans, and websites.

h. For participants in the YoungStar program, technical assistance under s. 48.659, Stats.

Continuing education may be in any of the following topics:

a. Prevention and control of infectious diseases.

b. Medication administration.

c. Prevention of and response to emergencies due to food and allergic reactions.

d. Identification of and protection from hazards.

e. Building and physical premises safety.

f. Emergency preparedness and response planning.

g. Handling and storage of hazardous materials.

h. Handling and disposal of biocontaminants.

i. Child growth and development.

j. Caring for children with disabilities.

k. Guiding children’s behavior.

L. Nutrition.

m. Physical activity.

n. Transportation safety.

o. Identification and reporting of suspected child abuse or neglect.

p. Cardiopulmonary resuscitation.

q. First aid.

r. Business operations.

s. Any other topic that promotes child development or protects children’s health or safety.

Each administrator, center director, and child care worker shall have documentation of the 12-month period included in his or her training year for meeting continuing education requirements and begin a new training year in the same month each year.

Note: The licensee may use either the department’s form, Staff Continuing Education Record - Child Care Centers, or the licensee’s own form to document the completion of continuing education. Forms are available on the department’s website at https://dcf.wisconsin.gov/cclicensing/ccformspubs.

History

Cr. Register, January, 1997, No. 493, eff. 8-1-97; reprinted to correct error in Table, Register, February, 1997, No. 494; reprinted to correct error in Table, Register, March, 1997, No. 495; CR 03-052: r. and recr. (title), (1) (a), (1) (j) 3., (2) (c) 3. to 7., am. (1) (b) 3. b., (c) 5. (intro.), Table 46.05-A, (6) (intro.), Table 46.05-B, (d) 3., Table 46.05-C, (2) (a) (intro.), 3., 6., 8., 11., (4) (e) (intro.) and 1., r. (1) (c) 5. a. to i. and 6. a. to f., (1) (d) 3. a. to i., renum. (1) (j) 4. to be 5., cr. (1) (j) 4. a. and b., (2) (a) 12., (2) (c) 8. to 10., (3) (g) Register December 2004 No. 588, eff. 3-1-05; corrections in (1) (j) 1. a., 3., (2) (a) 2. and 3. made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; CR 07-102: r. and recr. (1), am. (2) (a), 9., (3) (b), (c), (f), (4) (d), (j) and Table D, cr. (2) (a) 13., 14., (3) (h) and (i), r. (2) (c) 6. and 10. Register December 2008 No. 636, eff. 1-1-09; renumbering in (1) (e) 4. and corrections in (1) (e) 4. d., 5. d., (L) 3., (4) (j) and Table D made under s. 13.92 (4) (b) 1., 6. and 7., Stats., Register November 2008 No. 635; EmR1918: emerg. r. and recr., eff. 1-30-19; CR 19-089: r. and recr. Register March 2020 No. 771, eff. 4-1-20; correction in (4) (a) made under s. 13.92 (4) (b) 7., Stats., and correction in (2) (a) 3. b., (4) (c) 7. d. made under s. 35.17, Stats., Register March 2020 No. 771; CR 20-003: am. (2) (a) 3. a. Register July 2020 No. 775, eff. 8-1-20; CR 21-100: am. (1), (2) (a) (intro.), 2., 3. a., 4. a., b., r. (2) (a) 4. c., am. (2) (a) 4. d., 5., cr. (2) (a) 8., am. (3) (b), cr. (3) (cm), am. (3) (d) 3. a., b., (e) 3. c., Table A, Table B, 5., (f) 2. c., 3. a., bm. to e., (g) 2. a., c., cr. (3) (gm), (gr), am. (3) (i) 2., (j) 2., r. (4) (a) 10., am. (4) (c) 1., r. (4) (c) 2., cr. (4) (c) 2m., am. (4) (c) 6. e., cr. (4) (c) 6. f. to h., r. (4) (c) 8. Register February 2023 No. 806, eff. 3-1-23; CR 26-009: cr. (3) (cg) Register July 2026 No. 847, eff. 8-1-26; (3) (cg) (title) created under s. 13.92 (4) (b) 2., Stats., Register July 2026 No. 847; CR 26-010: am. (3) (g) 1., 2. Register July 2026 No. 847, eff. 8-1-26; correction in (3) (gm) 4. made under s. 35.17, Stats., Register July 2026 No. 847.

Wis. Admin. Code § DCF 251.055 Supervision and grouping of children {#sec-dcf-251.055 omnilex-key=us-wi-regs-official--agency-dcf--DCF 251.055}

(1) Supervision.

(a) Each child shall be supervised by a child care worker who is within the sight and sound of the children to guide the children’s behavior and activities, prevent harm, and ensure safety.

(b) At least one child care teacher shall supervise each group of children, except as provided in par. (c).

(c) Assistant child care teachers who are at least 18 years of age and have completed the training required for the position may provide sole supervision to a group of children in full-day centers for opening and closing hours, not to exceed the first 2 hours and the last 2 hours of center operation, and during the center’s designated naptime, not to exceed 2 hours.

(d) A child care worker may not provide care for children at the center for more than 12 hours in any 24-hour period.

(e) A child may not be in care for more than 14 hours in any 24-hour period.

(f) The center shall implement and adhere to a procedure to ensure that the number, names, and whereabouts of children in care are known to assigned child care workers at all times.

(g) A child may not be released to any person who has not been previously authorized by the parent.

(h) The center shall implement a procedure to contact a parent if a child is absent from the center without prior notification from the parent.

(i) No person under 18 years of age shall be left in sole charge of a child.

(j) No licensee, employee, volunteer, or other individual in contact with children may consume alcoholic beverages or any non-prescribed controlled substance specified in ch. 961, Stats., on the premises of the center or be under the influence of any alcohol or non-prescribed controlled substance, during the hours of the center’s operation.

(2) Grouping of children.

(a) The maximum number of children in a group may not exceed the number specified in Table 251.055.

(b) The ratio of child care workers to children may not be less than the minimum number of child care workers to children specified in Table 251.055.

Note: Table 251.055 is amended eff. 8-1-27 by 2025 Wis Act 15 section 361b to read:

(c) When there is a mixed-age group, the required staff-to-child ratios in Table 251.055 shall be adjusted on a pro rata basis in accordance with the ages of the children in the group.

Note: The licensee may use the department’s form, Child Care Staff-To-Child Ratio Worksheet - Group Child Care Centers, to adjust the staff-to-child ratio. Forms are available on the department’s website at https://dcf.wisconsin.gov/cclicensing/ccformspubs.

(d) When children under the age of 18 months are part of a mixed-age group, the size of the group may not exceed 8.

Note: Par. (d) is amended eff. 8-1-27 by CR 26-010, section 37, to read:

(d) When infants and toddlers are part of a mixed-age group, the size of the group may not exceed 8.

(e) When the group of children is a mixed age group of children 18 months and older, the group size shall be determined by the number of children that can be cared for by 2 child care workers with the required staff-to-child ratios in Table 251.055 adjusted on a pro rata basis in accordance with the ages of the children in the group.

Note: Par. (e) is amended eff. 8-1-27 by 2025 Wis Act 15 section 362b to read:

(e) When the group of children is a mixed age group of children 2 years and older, the group size shall be determined by the number of children that can be cared for by 2 child care workers with the required staff-to-child ratios in Table 251.055 adjusted on a pro rata basis in accordance with the ages of the children in the group.

(f) Maximum group size does not apply to field trips, outdoor play areas, and areas of the center reserved exclusively for eating. Staff-to-child ratios shall be maintained in those settings.

(g) During naptime, an adjustment in group size and staff-to-child ratios in Table 251.055 may be made as follows:

One child care worker shall be within sight or sound of each group of sleeping children, except as provided in s. DCF 251.09 (1) (m).
Staff-to-child ratios shall be maintained in the center during naptime.
Maximum group size requirements do not apply to napping groups.
As children wake, sight and sound supervision and staff-to-child ratios in Table 251.055 shall be maintained for awake children.

(h) When 8 or fewer children are present in a center, there shall be a second adult available to come to the center within 5 minutes for emergencies. The center shall maintain a signed and dated statement from that person, including an address and telephone number, certifying that the person is available and agrees to serve if needed.

(i) In a center with 9 or more children present, there shall be at least 2 adults available in the center at all times. At least one of the adults shall be a child care worker directly involved in the supervision and care of the children.

(j) When 9 or more children are on a field trip there shall be at least 2 child care workers accompanying the children and the staff-to-child ratios in Table 251.055 shall be maintained. At least one of the child care workers shall be a child care teacher.

(k) Support staff, such as clerical, housekeeping, and food service staff, may only be considered in determining whether the required staff-to-child ratios are met at any of the following times:

During those hours when they give full attention to the care and supervision of children if they meet the qualifications of a child care worker.
During naptime when children are sleeping.

(L) Child care workers shall be free of non-classroom duties when they are counted in meeting the staff-to-child ratios.

(m) Children of staff who attend the center and who are on the premises for supervision and care shall be included in determining group size and staff-to-child ratios.

History

EmR1918: emerg. cr., eff. 1-30-19; CR 19-089: cr. Register March 2020 No. 771, eff. 4-1-20; CR 21-100: am. (1) (b), Table, (2) (g) 1. Register February 2023 No. 806, eff. 3-1-23; 2025 Wis. Act 15: am. Table, (2) (e), eff. 7-3-25, and am. Table, (2) (e), sections 361b and 362b, eff. 8-1-27 Register July 2025 No. 835; CR 26-010: am. (2) (d) Register July 2026 No. 847, eff. 8-1-26 and 8-1-27; correction in (2) (j) made under s. 35.17, Stats., Register July 2026 No. 846.

Wis. Admin. Code § DCF 251.06 Physical plant and equipment {#sec-dcf-251.06 omnilex-key=us-wi-regs-official--agency-dcf--DCF 251.06}

(1) Building.

(a) The building in which a center is located shall comply with applicable state and local building codes. The licensee shall maintain a building inspection report that specifies that the building meets the applicable Wisconsin commercial building codes for use as a group child care center.

Note: Local authorities should be consulted to obtain any required zoning clearances or building permits.

(c) Space designated for use by children may only be used by children and staff and may not be used for other purposes while the center is open.

(d) The inside temperature may not be less than 67°F.

(e) If the inside temperature exceeds 80° F., the licensee shall provide for air circulation with fans, with air conditioning, or by other means.

(2) Protective measures.

(a) The indoor and outdoor premises shall be free of hazards including any recalled products.

Note: Lists of recalled products are available on the Department of Agriculture, Trade and Consumer Protection website at https://datcp.wi.gov/Pages/Programs_Services/ChildProductRecallsAdvice.aspx or by contacting the United States Consumer Products Safety Commission (US CPSC) at 1-800-638-2772.

(b) Steam radiators, fireplaces, wood burning stoves, electric fans, electric outlets, electrical heating units and hot surfaces, such as pipes, shall be protected by screens or guards so that children cannot touch them.

(d) Materials harmful to children, including power tools, flammable, or combustible materials, insecticides, matches, drugs, cleaning supplies, bleaches, and other hazardous, toxic, or poisonous articles shall be appropriately labeled and stored in areas inaccessible to children.

(e) A motor vehicle shall be immediately available at the center at all times in case of an emergency if a public or private rescue or emergency vehicle cannot arrive at the center within 10 minutes of a phone call.

(f) The center shall have a working telephone or access to a working telephone on the premises during hours of operation, with a list of emergency telephone numbers, including telephone numbers for the local fire department, police department, or other law enforcement agency, poison control center, and emergency medical service in a location known to all providers. In this paragraph, “telephone” does not include a pay telephone requiring payment to reach the operator or a telephone in a locked room.

(g) Stairs, walks, ramps and porches shall be maintained in a safe condition and free from the accumulation of water, ice or snow.

(gm) The premises shall be well drained, free from litter, clean, and in good repair. The premises shall be maintained to prevent the entrance or harborage of vermin.

(h) Smoking is prohibited on the premises of the center or in a vehicle used to transport children when the children are in care.

Note: See s. DCF 251.03 (25) for the definition of premises.

(i) There shall be no flaking or deteriorating paint on exterior or interior surfaces in areas accessible to children.

(im) No lead-based paint or other toxic finishing material may be used on indoor or outdoor furnishings and equipment.

(j) Children may not be allowed in an area where power tools are in use.

(k) A hot tub located in a room or area accessible to children shall have a visible, locked, rigid cover or be enclosed by a locked fence at least 4 feet tall. The lock shall be installed so that the lock is inaccessible to children.

(L) If a hot tub is located in a room or area not intended for use by children, access to the room or area shall be controlled through the use of a visibly locked door. The lock shall be installed so that the lock is inaccessible to children.

(m) Cleaning aids such as mops and brooms shall be clean. Buckets used with mops shall be emptied and stored in areas inaccessible to children.

(n) Garbage containers in the building shall be rigid, covered, watertight, and emptied daily or more often as needed. Compactors need not be emptied daily. Garbage and refuse stored out of doors shall be kept in leak-proof containers equipped with tight-fitting covers and shall be disposed of as necessary to prevent decomposition or overflow.

(o) Windows and doors that are used for ventilation shall be screened.

(p)

b. In a center licensed prior to March 1, 2023, the test for radon gas levels shall be conducted no later than September 1, 2023.

c. In a center licensed on or after March 1, 2023, the test for radon gas levels shall be conducted within 6 months prior to providing care for children.

The licensee shall submit a copy of the radon test results under subds. 1. and 5. to the department within 5 days after receipt.
The lowest level of a center that is used by children in care for at least 7 hours per week may not have radon gas levels that exceed 4 picocuries per liter of air, except as provided in subd. 4. b.
If the levels of radon gases exceed 4 picocuries per liter of air in the lowest level of the center, the licensee shall do all of the following:

a. Notify the parents of children in care.

a. In this subdivision, “commercial building” means a building that is not a residential building and that meets the definition of a “place of employment” or a “public building” in s. 101.01 (11) or (12), Stats.

b. In this subdivision, “residential building” means a building that meets the definition of a “dwelling” in s. 101.61 (1), Stats.

c. The licensee of a center in a commercial building shall test for radon gas levels every 5 years after the test under subd. 1. or, if a radon mitigation system was installed, every 5 years after the test under subd. 4. b. The test shall be conducted following the procedures specified in subd. 1. a.

d. The licensee of a center in a residential building shall test for radon gas levels every 2 years after the test under subd. 1. or, if a radon mitigation system was installed, every 2 years after the test under subd. 4. b. The test shall be conducted following the procedures specified in subd. 1. a.

Note: For more information, contact the state radon office or local radon information center at https://www.dhs.wisconsin.gov/radon/infocenters.htm.

(3) Emergency plans and drills.

(a) Each center shall have a written plan for taking appropriate action in the event of an emergency, including fire, tornado, or flood; extreme heat or cold; loss of building services, including heat, water, electricity, or telephone; human-caused events, such as threats to the building or its occupants; allergic reactions; lost or missing children; vehicle accidents; or other circumstances requiring immediate attention. The plan shall include procedures for all of the following:

Evacuation, relocation, shelter-in-place, and lock-down.
Ensuring the needs of infants and toddlers, children with chronic medical conditions, and children with disabilities are met.
Communication with parents.
Connecting children with their parents if the center is required to evacuate the building.
Continuity of operations, including steps the center will take to demonstrate that they are prepared to resume business, when possible, following an emergency.

(b) Each center shall do all of the following:

Post the fire evacuation route and tornado shelter areas.
Practice the fire evacuation plan monthly, and tornado drills monthly from April to October, with all volunteers, employees, and enrolled children.
Ensure that all employees and volunteers know what their duties are if there is an emergency.
Keep a written record of dates and times all fire and tornado drills practiced.

Note: The licensee may use the department’s form Safety and Emergency Response Documentation - Group Child Care Centers, to document the results of the monthly testing of fire alarms and smoke detectors. Forms are available on the department’s website, http://dcf.wisconsin.gov, or from any regional licensing office in Appendix A.

(4) Fire protection.

(a) Each fire extinguisher on the premises of a center shall be operable at all times, inspected once a year by a qualified person and bear a label indicating its present condition and date of the last inspection.

(b) All staff members shall be instructed in and knowledgeable about the use of the fire extinguishers.

(d) Exits and exit passageways shall have a minimum clear width of 3 feet and be unobstructed by furniture or other objects.

(e) An extension cord may not be used permanently with an appliance.

(f) No more than 2 electrical appliances may be plugged into any one wall outlet.

(g) The door to the basement and furnace room shall be closed.

(h) Areas under stairs may not be used for storage.

(i) All exit lights shall be lit at all times.

(j)

Fire detection and prevention systems, including smoke detectors, heat or flame detectors, pull stations, and sprinkler systems shall be installed and operated in accordance with ch. SPS 316 and chs. SPS 361 to 366, the Wisconsin Commercial Building Code; applicable local ordinances; and the manufacturer’s instructions.
All fire detection and prevention systems, including smoke detectors, heat or flame detectors, pull stations, and sprinkler systems shall be maintained in operating condition and shall be immediately repaired or replaced if any unit or part of a unit is found to be inoperative.

Note: The licensee may use the department’s form, Safety and Emergency Response Documentation — Group Child Care Centers, to document the results of the monthly testing of fire alarms and smoke detectors. Information on how to obtain the department’s form is available on the department’s website, http://dcf.wisconsin.gov, or from any regional licensing office in Appendix A.

(jm)

A signaling device, such as a smoke, heat, or flame detector, shall be used to conduct monthly fire evacuation drills.
The licensee shall document that the fire detection and prevention systems are monitored by a fire prevention agency or that the detectors and alarms have been tested monthly.

Note: The licensee may use the department’s form, DCF-F-CFS0543, Safety and Emergency Response Documentation — Group Child Care Centers, to document the results of the monthly testing of fire alarms and smoke detectors. The form is available at https://dcf.wisconsin.gov/cclicensing/ccformspubs.

(k) Unvented gas, oil or kerosene space heaters are prohibited.

(6) Water.

(b) If a center gets its water from a private well, the center shall comply with all of the following:

Note: A list of laboratories certified to test for bacteria can be found on the Department of Natural Resources website: www.dnr.wi.gov.

Note: Alternative sources of drinking water can include bottled water and water from a public water system that meets drinking water standards.

Note: A list of laboratories certified to test for nitrate can be found on DNR’s website: www.dnr.wi.gov.

Note: A list of laboratories certified to test for lead can be found on DNR’s website: www.dnr.wi.gov.

(7) Indoor space.

(a) The space used by children shall be no less than 35 square feet of usable floor space for each child, exclusive of passageways, kitchens, bathrooms, coat storage areas, offices, storage areas, isolation quarters, staff room, furnace room, parts of rooms occupied by stationary equipment, and areas not at all times available to children, including areas used exclusively for large muscle activity, napping or eating.

(b) There shall be additional storage space for cots, bedding, supplies and equipment not in use.

(9) Kitchens.

(a) Equipment and utensils.

When meals are prepared or heated on the premises, the kitchen shall be equipped with a microwave or stove with an oven, a refrigerator, a sink and utensils that are necessary to prepare and serve meals. The sink shall be used exclusively for food preparation and dishwashing.

1m. Centers preparing or serving only snacks are not required to have a sink unless dishes or utensils requiring dishwashing are used. Centers preparing or serving only snacks are not required to have a microwave or stove unless the snacks served require heating. Refrigerators are required if the center serves milk or other perishable snacks.

All equipment and utensils shall have smooth, hard surfaces, be easily cleanable, in good repair, durable, non-toxic and free of cracks, seams, chips and roughened areas, and shall be maintained in a clean and sanitary condition.
Food preparation tables shall be durable, and surfaces shall be smooth, non-absorbent and easily cleanable.
After cleaning, utensils shall be stored in a clean, dry place and protected from contamination.
Single-service utensils shall be non-toxic, stored in a clean, dry place, kept covered, and may not be reused.

(b) Dishwashing procedures.

All kitchen utensils and food contact surfaces used for preparation, storage or serving of food shall be thoroughly cleaned and sanitized after each use.
All utensils and dishes shall be scraped, sorted and prewashed under running water.
For manual washing of dishes and utensils, a 3-step procedure shall be used:

a. Wash in water between 110° and 125°F., using an effective soap or detergent.

b. Rinse by immersing dishes and utensils in clean, hot water to remove soap or detergent.

c. Sanitize by using a product that is registered with the U.S. environmental protection agency as a sanitizer and has instructions for use as a sanitizer on the label. The sanitizer shall be used in a manner consistent with the label instructions.

a. If a center uses a commercial dishwasher to clean dishes and utensils, the dishwasher shall have a readily visible temperature gauge located in the wash compartment. If the dishwasher is a spray type or immersion type dishwasher, a temperature gauge shall also be located in the rinse water line.

b. Wash at 130 degrees Fahrenheit to 150 degrees Fahrenheit for at least 20 seconds, using an effective cleaning agent, and rinse and sanitize at 180 degrees Fahrenheit for 10 seconds or more, using an automatic rinse injector.

c. When using a spray-type dishwashing machine, the dishes and utensils shall be washed, rinsed and sanitized in the dishwasher according to the manufacturer’s operating instructions. A chemical sanitizer shall be used in the final rinse.

If the center uses a home-type dishwasher to clean dishes and utensils, the dishes and utensils shall be washed and rinsed in the dishwasher and sanitized by using a product that is registered with the U.S. environmental protection agency as a sanitizer and has instructions for use as a sanitizer on the label. The sanitizer shall be used in a manner consistent with the label instructions.
All dishes and utensils shall be air-dried in racks or baskets or on drain boards.

Food shall be clean, wholesome, free from spoilage, free from adulteration or misbranding and safe for human consumption. Meat, poultry, fish, molluscan shellfish, eggs and dairy products shall be from an inspected source.
Only milk and milk products which are pasteurized and meet the Grade A milk standards of the Wisconsin department of agriculture, trade, and consumer protection may be served or used.

3m. Meals shall be prepared on the premises, in a central kitchen operated by the child care center or in another location that has been inspected by a representative of a state agency.

Note: Chapter ATCP 75, subch. III, addresses restaurants and other public eating establishments. Chapter ATCP 75, subch. II, addresses retail food establishments.

Food in dented, bulging or leaking cans, or cans without labels, may not be used.
Hermetically sealed, non-acid or low-acid food which has been processed in a place other than a commercial food processing establishment may not be used.

(d) Food storage.

Foods shall be stored at temperatures which protect against spoilage. The following measures shall be taken to prevent spoilage:

a. Perishable and potentially hazardous food which includes all custard-filled and cream-filled pastries, milk and milk products, meat, fish, shellfish, gravy, poultry stuffing and sauces, dressings, salads containing meat, fish, eggs, milk or milk products, and any other food or food product likely to spoil quickly if not kept at the proper temperature shall be continuously maintained at 40°F. or below or 140°F. or above, as appropriate, except during necessary periods of preparation and service.

b. Each refrigeration unit shall be maintained at 40°F. or lower and each freezing unit shall be maintained at 0°F. or lower.

c. Each cold storage facility shall be equipped with a clearly visible accurate thermometer.

d. Food shall be covered while refrigerated, except when being cooled.

Foods not requiring refrigeration shall be stored in clean, dry, ventilated and lighted storerooms or areas which shall be protected from contamination by sewage, wastewater backflow, condensation, leakage or vermin. In addition:

a. Dry foods, such as flour, sugar, cereals and beans shall be stored in bags with zip-type closures or metal, glass or food-grade plastic containers with tight-fitting covers and shall be labeled. In this paragraph, “food grade plastic” means any plastic material used in the manufacture of dishes or utensils which has been found not harmful to human health by the national sanitation foundation.

b. Foods stored in the basement shall be stored at least 8 inches above the floor, and food stored in other areas shall be stored high enough above the floor to provide for air circulation and to facilitate cleaning.

(f) Food handling.

Raw fruits and vegetables shall be washed before being served or cooked.
Food returned from individual plates or from dining tables shall be discarded.
Food that was prepared but not served shall be dated, refrigerated promptly, and used within 36 hours, or frozen immediately for use within 6 months.
Food delivery vehicles shall be equipped with clean containers or cabinets to store food while in transit. Containers for cold food shall be capable of maintaining the temperature at or below 40°F. and containers for hot food shall be capable of maintaining the temperature at or above 140°F.
Potentially hazardous frozen foods shall be thawed in the refrigerator, under cold running water or on the defrost setting in a microwave oven. No potentially hazardous frozen food may be thawed by leaving it at room temperature.

(g) Meal preparation personnel.

Personnel who help prepare meals shall:

b. Wear clean clothing and effective hair restraints such as hair nets or caps.

c. Wash their hands with soap and warm running water before starting work, before and after handling food, and after using the toilet. Hands shall be dried with single use towels.

No one with an open or infected wound or sore may work in the food preparation area unless the wound or sore is covered and, if it is on a hand, a nonporous glove is worn on that hand.

(10) Washroom and toilet facilities.

(a) A group child care center shall provide at least the number of washbasins and toilets with plumbing indicated in Table 251.06. Urinals may be substituted for up to 1/3 of the total required toilets.

(b) When a center is licensed for more than 75 children, one additional toilet and washbasin shall be provided for each additional 15 children or fraction thereof.

(c) Children under the age of 30 months need not be included when determining the required fixtures under par. (a). However, in all cases, at least one toilet and one washbasin shall be provided.

(d) If potty chairs are used for children under 30 months of age, the potty chairs shall be provided in a ratio of one for every 4 children or fraction thereof.

(dm)

Toilet rooms and fixtures shall be in a sanitary condition at all times.
Potty chair receptacles shall be emptied and rinsed after use and the potty chair and receptacle shall be disinfected immediately using a product registered with the U.S. environmental protection agency as a disinfectant that has instructions for use as a disinfectant on the label. The disinfectant shall be used according to label instructions.

(e) Steps or blocks shall be provided if the washbasins and toilets are not proportioned to the size of the children.

(f) Soap, toilet paper, disposable paper towels or blower-type air dryers and a wastepaper container shall be provided and accessible to children using the facilities.

(g) Toilet room door locks shall be openable from the outside and the opening device shall be readily accessible to the staff.

(h) The hot water temperature may not exceed 120 degrees Fahrenheit for sinks, showers, or bathtubs used by or accessible to children in care.

(11) Outdoor play space.

(a) Requirement for outdoor play space. A center shall have outdoor play space if children are present for more than 3 hours per day or if outdoor play is included in the center program.

(b) Required features of outdoor play space. Except when an exemption is requested and is approved by the department under par. (c), a center shall comply with all of the following requirements for outdoor play space:

The outdoor play space shall be on the premises of the center.
There shall be at least 75 square feet of outdoor play space for each child 2 years of age or older using the space at a given time.
There shall be at least 35 square feet of outdoor play space for each child under 2 years of age using the space at a given time except as provided in subd. 4.
The total outdoor play space of a center shall accommodate not less than 1/3 of the number of children for which the center is licensed or shall be a minimum of 750 square feet, whichever is greater. The number of children under one year of age need not be included for purposes of computing the minimum required outdoor play space if the center provides spaces in wheeled vehicles such as strollers and wagons equal to the number of children under one year of age.
An energy-absorbing surface, such as loose sand, pea gravel, or pine or bark mulch, in a depth of at least 9 inches is required under climbing equipment, swings, and slides whenever the play equipment is 4 feet or more in height and in a fall zone of 4 feet beyond the equipment. Shredded rubber and poured surfacing shall be installed to the manufacturer’s specifications based on the height of the equipment.
Structures such as playground equipment, railings, decks, and porches accessible to children that have been constructed with CCA treated lumber shall be sealed with an exterior oil based sealant or stain at least every 2 years.

6m. Wood containing creosote or pentachlorophenol (PCP), including railroad ties, may not be accessible to children.

The boundaries of the outdoor play space shall be defined by a permanent enclosure not less than 4 feet high to protect the children. Fencing, plants, or landscaping may be used to create a permanent enclosure. The permanent enclosure may not have any open areas that are greater than 4 inches.
Concrete and asphalt are prohibited under climbing equipment, swings and slides.

Note: The Consumer Products Safety Commission has a publication entitled Handbook for Public Playground Safety, Pub. No. 325 which provides information on playground safety guidelines designed to help child care centers build safe playgrounds. To obtain copies of this publication and a related public playground safety checklist, contact the Consumer Products Safety Commission at www.cpsc.gov or 1-800-638-2772.

(bm) Equipment. Outdoor equipment shall be safe and durable. The outdoor equipment shall be all of the following:

Used in accordance with all manufacturer’s instructions and any manufacturer’s recommendations that may affect the safety of children in care.
Scaled to the developmental level, size, and ability of the children.
Of sturdy construction with no sharp, rough, loose, protruding, pinching, or pointed edges, or areas of entrapment, in good operating condition, and anchored when necessary.
Placed to avoid danger of injury or collision and to permit freedom of action.

In this paragraph, “main thoroughfare” means a heavily traveled street or road used by vehicles as a principal route of travel.

1m. If a center has no outdoor play space available on the premises of the center, the licensee may request an exemption from the requirements under par. (b) for a center’s outdoor play space.

A request for an exemption under subd. 1m. shall be in writing and shall be accompanied by a plan for outdoor play space which does all the following:

a. Identifies and describes the location to be used, the travel distance from the center to that location and the means of transporting the children to that location.

b. Provides for adequate supervision of the children as specified in Table 251.055.

c. Provides for daily vigorous exercise in the out-of-doors for the children.

d. Describes the arrangements to meet the toileting and diapering needs of the children.

e. Affirms the center’s compliance with the requirements included in subds. 3. to 6.

Note: Send the request for an exemption and the off-premises outdoor play space plan to the appropriate regional office in Appendix A.

The off-premises outdoor play space shall be free of hazards such as bodies of water, railroad tracks, unfenced in-ground swimming pools, heavily wooded areas and nearby highways and main thoroughfares.
There shall be at least 75 square feet of outdoor play space for each child 2 years of age or older using the space at a given time, and at least 35 square feet of outdoor play space for each child under 2 years of age using the space at a given time.
No climbing equipment, swing or slide in the play space may have concrete or asphalt under it.
When the off-premises outdoor play space is reached by walking, the center shall transport children under 3 years of age in wheeled vehicles, such as strollers or wagons, with a seating capacity equal to the number of children under 3 years of age to be transported.
A center’s plan for use of an off-premises outdoor play space is subject to approval by the department. Within 30 days after receipt of a plan and request for an exemption from the requirements of par. (b), the department shall either approve the plan and grant the exemption or not approve the plan and therefore deny the request for exemption. The department shall notify the center in writing of its decision and, if it does not grant an exemption, shall state its reasons for not granting the exemption.
If any circumstance described in an approved plan for use of off-premises outdoor play space changes or if any condition for plan approval is not met or is no longer met, the department may withdraw its approval of the plan and cancel the exemption. A center with an approved plan shall immediately report to the department’s licensing representative any significant change in any circumstance described in the plan.

(12) Swimming areas.

(a)

Aboveground and in-ground swimming pools on the premises may not be used by children in care.
Swimming pools shall be enclosed by a 4-foot fence with a self-closing, self-latching door. Spaces between the vertical posts of the fence shall be 4 inches or less.
If access to the pool is through a gate, the gate shall be closed and visibly locked during the licensed hours of the center.
If access to the pool is through a door, the door shall be closed, visibly locked, and equipped with an alarm at the door that signals when someone has entered the pool area. The door may not be used as an exit.
Locks shall be located so that the locks cannot be opened by children.
The free-standing wall of an aboveground pool may not serve as an enclosure unless it is at least 4 feet in height and not climbable. If a ladder is present, the ladder shall be removed or raised up so that it is inaccessible to children.
The area around the pool enclosure shall be free of toys or equipment that would allow a child to climb or otherwise gain access to the pool.

(am) A beach on the premises may not be used by children in care. Access to a beach shall be controlled so that children may not enter the area.

(b) A wading pool on the premises may be used if the water is changed and the pool is disinfected daily. Supervision and staff-to-child ratio requirements under s. DCF 251.055 (1) and (2) shall be met.

(c) A wading pool, pool, water attraction or beach that is not located on the center premises may be used by children, if all the following conditions are met:

The construction and operation of the pool shall meet the requirements of chs. SPS 390 and ATCP 76 for public swimming pools. A beach shall comply with any applicable local ordinance.
Certified lifesaving personnel shall be on duty.
While children are in the water of a pool, wading pool, water attraction or beach, staff-to-child ratios for child care workers who can swim shall be:

a. For children under 3 years of age: 1:1.

b. For children 3 years of age: 1:4.

c. For children 4 and 5 years of age: 1:6.

d. For children 6 years of age and older: 1:12.

When a mixed age group of children are swimming, the staff-to-child ratio shall be adjusted based on the number of children in the water and each child’s age.

Note: A worksheet to help calculate the staff to child ratio for mixed aged groupings during swimming is available from the department. Requests may be made to the licensing representative or regional licensing office listed in Appendix A.

A child shall be restricted to the area of the pool or beach that is within the child’s swimming ability.
If some of the children are in the water and others are not, there shall be at least 2 child care workers supervising the children. One child care worker shall supervise the children who are in the water, and the other child care worker shall supervise children who are not in the water.

History

Cr. Register, January, 1997, No. 493, eff. 8-1-97; r. and recr. (11), Register, September, 1998, No. 513, eff. 10-1-98; reprinted to restore omitted copy in (11) (b), Register, April, 1999, No. 520; correction in (1) (a) made under s. 13.93 (2m) (b) 7., Stats.; CR 03-052: am. (title), (1) (a), (2) (h) and (i), (3) (b) and (c), (6) (b) 2., (9) (b) 3. c., 4. b. and (c) 1., (9) (f) 5., (g) 1., c., (10) (a), Table 46.06 (title), (10) (b), (11) (b) 1. and 2. a., (11) (b) 3. and 6. and (c) 2. (intro.), cr. (2) (k) and (L), (6) (b) 3., (9) (c) 3m. and (11) (c) 1m., renum. (11) (b) 2. b. to d. and 3. a. to d. to be (b) 3. to 9., r. and recr. (12) Register December 2004 No. 588, eff. 3-1-05; corrections in (6) (b) 1. and (12) (c) 1. made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; CR 07-102: am. (2) (a), (3) (intro.), (a) to (c), (4) (j), (6) (b) 1., 3., (9) (d) 2. a., (10) (f), (11) (a), (b) 5. to 7., (12) (a), (b) and (c) 3., cr. (9) (a) 1m. and (12) (c) 6., r. and recr. (9) (b) 4. and 5., r. (9) (c) 3. and (11) (b) 9., renum. (12) (c) to be (12) (c) (intro.) and am. Register December 2008 No. 636, eff. 1-1-09; corrections in (12) (b) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; correction in (6) (b) 1. made under s. 13.92 (4) (b) 7., Stats., Register August 2011 No. 668; correction in (12) (c) 1. made under s. 13.92 (4) (b) 7., Stats., Register January 2012 No. 673; correction in (12) (c) 1. made under s. 13.92 (4) (b) 7., Stats., Register July 2016 No. 727; EmR1918: emerg. am. (1) (a), r. and recr. (1) (b), am. (1) (e), (2) (d), (f), cr. (2) (gm), am. (2) (h), r. and recr. (2) (i), cr. (2) (im), (m) to (o), r. and recr. (3), am. (4) (j), r. (5), am. (6) (b) 1., r. (8), (9) (a) 6., am. (9) (b) 3. c., 5., r. (9) (e), am. (9) (d) 1. a., (f) 3., 4., (g) (title), cr. (9) (g) 1. d., (10) (dm), am. (11) (b) 5., 6., cr. (11) (b) 6m., am. (11) (b) 7., cr. (11) (bm), am. (11) (c) 2. b., (12) (a), (b), eff. 1-30-19; CR 19-089: am. (1) (a), r. and recr. (1) (b), am. (1) (e), (2) (d), (f), cr. (2) (gm), am. (2) (h), r. and recr. (2) (i), cr. (2) (im), (m) to (o), r. and recr. (3), am. (4) (j), r. (5), am. (6) (b) 1., r. (8), (9) (a) 6., am. (9) (b) 3. c., 5., r. (9) (e), am. (9) (d) 1. a., (f) 3., 4., (g) (title), cr. (9) (g) 1. d., (10) (dm), am. (11) (b) 5., 6., cr. (11) (b) 6m., am. (11) (b) 7., cr. (11) (bm), am. (11) (c) 2. b., (12) (a), (b) Register March 2020 No. 771, eff. 4-1-20; CR 21-100: r. (1) (b), cr. (2) (p), r. and recr. (4) (j), cr. (4) (jm), r. and recr. (6), r. (9) (g) 1. a., d., cr. (10) (h), r. and recr. (12) (a), cr. (12) (am) Register February 2023 No. 806, eff. 3-1-23; correction in (2) (p) 2. made under s. 13.92 (4) (b) 7., Stats., Register February 2023 No. 806; CR 26-009: am. (3) (a) 2., cr. (3) (a) 5., am. (3) (b) 2., 3. Register July 2026 No. 847, eff. 8-1-26; CR 26-010: r. and recr. Table 251.06, am. (10) (b) Register July 2026 No. 847, eff. 8-1-26.

Wis. Admin. Code § DCF 251.07 Program {#sec-dcf-251.07 omnilex-key=us-wi-regs-official--agency-dcf--DCF 251.07}

(1) Program planning and scheduling.

(a) Each group child care center shall have a written program of daily activities posted that are suitable for the developmental level of each child and each group of children. The program shall provide each child with experiences that will promote all of the following:

Note: The standards of quality for school-age programs are addressed in the School-Age Curricular Framework course. More information on this course is available at https://www.wiafterschoolnetwork.org/registry-approved-courses.

Self-esteem and positive self-image.
Social interaction.
Self-expression and communication skills.
Creative expression.
Large and small muscle development.
Intellectual growth.
Literacy.

Note: With parental consent and consultation, it is recommended that centers who care for children who have an Individualized Family Service Plan (IFSP) or an Individualized Education Program (IEP) coordinate programming activities with the local school district or Birth to Three agency.

(b) The program schedule shall be planned to provide a flexible balance each day of:

Active and quiet activities.
Individual and group activities.
Indoor and if the center is in operation more than 3 hours per day, outdoor activities.

(c) Television may be used only to supplement the daily plan for children. No child may be required to watch television. Other activities shall be available.

(d) Routines such as toileting and eating and intervals between activities shall be planned to avoid keeping children waiting in lines or assembled in large groups.

(e) The program shall provide all of the following:

Reasonable regularity in eating, napping and other routines.
Daily periods when a variety of experiences are concurrently available for the children to select their own activities.
Protection from excess fatigue and over stimulation.
If a center is in operation for more than 3 hours per day, daily outdoor activities except during inclement weather or when not advisable for health reasons.

(f) Child care workers shall give children individual attention.

(g) A center that is open in the early morning and late afternoon shall have a written plan for activities which meet the individual needs of the children during those time periods. The plan shall include:

Provision of opportunities for the children to rest and eat.
Use of materials and engagement in activities which for the most part do not duplicate materials or activities planned for the major part of the program.

(h) The program as implemented shall reflect the center’s written policies.

(2) Child guidance.

(a) In this subsection:

In this subsection, “time-out period” means a break from the large group that a child care worker offers a child to provide the child an opportunity to calm and regain composure while being supported by the child care worker.
“Redirection” means directing the child’s attention to a different program activity.

(b) Each child care center shall develop and implement a written policy that provides for positive guidance, redirection, and the setting of clear-cut limits for the children. The policy shall be designated to help a child develop self-control, self-esteem, and respect for the rights of others.

(c) A center may use a time-out period to handle a child’s unacceptable behavior only if all of the following conditions are met:

The child is 3 years of age or older.
The child care worker offers the child the time-out period in a non-humiliating manner.
The time-out period does not exceed 3 minutes.
The child is not isolated.
The child is not removed from the classroom setting.
If the child care worker needs additional adult support, another child care worker comes to the classroom setting.

(e) Actions that may be psychologically, emotionally or physically painful, discomforting, dangerous or potentially injurious are prohibited. Examples of prohibited actions include all of the following:

Spanking, hitting, pinching, shaking, slapping, twisting, throwing or inflicting any other form of corporal punishment.
Verbal abuse, threats or derogatory remarks about the child or the child’s family.
Physical restraint, binding or tying to restrict movement or enclosing in a confined space such as a closet, locked room, box or similar cubicle.
Withholding or forcing meals, snacks or naps.
Actions that are cruel, aversive, frightening or humiliating to the child.

(f) A child may not be punished for lapses in toilet training.

Note: Prohibited actions by an employee or volunteer to a child by a staff member must be reported to the department within 24 hours after the occurrence under s. DCF 251.04 (3) (i).

(3) Equipment and furnishings.

(a) Indoor furnishings and equipment shall be safe and durable. The equipment and furnishings shall be:

Scaled to the developmental level, size and ability of the children.
Of sturdy construction with no sharp, rough, loose, protruding, pinching or pointed edges, or areas of entrapment, in good operating condition, and anchored when necessary.
Placed to avoid danger of injury or collision and to permit freedom of action.
Placed over an energy-absorbing surface, when equipment is 4 feet or more in height.
Used in accordance with all manufacturer’s instructions and any manufacturer’s recommendations that may affect the safety of children in care.

(b) A center shall provide equipment and supplies according to the following criteria:

Child development shall be fostered through selection of a variety of equipment that will:

a. Provide large muscle development.

b. Provide construction activities and for development of manipulative skills.

c. Encourage social interaction.

d. Provide intellectual stimulation.

e. Encourage creative expression.

A center shall provide sufficient indoor play equipment to allow each child a choice of at least 3 activities involving equipment when all children are using equipment.
A center shall provide sufficient outdoor play equipment to allow each child at least one activity involving equipment when all children are using equipment.

(c) The quantity of indoor and outdoor play equipment specified in par. (b) 2. and 3. shall be provided based on the maximum licensed capacity of the center.

(d) Equipment and materials which reflect an awareness of cultural and ethnic diversity shall be provided.

(e) Shelves shall be provided for equipment and supplies in rooms used by children. Equipment and supplies shall be arranged in an orderly fashion so that children may select, use, and replace items.

(f) Trampolines and inflatable bounce surfaces on the premises shall not be accessible to children and shall not be used by children in care.

(g) Tables and seating shall be scaled to the proper height and size for the children’s comfort and reach.

(h) There shall be sufficient storage space for the clothing and personal belongings of each child in attendance. For children 2 years of age and older, the space for outer garment storage shall be at child level.

(i) Furnishings, toys, and other equipment shall be washed or cleaned when they become soiled.

(4) Rest periods.

(a) A child under 5 years of age in care for more than 4 hours shall have a nap or rest period.

(b) Child care workers shall permit a child who does not sleep after 30 minutes and a child who awakens to get up and to have quiet time through the use of equipment or activities which will not disturb other children.

(c) Each child under one year of age who naps or sleeps shall be provided with a safe, washable crib or playpen that meets the applicable safety standards in 16 CFR Part 1219 or 1220 and shall be placed at least 2 feet from the nearest sleeping child. Cribs or playpens may be placed end-to-end if a solid partition separates the crib or playpen and an aisle not less than 2 feet in width is maintained between sleeping surfaces.

(cm) Each child one year of age and older who has a nap or rest period shall be provided with a sleeping surface that is clean, safe, washable, and placed at least 2 feet from the nearest sleeping child. Sleeping surfaces may be placed end-to-end if a solid partition separates children and an aisle not less than 2 feet in width is maintained between sleeping surfaces. The sleeping surface shall be any of the following:

A bed.
A cot.
A padded mat.
A sleeping bag.
A crib or playpen.

(d) Each child one year of age and older not using a sleeping bag shall be provided with an individually identified sheet and blanket that may be used only by that child until it is washed.

(e) Bedding shall be maintained and stored in a clean and sanitary manner, replaced immediately if wet or soiled, and washed after every 5 uses, at a minimum. A crib or playpen shall be washed and disinfected between changes in occupancy.

(5) Meals, snacks, and food service.

(a) Food.

Food shall be provided by the center based on the amount of time children are present as specified in Table 251.07.
Center-provided transportation time shall be included in determining the amount of time children are present for the purposes of subd. 1.
Food shall be served at flexible intervals, but no child may go without nourishment for longer than 3 hours.
At a minimum, children shall be provided food for each meal and snack that meets the U.S. department of agriculture child and adult care food program minimum meal requirements for amounts and types of food.

Note: The USDA meal program requirements are found on the website, http://www.fns.usda.gov/cacfp/meals-and-snacks.

4m. Additional portions of vegetables, fruits, bread, and milk shall be available.

Menus for meals and snacks provided by the center shall:

a. Be posted in the kitchen and in a conspicuous place accessible to parents.

b. Be planned at least one week in advance, dated and kept on file for 3 months.

c. Be available for review by the department.

5m. A daily menu may not be repeated within a one-week time period.

Any changes in a menu as planned shall be recorded on the copies of the menu kept on file and posted for parents.

6m. When snacks are provided by parents for all children, a record of the snack served shall be posted in an area accessible to parents.

When food for a child is provided by the child’s parent, the center shall provide the parent with information about requirements for food groups and quantities specified by the U.S. department of agriculture child and adult care food program minimum meal requirements.
A special diet based on a medical condition, excluding food allergies, but including nutrient concentrates and supplements, may be served only upon written instruction of a child’s physician and upon request of the parent.

9m. A special diet based on a food allergy may be served upon the written request of the parent.

Cooks, staff members, child care workers and substitutes having direct contact with the children shall be informed about food allergies and other allergies of specific children.

(b) Food service.

Staff shall sit at the table with the children during mealtime.
Meals shall be served with time allowed for socialization.
Except as provided in subd. 4., in a center where meals and snacks are served, seating and table space shall be at least equal to the licensed capacity of the center, excluding infants, so that all children can be served at the same time.
In a center where meals are served in a central lunchroom, seating and table space shall be at least equal to the number of children to be served in a shift.
Eating surfaces, including high chairs, shall be washed and sanitized before and after each use.

(6) Health.

(a) Observation. Each child upon arrival at a center shall be observed by a staff person for symptoms of illness and injury. For an apparently ill child, the procedure under par. (c) shall be followed.

(b) Isolation. A center shall have an isolation area for the care of children who appear to be ill. If the area is not a separate room, it shall be separated from the space used by other children by a partition, screen, or other means to keep other children away from the ill child.

(c) Ill child procedure. The following procedures shall apply when a child with an illness or condition that has the potential to affect the health of other persons, such as vomiting, diarrhea, unusual lethargy, or uncontrolled coughing, is observed in the child care center:

The child shall be isolated until the child can be removed from the center.
The child in the isolation area shall be within sight and sound supervision of a staff member.
The child shall be provided with a bed, crib, playpen, cot, or padded mat and a sheet and blanket or a sleeping bag.
The child’s parent or emergency contact shall be contacted as soon as possible after the illness is discovered and arrangements shall be made for the child to be removed from the center.

(d) Care of a mildly ill child. A child who is mildly ill may be cared for at the center when all of the following conditions are met:

The space for the care of a mildly ill child shall be a self-contained room and shall be separate from children who are well.
The room shall have a sink with hot and cold running water.
The parent consents in writing.
The written health policy of the center allows a mildly ill child to remain at the center.
The center follows and implements procedures in a written plan for the provision of care to mildly ill children approved and signed by a licensed physician, or a pediatric or family nurse practitioner which covers all of the following:

a. Admissions and exclusions.

b. Staffing.

c. Staff training.

d. Monitoring and evaluation.

e. Programming.

f. Infectious disease control.

g. Emergency procedures.

Medical consultation is available from a physician or local health department in establishing policy for the management of mildly ill children.

(dm) Medical log book.

The licensee shall maintain a medical log book that has stitched binding with pages that are lined and numbered.
Pages may not be removed from the medical log book under subd. 1. and lines may not be skipped. Each entry in the log book shall be in ink, dated, and signed or initialed by the person making the entry.
A child care worker shall record all of the following in the medical log under subd. 1.:

a. Any evidence of unusual bruises, contusions, lacerations, or burns seen on a child, regardless of whether received while in the care of the center.

d. Any incident or accident that occurs when the child is in the care of the center that results in professional medical evaluation.

Note: See s. DCF 250.04 (8) for requirements related to reporting suspected child abuse or neglect.

The director or the director’s designee shall review records of injuries with staff every 6 months to ensure that all possible preventive measures are being taken. The reviews shall be documented in the medical log book under subd. 1.

(e) Communicable disease.

No child or other person with a reportable communicable disease specified in ch. DHS 145 may be admitted to or permitted to remain in a center during the period when the disease is communicable.
An employee, volunteer or a child may be readmitted to the group child care center if there is a statement from a physician that the condition is no longer contagious or if the person has been absent for a period of time equal to the longest usual incubation period for the disease as specified by the department.

Note: The Wisconsin Department of Health Services, Division of Public Health, has developed materials that identify those communicable diseases that are required to be reported to the local public health officer. These materials also provide additional guidance on the symptoms of each disease and information on how long an infected child must be excluded from the center. The materials include a communicable disease chart and exclusion guidelines for child care centers. Copies of the communicable disease chart or the exclusion guidelines for child care centers are available from the Child Care Information Center at 800-362-7353.

(f) Medications.

Center staff may give prescription or non-prescription medication, such as pain relievers, teething gels or cough syrup, to a child only under the following conditions:

a. A written authorization that includes the child’s name and birthdate, name of medication, administration instructions, medication intervals and length of the authorization dated and signed by the parent is on file. Blanket authorizations that exceed the length of time specified on the label are prohibited.

Note: The department’s form, Authorization to Administer Medication — Child Care Centers, is used to obtain the parent’s authorization to provide medications. Information on how to obtain the department’s form is available on the department’s website, http://dcf.wisconsin.gov, or from any regional licensing office in Appendix A.

b. The medication is in the original container and labeled with the child’s name and the label includes the dosage and directions for administration.

Medication shall be stored so that it is not accessible to the children.
Medication requiring refrigeration shall be kept in the refrigerator in a separate, covered container clearly labeled “medication”.
All medication for a child in care shall be administered by the center as directed on the label and as authorized by the parent.
No medication intended for use by a child in the care of the center may be kept at the center without a current medication administration authorization from the parent.

(g) Health precautions.

Bodily secretions, such as runny noses, eye drainage, and coughed-up matter shall be wiped with a disposable tissue used once and placed in a plastic-lined container.
Surfaces exposed to bodily secretions including walls, floors, toys, equipment, and furnishings shall be washed with soap and water and disinfected. The disinfectant solution shall be registered with the U.S. environmental protection agency as a disinfectant and have instructions for use as a disinfectant on the label. The solution shall be prepared and applied as indicated on the label.
As appropriate, children shall be protected from sunburn and insect bites with protective clothing, sunscreen, or insect repellent. Sunscreen and insect repellent may only be applied upon the written authorization of the parent. The authorization shall include the ingredient strength and be reviewed and updated every 6 months. If sunscreen or insect repellent is provided by the parent, the sunscreen or repellent shall be labeled with the child’s name. Recording the application of sunscreen or insect repellent is not necessary.
Children shall be clothed to ensure body warmth and comfort.
Center staff shall adopt and follow universal precautions when exposed to blood and blood-containing bodily fluids and injury discharges.
Single use disposable gloves shall be worn if there is contact with blood-containing bodily fluids or tissue discharges. Gloves shall be discarded in plastic bags.
Wet or soiled clothing shall be changed promptly from an available supply of clean clothing.

(i) Personal cleanliness.

A child’s hands shall be washed with soap and warm running water before meals and snacks, after handling a pet or animal, and after toileting or diapering. A child’s hands and face shall be washed when soiled. For children under one year of age, hands may be washed with soap and a wet fabric or paper washcloth that is used once and discarded.
Persons working with children shall wash their hands with soap and warm running water before handling food, before and after assisting with toileting and diapering, after wiping bodily secretions from a child with a disposable tissue, and after exposure to blood or bodily fluids. If gloves are used, hands shall be washed after the removal of gloves.
Personal use items, such as cups, eating utensils, toothbrushes, combs, and towels may not be shared and shall be kept in a sanitary condition.
Wet or soiled clothing and diapers shall be changed promptly from an available supply of clean clothing.
Applicable rules under s. DCF 251.09 (4) (a), (c), and (d) shall apply when children 2 years of age and older require attention for diapering and toileting.
If running water is not immediately available when outdoors or on field trips, soap and water-based wet wipes may be used. When running water becomes available, hands must be washed immediately with soap and running water.
Disinfecting hand sanitizers may not replace the use of soap and water when washing hands.

(j) Injuries.

Written permission from the parent to call a child’s physician or refer the child for medical care in case of injury shall be on file at the center. The center shall contact the parent as soon as possible after an emergency has occurred or, if the injury is minor, when the parent picks up the child.

Note: The center may use the department’s form, Child Care Enrollment, or its own form for obtaining medical consent from the parent. The form is available on the department’s website, https://dcf.wisconsin.gov/cclicensing/ccformspubs.

A center shall identify a planned source of emergency medical care, such as a hospital emergency room, clinic or other constantly staffed facility, and shall advise parents about the designated emergency medical facility.
A center shall establish and follow written procedures for bringing a child to an emergency medical care facility and for treatment of minor injuries.
First aid procedures shall be followed for serious injuries.
Each center shall have a supply of bandages, tape, and Band-Aids.
Superficial wounds shall be cleaned with soap and water only and protected with a bandaid or bandage.
Suspected poisoning shall be treated only after consultation with a poison control center.

(7) Pets and animals.

(a) Animals shall be maintained in good health and appropriately immunized against rabies. Rabies vaccinations shall be documented with a current certificate from a veterinarian.

Note: Service animals used to assist persons with a disability are not considered pets when they are used as a service animal.

(b) Animals that pose any risk to the children shall be restricted from the indoor and outdoor areas used by children.

(d) Reptiles, amphibians, turtles, ferrets, poisonous animals, psittacine birds, exotic and wild animals may not be accessible to children.

Note: Psittacine birds are hooked-billed birds of the parrot family that have 2 toes forward and 2 toes backward and include parrots, macaws, grays, lovebirds and cockatoos.

(e) All contact between pets or animals and children shall be under the close supervision of a child care worker who is close enough to remove the child immediately if the pet or animal shows signs of distress or the child shows signs of treating the pet or animal inappropriately.

(f) Pets in classrooms shall be confined in cages while food is being prepared or served in the classroom. Pets, cages and litter boxes are prohibited in kitchens, lunch rooms, and food storage areas. Pet and animal feeding dishes, excluding water dishes, and litter boxes may not be placed in areas accessible to children.

(g) Indoor and outdoor areas accessible to children shall be free of animal excrement.

(h) If dogs or cats are allowed in areas of the center accessible to children, the certificate of insurance required under s. DCF 251.04 (2) (g) shall indicate the number and types of pets covered by the insurance.

(i) Licensees shall ensure that the center is in compliance with all applicable local ordinances regarding the number, types and health status of pets or animals.

(8) Miscellaneous activities. A center that includes in its program watercraft, riflery, archery, horseback riding, or adventure-based activities shall comply with the applicable requirements under s. DCF 252.44 (8), (9), (11), and (13).

History

Cr. Register, January, 1997, No. 493, eff. 8-1-97; CR 03-052: am. (1) (a) (intro.), (2) (b) and (e) (intro.), 1. and 3., Table 46.07 (title), (5) (a) 9., (6) (d) 5. (intro.), (e) 1., 2. and 3., (f) 1., a. and c., (6) (j) 5. and 9. and (k) 5., cr. (5) (a) 9m. and (6) (f) 2., renum. (6) (f) 2. and 3. to be 3. and 4., r. and recr. (7) Register December 2004 No. 588, eff. 3-1-05; corrections in (6) (e), (i) 5., (L), (7) (h) and (8) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; CR 07-102: am. (1) (a), (2) (e) (intro.), 1., (4) (b), (5) (a) 5. (intro.), (6) (a) 2., (c) (intro.), (e) 2., 3., (f) 1. (intro.), c., 2., (g) 3., (j) 8., 9., (k) 1., 2. and (7) (f), cr. (1) (a) 7., (2) (e) 5., (3) (f), (5) (a) 6m., (6) (f) 5., 6., (i) 6. and 7. Register December 2008 No. 636, eff. 1-1-09; 2015 Wis. Act 132: am. (6) (k) 3. Register February 2016 No. 722, eff. 3-1-16; EmR1918: emerg. am. (2) (b), (c), (3) (title), (a) (intro.), cr. (3) (a) 5., r. and recr. (3) (e), cr. (3) (g) to (i), r. and recr. (4) (c), cr. (4) (cm), am. (4) (d), (e), (5) (title), (a) 4., cr. (5) (a) 4m., r. (5) (a) 5. d., cr. (5) (a) 5m., r. (5) (a) 7., am. (5) (s) 8., 9., r. and recr. (5) (b) (title), cr. (5) (b) 3. to 5., renum. (6) (a) 1. to (6) (a), r. (6) (a) 2., am. (6) (b), r. and recr. (6) (c), cr. (6) (dm), am. (6) (e) 1., r. (6) (e) 2., (f) 1. c., 2., r. and recr. (6) (g), r. (6) (h), am. (6) (i) 1. to 3., 5., r. (6) (j) 8., 9., (k), (L), am. (8), eff. 1-30-19; CR 19-089: am. (2) (b), (c), (3) (title), (a) (intro.), cr. (3) (a) 5., r. and recr. (3) (e), cr. (3) (g) to (i), r. and recr. (4) (c), cr. (4) (cm), am. (4) (d), (e), (5) (title), (a) 4., cr. (5) (a) 4m., r. (5) (a) 5. d., cr. (5) (a) 5m., r. (5) (a) 7., am. (5) (s) 8., 9., r. and recr. (5) (b) (title), cr. (5) (b) 3. to 5., renum. (6) (a) 1. to (6) (a), r. (6) (a) 2., am. (6) (b), r. and recr. (6) (c), cr. (6) (dm), am. (6) (e) 1., r. (6) (e) 2., (f) 1. c., 2., r. and recr. (6) (g), r. (6) (h), am. (6) (i) 1. to 3., 5., r. (6) (j) 8., 9., (k), (L), am. (8) Register March 2020 No. 771, eff. 4-1-20; correction in (4) (cm) (intro.) made under s. 35.17, Stats., Register March 2020 No. 771; CR 21-100: am. (1) (a) (intro.), r. and recr. (2) (a) 1., (c), r. (2) (d), am. (6) (g) 4., cr. (6) (g) 7. Register February 2023 No. 806, eff. 3-1-23; correction in (2) (a) 1. made under s. 35.17, Stats., Register January 2024 No. 817.

Wis. Admin. Code § DCF 251.08 Transportation {#sec-dcf-251.08 omnilex-key=us-wi-regs-official--agency-dcf--DCF 251.08}

(1) Applicability.

The licensee owns or leases the vehicle used.
The licensee contracts with another individual or organization that owns or leases the vehicle used.
Employees, parents, or volunteers are transporting children at the direction, at the request, or on behalf of the licensee.

(b) The following requirements do not apply to transportation provided in vehicles owned and driven by parents or volunteers who are not counted in the staff-to-child ratios in s. DCF 251.055 (2) (b):

The requirement that a licensee obtain a copy of the driver’s driving record and review it under sub. (4) (c).
The requirement to provide evidence that the vehicle is in safe operating condition at 12-month intervals under sub. (5) (b).
The requirements related to child care vehicle safety alarms under sub. (8).

(c) The licensee shall document in its policies that transportation provided through a written or verbal contract with another individual or organization meets the requirements of this section.

(a) The purpose of the transportation and the parent or guardian’s permission to transport the child for that purpose.

(b) An address and telephone number where a parent or other adult can be reached in an emergency.

(d) Written consent from the child’s parent or guardian for emergency medical treatment.

(a) A list of the children being transported.

(b) A copy of the completed permission and emergency information form under sub. (2) for each child being transported.

(4) Driver.

(a) The driver of a vehicle used to transport children in care shall be at least 18 years of age and shall hold a valid driver’s license for the state where the driver resides and for the type of vehicle driven.

(b) Before a driver who is not the licensee first transports children, the licensee shall provide the driver with a training. The licensee shall review, document, and update the training as necessary with each driver annually. The training shall include all of the following:

The procedure for ensuring that all children are properly restrained in the appropriate child safety seat.
The procedure for loading, unloading, and tracking of children being transported.
The procedure for evacuating the children from a vehicle in an emergency.
Behavior management techniques for use with children being transported.
A review of this chapter and applicable statutes under s. 347.48, Stats.
A review of applicable center policies.
First aid procedures.
A review of child abuse and neglect laws and center reporting procedures.
Information on any special needs a child being transported may have and the plan for how those needs will be met.
A review of the use of the vehicle alarm, if applicable.
Any other job responsibilities as determined by the licensee.

(c)

Prior to the day a driver first transports children in care and annually thereafter, the licensee shall obtain a copy of the driving record for each driver and place the record in the staff file. The licensee shall review each driving record to ensure that the driver has no accidents or traffic violations that would indicate that having children ride with the driver could pose a threat to the children.
In determining whether a driver may pose a threat to the children, the licensee shall consider the totality of the driver’s record, any other relevant facts, and the following factors in combination:

a. The seriousness of any accidents or violations.

b. How much time has passed since an accident or violation occurred.

c. The number of accidents or violations.

d. The likelihood that a similar incident will occur.

A driver whose driving record indicates that the driver poses a threat to the children may not transport children.

(d)

Except as provided in subd. 2., a driver of a vehicle that is transporting children in care may not use a cellular phone or other wireless telecommunication device while loading, unloading, or transporting children, except when the vehicle is out of traffic, not in operation, and any of the following applies:

a. The phone or device is used to call 911.

b. The phone or device is used to communicate with emergency responders.

c. The phone or device is used to communicate with the center regarding an emergency situation.

A navigation device may be used during transportation if the device is programmed to a destination when the vehicle is out of traffic and not in operation.

(5) Vehicle.

(a) The licensee shall ensure that each vehicle that is used to transport children is all of the following:

Registered with the Wisconsin department of transportation or the appropriate authority in another state.
Clean, uncluttered, and free of obstruction on the floors, aisles, and seats.
In safe operating condition.

(b) At 12-month intervals the licensee shall provide the department with evidence of a vehicle’s safe operating condition on a form provided by the department.

(c) At least once per year, the licensee shall make available to the department each vehicle that is required to have a child safety alarm under sub. (8) (a) to determine whether the child safety alarm is in good working order.

(d) Hired or contracted school buses used to transport children shall be in compliance with ch. Trans 300.

(6) Seat belts and child safety restraints.

(a) No person may transport a child under 8 years of age in a motor vehicle, unless the child is restrained in a child safety restraint system that is appropriate to the child’s age and size and in accordance with s. 347.48 Stats., and ch. Trans 310.

Note: For further information on child safety restraints, see https://wisconsindot.gov/Pages/safety/education/child-safety/default.aspx.

(b)

Each child who is not required to be in an individual child car safety seat or booster seat when being transported under par. (a) shall be properly restrained by a seat belt in accordance with s. 347.48, Stats., and ch. Trans 315.
Each adult in the vehicle shall be properly restrained by a seat belt in accordance with s. 347.48, Stats., and ch. Trans 315.
Seat belts may not be shared.

(c) Children transported in school buses or vehicles built to school bus standards shall be properly seated according to the manufacturer’s specifications.

(d) Children under 13 years of age who are in the care of the center may not ride in the front seat of a vehicle.

(7) Vehicle capacity and supervision.

(a) The center shall be responsible for a child from the time the child is placed in a vehicle until the children reaches his or her destination and is released to a person responsible for the child. A parent of a school age child may authorize a child to enter a building unescorted.

Note: The form Transportation Permission - Child Care Centers may be used to designate an adult to receive a child being transported. Forms are available on the department’s website at https://dcf.wisconsin.gov/cclicensing/ccformspubs.

(b) Children may not be left unattended in a vehicle.

(d) The licensee shall develop and implement a procedure to ensure that all children exit the vehicle after being transported to a destination.

(e) No child may be in a vehicle for transport to or from a center, a field trip, or other center activity for more than 60 minutes for a one-way trip.

(8) Child care vehicle safety alarm.

(a) A vehicle shall be equipped with a child safety alarm that prompts the driver to inspect the vehicle for children before exiting if all of the following conditions apply:

The vehicle is owned or leased by a licensee or a contractor of a licensee.
The vehicle has a seating capacity of 6 or more passengers plus the driver. The seating capacity of the vehicle shall be determined by the manufacturer.
The vehicle is used to transport children in care.

(b) No person may shut off a child safety alarm unless the driver first inspects the vehicle to ensure that no child is left unattended in the vehicle.

(c) The child safety alarm shall be in good working order each time the vehicle is used for transporting children to or from a center.

Note: Information on the required vehicle safety alarm is available in the “child care licensing/information for providers” section of the department website at http://dcf.wisconsin.gov.

History

Cr. Register, January, 1997, No. 493, eff. 8-1-97; CR 03-052: r. and recr. (3) and (7), am. (4) (b) and (5) (d), cr. (4) (d) Register December 2004 No. 588, eff. 3-1-05; CR 07-102: am. (1), (3) (b), (4) (d), (5) (b) 1. and (6) (b), r. and recr. (2) (a), cr. (3) (c), (4) (b) 2. to 5. and (5) (e), renum. (4) (b) to be (4) (b) 1. and am. Register December 2008 No. 636, eff. 1-1-09; CR 14-028: cr. (8) Register July 2016 No. 727, eff. 8-1-16; EmR1918: emerg. r. and recr., eff. 1-30-19; CR 19-089: r. and recr. Register March 2020 No. 771, eff. 4-1-20.

Wis. Admin. Code § DCF 251.09 Additional requirements for infant and toddler care {#sec-dcf-251.09 omnilex-key=us-wi-regs-official--agency-dcf--DCF 251.09}

(1) Applicability and general requirements.

(a) Group child care centers providing care and supervision to infants and toddlers shall comply with the additional requirements of this section.

(am) Prior to admission, the licensee shall obtain written information from a child’s parent or guardian to individualize the program of care for the child. Child care workers shall use the information obtained from parents to provide care to the child. Information shall include all of the following:

Schedule of meals and feeding.
Types of food introduced and timetable for new foods.
Toileting and diapering procedures.
Sleep and nap schedule.
The child’s way of communicating and being comforted.
Developmental and health history.

Note: The licensee may use the department’s form, Intake for Child Under 2 Years — Child Care Centers, or the licensee’s own form to record information for individualizing the program of care for each child. Information on how to obtain the department’s form is available on the department’s website, http://dcf.wisconsin.gov, or from any regional licensing office in Appendix A.

(b) Admission information for an infant or toddler shall be on file in the room or area to which the child is assigned and shall be known to the child care worker.

(c) Child care workers shall document changes in a child’s development and routines every 3 months based on discussion with the parent.

(d) Each infant and toddler shall be cared for by a regularly assigned child care worker in a self-contained room or area.

(e) The regularly assigned child care teacher and assistant child care teacher for each group of infants and toddlers shall have a minimum of 10 hours of training in infant and toddler care approved by the department within 6 months after assuming the position. If the training is not part of the required preservice entry-level training under s. DCF 251.05 (3) (f) or (g) it shall be obtained through continuing education.

(f) Infants and toddlers are restricted to first floors and ground floors having direct grade-level exits unless the building is in compliance with all applicable building codes that permit children to be cared for on other levels. The building inspection report on file with the licensing office shall indicate where care may be provided for children under 30 months of age.

(g) Safety gates shall be provided at open stairways.

(h) For centers licensed on or after January 1, 2009, the space occupied by cribs shall be deducted in determining the 35 square feet space requirement under s. DCF 251.06 (7) (a) for each child.

(i) The number of children under one year of age admitted at any one time may not exceed the number of cribs and playpens.

(j) Cribs and playpens shall contain a tight-fitting mattress and a mattress covering that fits snugly over the mattress.

(k) Sheets or blankets used to cover a child one year of age or older shall be kept away from the child’s mouth and nose, and if sleeping in a crib or playpen shall be tucked tightly under the mattress.

(L) A child under one year of age may not sleep in a crib or playpen that contains soft or loose materials, such as sheepskins, pillows, blankets, flat sheets, bumper pads, bibs, pacifiers with attached soft objects, or stuffed animals. No blankets and other items may be hung on the sides of the crib or playpen.

(m) An audio monitoring device shall be used in any area or room where children under one year of age are placed to sleep.

(n) Waterbeds may not be used by children under 2 years of age.

(2) Daily program. In addition to the requirements under s. DCF 251.07, all of the following apply to the care of infants and toddlers:

(a) Child care workers shall respond promptly to a crying child’s needs.

(b) Each infant and each toddler shall be allowed to form and follow his or her own pattern of sleeping and waking.

(bm) Each child under one year of age shall be placed to sleep on his or her back in a crib unless otherwise specified in writing by the child’s physician. The child shall be allowed to assume the position most comfortable to him or her when able to roll over unassisted.

(d) Throughout the day each infant and each toddler shall receive physical contact and attention such as being held, rocked, talked to, sung to and taken on walks inside and outside the center.

(e) Routines relating to activities such as taking a nap, eating, diapering and toileting shall be used as occasions for language development and other learning experiences.

(f) When a non-mobile child is awake, the child care worker shall change the child’s body position and location in the room periodically. Non-mobile children who are awake shall be placed on their stomach occasionally throughout the day.

(g) The non-walking child who can creep or crawl shall be given opportunities during each day to move freely by creeping and crawling in a safe, clean, open, warm and uncluttered area.

(h) Child care workers shall encourage infants and toddlers to play with a wide variety of safe toys and objects.

(j) When infants and toddlers are taken outdoors for a walk, equipment, such as strollers or wagons, shall be provided.

(k) An adult-size rocking chair or other adult-size chair shall be provided for each child care worker.

(3) Feeding.

(a) Child care workers shall do all of the following:

Feed each infant and each toddler on the child’s own feeding schedule.
Ensure that food, breast milk, and formula brought from home are labeled with the child’s name and the date and are refrigerated, if required.

2m. Ensure each infant and toddler is correctly fed the food, breastmilk, or formula labeled with the infant’s or toddler’s name.

Ensure that food, breast milk, and formula offered to infants and toddlers is consistent with the requirements of the U.S. department of agriculture child and adult care food program.

Note: Information on the meal program requirements of the Child and Adult Care Food Program may be found on the following website, http://www.fns.usda.gov/cacfp/meals-and-snacks.

Discard leftover milk or formula within 2 hours after each feeding and rinse bottles after use.
Offer drinking water to infants and toddlers, as appropriate, several times daily.
Hold a child who is unable to hold a bottle whenever a bottle is given. Bottles may not be propped.
Cover, date and refrigerate commercial baby food containers which are opened and foods prepared in the center which are stored. If not used within 36 hours, leftover food shall be discarded.
Hold or place a child too young to sit in a high chair in an infant seat during feeding. Wide-based high chairs, hook-on chairs or infant seats with safety straps shall be provided for children who are not developmentally able to sit at tables and chairs.
Encourage children to experiment with self-feeding with their hands and spoons. Eating utensils and cups shall be scaled to the size and developmental level of the children.
Offer a variety of nourishing foods to each child according to the child’s developmental level and the parent’s feeding instructions.
Refrain from feeding a child directly from commercial food containers.
Refrain from heating breast milk or formula in a microwave oven.

(b) Procedures for heating infant formula, milk, and food shall be posted, and child care workers shall follow the posted procedures.

(4) Diapering and toileting.

(a) Child care workers shall do all of the following:

Plan toilet training in cooperation with the parent so that a child’s toilet routine is consistent between the center and the child’s home, except that no routine attempts may be made to toilet train a child under 18 months of age.
Change wet or soiled diapers promptly.
Change each child on an easily cleanable surface that is cleaned with soap and water and a disinfectant solution after each use. The disinfectant solution shall be registered with the U.S. environmental protection agency as a disinfectant and have instructions for use as a disinfectant on the label. The solution shall be prepared and applied as indicated on the label.
If the diapering surface is above floor level, provide a barrier or restraint to prevent falling. A child may not be left unattended on the diapering surface.
Place disposable soiled diapers and gloves, if used, in a plastic-lined, hands-free, covered container immediately.
Place parent-supplied soiled cloth diapers in labeled plastic bags which are kept separate from other clothing.
Place center-supplied soiled cloth diapers in a plastic-lined, covered container for washing by a commercial diaper service.
Remove soiled diapers from containers as needed but at least daily for washing or disposal. Containers shall be washed and disinfected daily.
Apply lotions, powders or salves to a child during diapering only at the specific written direction of the child’s parent or the child’s physician. The directions on use shall be posted in the diaper changing area. Recording the use of lotions, powders or salves during diapering in the medical log book is not required.
Wash the child’s diaper area before each diapering with a disposable or fabric towel used only once.

(b) Each self-contained classroom or area serving infants or toddlers who are diapered shall have a sink with hot and cold running water which is not used for food preparation or dishwashing within the room or area.

(d) There shall be a supply of diapers sufficient to meet the needs of the children using diapers at the center.

History

Cr. Register, January, 1997, No. 493, eff. 8-1-97; CR 03-052: renum. (1) (a) to be (am), am. (1) (title) and (intro.), (f), (2) (f) and (3) (a) 4., cr. (1) (j) to (L) and (2) (bm), r. (3) (a) 5. Register December 2004 No. 588, eff. 3-1-05; corrections in (1) (e) and (h) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; CR 07-102: am. (1) (d) (intro.), 1., 2., (h), (4) (a) 3., 5. and 10. Register December 2008 No. 636, eff. 1-1-09; 2015 Wis. Act 132: am. (1) (e) Register February 2016 No. 722, eff. 3-1-16; EmR1918: emerg. am. (1) (am) (intro.), renum. (1) (d) (intro.) to (1) (d) and am., r. (1) (d) 1., 2., am. (1) (e), (f), (k), (L), cr. (2) (intro.), r. (2) (i), am. (2) (j), (k), (3) (a) 2., 3., r. (3) (a) 4., 6., am. (3) (a) 8., 9., 13., 15., (b), cr. (3) (c), am. (4) (a) 2., 3., r. (4) (a) 9., am. (4) (d), eff. 1-30-19; CR 19-089: am. (1) (am) (intro.), renum. (1) (d) (intro.) to (1) (d) and am., r. (1) (d) 1., 2., am. (1) (e), (f), (k), (L), cr. (2) (intro.), r. (2) (i), am. (2) (j), (k), (3) (a) 2., 3., r. (3) (a) 4., 6., am. (3) (a) 8., 9., 13., 15., (b), cr. (3) (c), am. (4) (a) 2., 3., r. (4) (a) 9., am. (4) (d) Register March 2020 No. 771, eff. 4-1-20; CR 21-100: am. (1) (j), cr. (1) (m), (n), (3) (a) 2m., am. (3) (a) 7. Register February 2023 No. 806, eff. 3-1-23.

Wis. Admin. Code § DCF 251.094 Staff in school-age programs {#sec-dcf-251.094 omnilex-key=us-wi-regs-official--agency-dcf--DCF 251.094}

(1) Applicability.

(a) This section applies to group child care centers that serve only school-age children and group child care centers that serve school-age children in groups separate from children who are under 5 years of age.

(b) Except for s. DCF 251.09, all requirements under ss. DCF 251.04 to 251.12 apply to school-age programs in addition to or except as specified in this section and s. DCF 251.095.

(2) School-age administrator.

(a) The licensee may act as a school-age administrator. If the licensee does not act as the school-age administrator, the licensee shall designate a person or persons to be the school-age administrator. The school-age administrator shall be responsible for overall organizational management, including personnel, finance, physical plant, and the implementation of policies and procedures.

(b) A school-age administrator, including a licensee that is a school-age administrator, shall meet either the qualifications of an administrator under s. DCF 251.05 (3) (d) 2. to 5. or the qualifications in this subsection.

(c) A school-age administrator shall be at least 21 years of age and have completed high school or its equivalent, as determined by the Wisconsin department of public instruction.

(d)

Before a person assumes the position of school-age administrator, the person shall have all the following:

a. At least one year of experience as a manager or satisfactory completion of a department-approved course in business or program administration.

b. One year of experience as a school-age director or satisfactory completion of a noncredit department-approved course or course for credit in school-age child growth and development.

Notwithstanding subd. 1., a person is not required to complete the preservice training specified in subd. 1. if the person was employed as an administrator in a school-age program prior to March 1, 2023, and met the preservice training requirements at that time.

(e) Within one year after assuming the position, each school-age administrator shall complete at least 10 hours of training in supervision or personnel management if the school-age administrator has not previously received that training. The training may be counted as part of the annual continuing education requirement.

(2m) School-age administrator and school-age director. An individual may perform the duties of both a school-age administrator under sub. (2) (a) and a school-age director under sub. (3) (a) if the individual meets the qualifications for both positions under subs. (2) (b) to (e) and (3) (b) to (d).

(3) School-age director.

(a) A school-age director shall be responsible for the management and implementation of the program for the school-age children; supervision of the staff, including recruitment, hiring, and training; oversight for regulatory compliance; and development of policies and procedures.

(b) No person may act as the school-age director for more than 5 school-age program sites.

(c) A school-age director shall meet either the qualifications of a center director under s. DCF 251.05 (3) (e) 3. to 5. or all of the following qualifications:

Be at least 21 years of age.
Have completed high school or its equivalent as determined by the Wisconsin department of public instruction.
Have at least 240 hours of experience as a school-age program leader, public or private school teacher, student teacher, coach, camp counselor, mentor in a community-based organization, or equivalent experience in another approved setting.
Have completed at least one of the preservice training requirements in Table 251.094 prior to beginning work as a school-age director, except as specified in par. (d). The school-age director shall also complete any additional training requirements in Table 251.094 as provided.

Note: The noncredit courses approved by the department to meet the entry-level training requirements for a school-age director are Introduction to the School-Age Care Profession and Skills and Strategies for the School-Age Teacher. School-age directors may also meet this requirement by completing both Guiding Behavior of Children in School-Age Programs and School-Age Curricular Framework in place of Skills and Strategies for the School-Age Teacher.

(d) A person employed as a director in a school-age program prior to March 1, 2023, is not required to complete the preservice training specified in par. (c) 4.

(4) School-age program leader.

(a) A school-age program leader shall plan, implement, and supervise the daily activities for a group of children, and is also responsible for communication with families, relations with the community, and coordination with other school-age staff.

(b) A school-age program leader shall meet either the qualifications of a child care teacher under s. DCF 251.05 (3) (f) 2. and 3. or all the following conditions:

Be at least 18 years of age.
Have completed high school or its equivalent as determined by the Wisconsin department of public instruction.
Have at least 240 hours of experience as a group leader, school-age assistant, public or private school teacher, student teacher or practicum, coach, camp counselor, mentor through a community-based organization, or in another approved setting.

(c) Prior to assuming the position, a person hired to be a school-age program leader shall complete or obtain one of the following:

Four credits in school-age child growth and development or its equivalent.
The first 2 courses of the Registry Afterschool & Youth Development Credential.
Two noncredit department-approved courses for school-age program and group leaders.

Note: The noncredit courses approved by the department to meet the entry level training requirements for a school-age program leader are Introduction to the School-Age Care Profession and Skills and Strategies for the School-Age Teacher. School-age program leaders may also meet this requirement by completing both Guiding Behavior of Children in School-Age Programs and School-Age Curricular Framework in place of Skills and Strategies for the School-Age Teacher.

One noncredit department-approved course and 2 credits in education, physical education, community health, child guidance, recreation, psychology, social work, or juvenile justice.

Note: The noncredit course approved by the department to meet the entry level training requirement for a school-age program leader in combination with 2 credits is Introduction to the School-Age Care Profession.

(5) School-age group leader.

(a) A school-age group leader shall work under the supervision of a school-age program leader.

(b) A school-age group leader shall work with the program leader to plan, implement, and supervise the daily activities for a group of children.

(c) A school-age group leader shall meet either the qualifications of an assistant child care teacher under s. DCF 251.05 (3) (g) or meet all the following conditions:

Be at least 16 years of age.
Have satisfactorily completed one of the following within 6 months after assuming the position:

a. A noncredit department-approved course in school-age care.

Note: Introduction to the School-Age Care Profession is the noncredit course approved by the department to meet the entry level training requirements for a school-age group leader.

b. Two credits in school-age child growth and development or its equivalent.

c. The first course of the Registry Afterschool & Youth Development Credential.

(6) School-age program aide.

(a) A school-age program aide shall work under the direction and supervision of a school-age program leader.

(b) A person who is a school-age program aide shall be at least 16 years of age.

(c) A school-age program aide shall either meet the qualifications of a program aide under s. DCF 251.05 (3) (gm) 3. or have satisfactorily completed at least one of the following within 6 months after assuming the position:

An assistant child care teacher training program approved by the Wisconsin department of public instruction.
At least 10 hours of training approved by the department in the care of school-age children.
A noncredit department-approved course in school-age care.

Note: Introduction to the School-Age Care Profession is the noncredit course approved by the department to meet the entry-level training requirements for a school-age program aide.

History

CR 21-100: cr. Register February 2023 No. 806, eff. 3-1-23; CR 26-010: am. (5) (c) (intro.), 1., r. (5) (c) 2. Register July 2026 No. 847, eff. 8-1-26.

Wis. Admin. Code § DCF 251.095 Additional requirements, modifications, and exceptions for school-age programs {#sec-dcf-251.095 omnilex-key=us-wi-regs-official--agency-dcf--DCF 251.095}

(1m) Applicability.

(a) This section applies only to group child care centers that serve only school-age children and group child care centers that serve school-age children in groups separate from children who are under 5 years of age.

(b) Except for s. DCF 251.09, all requirements under ss. DCF 251.04 to 251.12 apply to school-age programs in addition to or except as specified in this section and s. DCF 251.094.

(2m) Supervision. All of the following modify or are in addition to the requirements in s. DCF 251.055 (1):

(a) A school-age program shall be responsible for the health, safety, and well-being of a school-age child between the time the child arrives at the school-age program and the time the child is released to the child’s parent or to another activity that is specifically authorized in writing by the child’s parent.

(b) Notwithstanding s. DCF 251.055 (1) (a), each child 7 years of age and older shall be supervised by a school-age program leader or child care teacher who is within sight or sound of the child to guide the child’s behavior and activities, prevent harm, and ensure safety, except as provided in pars. (d) to (f).

Note: DCF 251.055 (1) (a) requires sight and sound supervision.

(c) Notwithstanding s. DCF 251.055 (1) (b), at least one school-age program leader or child care teacher shall supervise each group of school-age children, except as provided in pars. (d) and (e).

(d) Notwithstanding s. DCF 251.055 (1) (c), a school-age group leader who has completed the training required under s. DCF 251.094 (5) (c) 3. or an assistant child care teacher who has completed the training required under s. DCF 251.05 (3) (g) 2. and is age 18 or over may provide sole supervision for a group of school-age children for no more than 45 minutes if there is a qualified school-age program leader or child care teacher on the premises.

(e) A child 7 years of age or older may be authorized by the child care worker supervising the child to participate in program-sponsored activities in a school-age program away from the direct supervision of the assigned child care worker.

(f) A child 7 years of age and older may move between groups of children if a tracking method is implemented to ensure that the assigned child care worker knows the whereabouts of the child.

(g) When 9 or more children are on a field trip, there shall be at least 2 child care workers accompanying the children and the staff-to-child ratios in Table 251.055 shall be maintained. Notwithstanding s. DCF 251.055 (2) (j), at least one of the child care workers shall be a school-age program leader or a child care teacher.

(h) A school-age program shall have on file an agreement, signed by the parent, that specifies the attendance schedule to be followed and authorizes the child’s release to activities away from the school-age program.

Note: The licensee may use either the department’s form, DCF-F-CFS0104-E, Alternate Arrival/Release Agreement — Child Care Centers, or the licensee’s own form for securing the parent’s signed agreement. The form is available at https://dcf.wisconsin.gov/cclicensing/ccformspubs.

(3m) Additional requirements for meals and snacks. In addition to the requirements on meals, snacks, and food service in s. DCF 251.07 (5), the following provisions apply to school-age programs:

(a) All children attending a school-age program when a meal or snack is served shall be offered the meal or snack.

(b) School-age children present after school shall be served a snack.

(4m) Exceptions for school-age programs. The following provisions do not apply to school-age programs:

(a) Section DCF 251.06 (2) (b), only regarding protection of electrical outlets. All other protective measures in s. DCF 251.06 (2) (b) apply.

(b) Section DCF 251.06 (11) (b) 7., regarding a permanent enclosure of outdoor play space. If hazards exist, such as traffic or bodies of water, the boundaries of outdoor play space shall be made known to the children.

(5m) Exceptions and modifications for school-age programs in school buildings.

(a) Exceptions. The following requirements do not apply to school-age programs in school buildings that are currently in use as school buildings:

Section DCF 251.04 (6) (a) 6m., relating to documentation of a school-age child’s immunization records, only if the school-age program has approved access to the school’s vaccination records.
Section DCF 251.06 (1) (a), relating to maintaining a building inspection report.
Section DCF 251.06 (2) (n), relating only to the requirement that garbage containers be covered. All other requirements of s. DCF 251.06 (2) (n) shall be met.
Section DCF 251.06 (2) (o), relating to the requirement that windows and doors used for ventilation be screened.
Section DCF 251.06 (2) (p), relating to radon testing.
Section DCF 251.06 (4) (a), relating to fire extinguishers.
Section DCF 251.06 (4) (jm) 2., relating to testing or monitoring smoke detectors and fire alarms.
Section DCF 251.06 (6) (b), relating to testing private well water.
Section DCF 251.06 (11) (b) 5., relating to the requirement for an energy absorbing surface on playgrounds to a depth of at least 9 inches.

(b) Modifications. Notwithstanding ss. DCF 251.04 (3) (h) and (L) and 251.05 (2) (a) (intro.), the following modified versions of the specified provisions apply to school-age programs in school buildings that are currently in use as school buildings:

Section DCF 251.04 (3) (h), except that the licensee shall report 10 days prior to the change instead of 20 days.
Section DCF 251.04 (3) (L), except that the licensee shall report any construction or remodeling on the premises that has the potential to affect an area accessible to children or a condition of the license in writing at least 10 working days before the construction or remodeling begins.
Section DCF 251.05 (2) (a) (intro.), except that the licensee shall maintain a file on each employee or contracted employee. The file shall be available for examination by the licensing representative at the location of the school-age program within 2 hours after the request and shall include all of the following:

Note: The required records may be in an electronic format at the school-age program site.

History

Cr. Register, January, 1997, No. 493, eff. 8-1-97; correction in (2) (c) made under s. 13.93 (2m) (b) 7., Stats., Register, April, 1999, No. 520; CR 03-052: renum. from HFS 46.10 and am. (1), (2) (intro.), (c), (3) (intro.) and cr. (3) (dm) Register December 2004 No. 588, eff. 3-1-05; corrections in (2), (3) and (4) (b) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; CR 07-102: am. (2) (intro.), (c), (e), (4) (a) 3., (b) 1. and 3., cr. (4) (a) 5. Register December 2008 No. 636, eff. 1-1-09; correction in (4) (b) 3. made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; 2015 Wis. Act 132: am. (2) (d), (3) (a) Register February 2016 No. 722, eff. 3-1-16; EmR1918: emerg. cr. (3) (f), (g), am. (4) (b) 1. to 3., r. (4) (c), eff. 1-30-19; CR 19-089: cr. (3) (f), (g), am. (4) (b) 1. to 3., r. (4) (c) Register March 2020 No. 771, eff. 4-1-20; correction in (2) (b), (d), (3) (a), (dm) made under s. 13.92 (4) (b) 7., Stats., Register March 2020 No. 771; CR 20-003: am. (2) (d), (e), (3) (a) Register July 2020 No. 775, eff. 8-1-20; CR 21-100: r. and recr. Register February 2023 No. 806, eff. 3-1-23; correction in (5m) (b) 2., 3. made under s. 35.17, Stats., Register February 2023 No. 806; correction in (2m) (g) made under s. 35.17, Stats., Register July 2026 No. 847.

Wis. Admin. Code § DCF 251.10 Additional requirements for night care {#sec-dcf-251.10 omnilex-key=us-wi-regs-official--agency-dcf--DCF 251.10}

(1) Applicability. Group child care centers that operate during any period of time between 10:00 p.m. and 5:00 a.m. shall comply with the additional requirements of this section.

(2) General requirements.

(a) A center offering night care may serve no more than 20 children at any one time between 10:00 p.m. and 5:00 a.m., unless the building is equipped with emergency lighting supplied by a stand-by power source.

(b) When the same premises is used for the operation of both day care and night care, the number of children during any overlapping of the day care and night care periods may not exceed the maximum licensed capacity of the center.

(c) Minimum staff-to-child ratios and group sizes as specified in s. DCF 251.055 (2) shall be maintained during night care.

(d) All child care workers on duty shall remain awake, available, within call and able to respond to the needs of the children during night care.

(e) The parent or center shall provide each child in night care with an individually labeled sleeping garment and a toothbrush.

(3) Program.

(a) Child care staff shall work with a child’s parent to coordinate how the child spends his or her time during night care at the center with the family’s schedule.

(b) A center offering night care shall provide a self-contained room away from sleeping children where an awake child can engage in activities.

(c) An evening and morning schedule of program activities shall be planned for the hours that children in night care are awake.

(d) School-age children shall have an opportunity to read or do school work.

(4) Preventive measures.

(a) Child care workers shall be given training in techniques of evacuating sleeping children in an emergency during orientation to the job.

(b) Centers operating during hours of darkness shall provide emergency lighting, such as an operable flashlight, for each self-contained room used by children.

(5) Feeding.

(a) Breakfast shall be served to all children in care for the night, unless the parent specifies otherwise.

(b) A nighttime snack shall be available to all children in care.

(6) Sleep.

(a) Children who attend the center for the evening hours but not the whole night shall have an opportunity to sleep, as needed.

(b) Sleep routines for individual children shall be based on information provided by the parents.

(c) A bed, crib or cot with sheets and blankets or a sleeping bag, individual to each child, shall be provided in night care.

(d) The center shall maintain a supply of extra sleeping garments and bedding for emergencies and accidents.

(e) Children under 2 years of age in night care shall sleep in cribs.

History

Cr. Register, January, 1997, No. 493, eff. 8-1-97; CR 03-052: renum. from HFS 46.11, am. (1) and (2) (d) Register December 2004 No. 588, eff. 3-1-05; correction in (2) (c) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; CR 07-102: cr. (4) (c) Register December 2008 No. 636, eff. 1-1-09; EmR1918: emerg. am. (1), (2) (a) to (c), eff. 1-30-19; CR 19-089: am. (1), (2) (a) to (c) Register March 2020 No. 771, eff. 4-1-20.

Wis. Admin. Code § DCF 251.11 Licensing administration {#sec-dcf-251.11 omnilex-key=us-wi-regs-official--agency-dcf--DCF 251.11}

(1) General conditions for approval of license.

(a) A facility that provides care on a regular basis to 13 or more children under the age of 7 years shall be deemed to be providing care for compensation and shall be licensed as a group child care center.

(b) Prior to receiving a license, an applicant for a license under this chapter shall complete all application forms truthfully and accurately and pay all fees and forfeitures due to the department.

(c) The department may refuse to issue or continue a license if another center operated by the licensee is in substantial non-compliance with the licensing rules or has any outstanding fine or forfeitures.

(d) Persons licensed to operate a group child care center shall be responsible, mature individuals who are fit and qualified. In determining whether an applicant is fit and qualified, the department shall consider any history of civil or criminal violations or other offenses substantially related to the care of children by the applicant, owner, manager, representative, employee, center resident or other individual directly or indirectly participating in the operation of the group child care center. A determination of being unfit and unqualified includes substantiated findings of child abuse or neglect under ch. 48, Stats., or substantiated abuse under ch. 50, Stats., or under similar statutes in another state or territory whether or not it results in a criminal charge or conviction.

(e) The department shall issue a group child care license to an applicant within 60 working days after receipt and department approval of a properly completed application, satisfactory department investigation and determination that the applicant is fit and qualified. Continued licensure requires a licensee to remain fit and qualified.

(f) If the department has reason to believe that the physical or mental health of any person associated with the care of children at the center or any household resident of the center might endanger children in care, the department may require that a written statement be submitted by a physician or, if appropriate, by a licensed mental health professional that shall certify the condition of the individual and the possible effect of that condition on the group child care center or the children in care.

(g) The department may deny or revoke the license if the examination specified under par. (f) gives the department reasonable concern for the care of children.

(h) The department may not process an application for a license if the applicant has had a license or certification to operate a child care center revoked or denied within the last 2 years. An applicant is deemed ineligible to submit an application for a license and a licensee may not hire an employee within 2 years from the date an applicant or employee had a child care license revoked or denied.

(i) The department shall consider a licensee who fails to submit any of the materials described in sub. (3) or (4) by the expiration or continuation date of a license to have surrendered his or her license and to no longer hold title to the license. The former licensee may not continue to operate the child care center.

(2) Initial application for a probationary license.

(a) An applicant for a license shall participate in pre-licensing technical assistance towards the completion of the initial licensing study checklist with a representative of the department prior to submitting an application for a license.

Note: 1. Information on how to obtain pre-licensing technical assistance is available from the appropriate Division of Early Care and Education regional office in Appendix A. The department will provide the application form to a license applicant upon completion of the pre-licensing technical assistance.

An initial licensing study checklist includes a list of those licensing rules that must be met before a license can be issued. A copy of the checklist is available from a representative of the department or from the appropriate regional office in Appendix A.

(b) An applicant for a license shall submit an application at least 60 days before the date proposed for the center to begin operating.

The license fee required under s. 48.65 (3) (a), Stats.

a. A background check request form completed by the applicant.

b. If the applicant is a limited liability company, background check request forms completed by all members of the limited liability company.

c. If the center is or will be located in a residence, background check request forms completed by all household members 10 years of age and above.

A statement from a representative of the department that details the results of any pre-licensing technical assistance.
A statement from the applicant that indicates the center is in compliance with all applicable items in this chapter.
A copy of all the policies required under s. DCF 251.04 (2) (h) and a completed copy of the group child care policy checklist provided by the department.

Note: Information on how to obtain a copy of the Group Child Care Policy Checklist is available on the department’s website, http://dcf.wisconsin.gov, or from any regional licensing office in Appendix A.

5g. The articles of incorporation and by-laws if the licensee is organized as a corporation, association or cooperative. If the licensee is a limited liability company, articles of organization and the operating agreement, if applicable, shall be submitted.

5r. A written delegation of administrative authority signed by the licensee. The delegation of administrative authority shall describe the organizational structure of the center and identify by position or name, those persons on the premises who are in charge of the center for all hours of operation.

5u. Results of water tests if the center has a private well.

5x. Results of a vehicle safety inspection if the center will transport children.

Any other materials determined by the department as necessary to complete the department’s licensing investigation.

(d) Upon submission of a complete application, the department shall conduct an investigation to determine whether the applicant is eligible for a license.

(e) If the department determines that the applicant is eligible for a license, the department shall issue a probationary license having a 6-month duration. A probationary license may be renewed for one 6-month period.

(3) Obtaining a regular license.

(a) At least 30 days before the expiration date of a probationary license, an applicant for license renewal shall submit to the department the following materials:

A completed license application.
The license renewal fee under s. 48.65 (3) (a), Stats., applicable fees for child care background checks, and any unpaid forfeiture under s. 48.715 (3) or 49.155 (7m) (a) 3., Stats., and any penalty under s. 48.76, Stats.
Any changes to center policies, if not previously submitted.
Any changes to the delegation of administrative authority if not previously submitted.
Any other materials determined by the department as necessary to complete the department’s licensing investigation.

(b) If the department determines that the applicant has met the minimum requirements for a license under this chapter, and if the applicant has paid the applicable fees under ss. 48.65 and 48.686, Stats., any unpaid forfeiture under s. 48.715 (3) (a) or 49.155 (7m) (a) 3., Stats., and any unpaid penalty under s. 48.76, Stats., the department shall issue a regular license.

(4) Continuing a regular license.

(b) At least 30 days before the continuation review date of the license, an applicant for license renewal shall submit to the department the following materials:

A completed license continuation application.
The license renewal fee under s. 48.65 (3) (a), Stats., applicable fees for child care background checks under s. 48.686, Stats., any unpaid forfeiture under s. 48.715 (3) or 49.155 (7m) (a) 3., Stats., and any unpaid penalty under s. 48.76, Stats.
Any changes to center policies, if not previously submitted.
Any changes to the delegation of administrative authority if not previously submitted.

5g. Results of water tests if the center has a private well.

5r. Results of a vehicle safety inspection if the center will transport children.

Any other materials determined by the department as necessary to complete the department’s licensing investigation.

Note: The department will supply a copy of the form, License Application — Group Child Care Centers, prior to the continuation date of the license.

(c) If the department determines that the applicant has met the minimum requirements for license under this chapter, has paid the applicable fees under ss. 48.65 and 48.686, Stats., any unpaid forfeiture under s. 48.715 (3) (a) or 49.155 (7m) (a) 3., Stats., and any unpaid penalty under s. 48.76, Stats., the department shall continue the license for an additional 2 years.

(5) Amending a license.

(a) A licensee shall submit to the department a written request for an amendment to the license if the licensee wishes to change any of the following aspects of the license:

A change in the licensed capacity of the center.
The age range of the children.
The hours of the center’s operation.
The days of the week the center is in operation.
The months of the year the center is in operation.
The name of the center.

(b) A licensee may not make a change that affects a condition of the license under par. (a) without the prior written approval of the department.

Note: The department’s form, License Application - Group Child Care Centers, is used to apply for a new license. The department will provide an application when notified by the licensee that the center will move to a new location.

(6) Additional license. A licensee applying for a license for an additional center location shall demonstrate compliance with this chapter in the operation of the existing center he or she operates and compliance with rules for any other facility licensed by the department and operated by the licensee. The licensee shall pay any fines, forfeitures or other fees due and owing under s. 48.715, Stats., or s. 48.65, Stats., on other facilities licensed by the department before the department issues an additional license.

(7) License denial or revocation.

(a) The department may deny, revoke or suspend a license, initiate other enforcement actions specified in this chapter or in ch. 48, Stats., or place conditions on a license if the applicant or licensee, a proposed or current employee, a volunteer or any other person having regular contact with the children, has or has been any of the following:

The subject of a pending criminal charge for an action that substantially relates to the care of children or activities of the center.
Convicted of a felony, misdemeanor or other offense or action that substantially relates to the care of children or activities of the center.
Determined to have abused or neglected a child pursuant to s. 48.981, Stats., or has been determined to have committed an offense which substantially relates to the care of children or the activities of the center.
The subject of a substantiated finding of misconduct in the department’s nurse aide registry under s. DHS 129.10.
The subject of a court finding that the person has abandoned his or her child, has inflicted sexual or physical abuse on a child or has neglected or refused, for reasons other than poverty, to provide necessary care, food, clothing, medical or dental care or shelter for his or her child or ward or a child in his or her care so as to seriously endanger the physical health of the child.
Had a child care license or certification revoked or denied within the last 5 years.
Violated any provision of this chapter or ch. 48, Stats., or fails to meet the minimum requirements of this chapter.
Made false statements or withheld information.

Note: Examples of charges and offenses the department will consider in making a determination under this paragraph that an act substantially relates to the care of children are: abuse or neglect of a child; sexual assault; abuse of a resident of a facility; a crime against life and bodily security; kidnapping; abduction; arson of a building or of property other than a building; robbery; receiving stolen property from a child; a crime against sexual morality, such as enticing a minor for immoral purposes or exposing a minor to harmful materials; and interfering with the custody of a child. The list is illustrative. Other types of offenses may be considered.

Note: See DCF 251.03 (11g) for the definition of “fit and qualified.” Examples of charges, actions or offenses the department will consider in making a determination under this paragraph that an act substantially relates to the care of children include the following: abuse or neglect of a child; sexual assault; abuse of a resident of a facility; a crime against life and bodily security; kidnapping; abduction; arson of a building or of property other than a building; robbery; receiving stolen property from a child; a crime against sexual morality, such as enticing a minor for immoral purposes or exposing a minor to harmful materials, interfering with the custody of a child. The list is illustrative. Other types of offenses may be considered.

(8) Effect of notice to deny or revoke a license.

(a)

If the department decides under sub. (7) to deny the grant of a license or to revoke a license, the department shall notify the applicant or licensee in writing of its decision and the reasons for that decision.
If the department revokes a license, the effective date of the revocation shall be either immediately or 30 days after the date of the notice, based on the criteria under s. 48.715 (4m) (a) and (b), Stats., unless the decision is appealed under sub. (10).

(b) Upon receipt of the notice in par. (a) and during any revocation or denial procedures that may result, a group child care center may not accept for care any child not enrolled and in care as of the date of receipt of the notice without written approval of the department.

(9) Summary suspension of a license.

(a) Under the authority of s. 227.51 (3), Stats., the department shall summarily suspend a license and close a group child care center when the department finds that the public health, safety or welfare requires emergency action and incorporates a finding to that effect into its order. A finding of a requirement for summary suspension of the license may be based on any of the following:

Failure of the licensee to provide environmental protections for the children, such as heat, water, electricity or telephone service.
The licensee, an employee, a volunteer or any other person in regular contact with the children in care has been convicted of or has a pending charge for a crime against life or bodily security.
The licensee, an employee, a volunteer or any other person in regular contact with the children in care has been convicted of a felony, misdemeanor or other offense that substantially relates to the care of children or activities of the center or has a pending charge that substantially relates to the care of children or activities of the center.
The licensee, employee, volunteer or any other person in regular contact with the children in care is the subject of a current investigation for alleged child abuse or neglect pursuant to s. 48.981, Stats., or has been determined by a child protective services agency or law enforcement agency to have abused or neglected a child.
The licensee or a person under the supervision of the license has committed an action or has created a condition relating to the operation or maintenance of the child care center that directly threatens the health, safety or welfare of any child under the care of the licensee.

(b) An order summarily suspending a license and closing a group child care center may be a verbal order by a licensing representative of the department. Within 72 hours after the order takes effect, the department shall either permit the reopening of the center or proceed under sub. (7) or (8) to revoke the license. A preliminary hearing shall be conducted by the department of administration’s division of hearings and appeals, within 10 working days after the date of the initial order to close, on the issue of whether the license shall remain suspended during revocation proceedings.

(10) Appeal of decision to deny or revoke a license. Any person aggrieved by the department’s decision to deny a probationary or regular license or to revoke a license may request a hearing on that decision under s. 227.42, Stats. The request for a hearing shall be in writing and submitted to the department of administration’s division of hearings and appeals. The request for a hearing shall be sent to the division of hearings and appeals within 10 days after the date of the notice under sub. (8).

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 (608) 264-9885. A copy of the request should be sent to the appropriate regional licensing office listed in Appendix A.

History

Cr. Register, January, 1997, No. 493, eff. 8-1-97; corrections in (3) (b) 1. b., 4. b., 7., (c) 1. and 2. and (7) (a) 4. made under s. 13.93 (2m) (b) 7., Stats., Register, June, 2001, No. 546; CR 03-052: renum. from HFS 46.12 and r. and recr. Register December 2004 No. 588, eff. 3-1-05; corrections in (2) (c) 5., (7) (a) 4. and (c) made under s. 13.92 (4) (b) 6. and 7., Stats., Register November 2008 No. 635; CR 07-102: am. (1) (i), (2) (c) 2., (7) (a) 2., (9) (a) 5. and (10) (a), cr. (2) (c) 5g., 5r., (3) (a) 5., 6., (4) (b) 5. and 6. Register December 2008 No. 636, eff. 1-1-09; EmR1918: emerg. am. (2) (c) 2., 5., 5g., r. (3) (a) 2., am. (3) (a) 3., (b), (4) (a), (b) 3., r. (4) (b) 2., am. (4) (c), (8) (b), renum. (10) (a) to (10), r. (10) (b) to (d), eff. 1-30-19; CR 19-089: am. (2) (c) 2., 5., 5g., r. (3) (a) 2., am. (3) (a) 3., (b), (4) (a), (b) 3. r. (4) (b) 2., am. (4) (c), (8) (b), renum. (10) (a) to (10), r. (10) (b) to (d) Register March 2020 No. 771, eff. 4-1-20; CR 21-100: r. and recr. (2) (c) 2., cr. (2) (c) 5u., 5x., (4) (b) 5g., 5r., am. (10) Register February 2023 No. 806, eff. 3-1-23; CR 26-010: am. (1) (a) Register July 2026 No. 847, eff. 8-1-26.

Wis. Admin. Code § DCF 251.12 Complaints, inspections and enforcement actions {#sec-dcf-251.12 omnilex-key=us-wi-regs-official--agency-dcf--DCF 251.12}

(1) Complaints.

(a) Anyone having a complaint about a licensed or illegally operating group child care center may submit that complaint to the department by telephone, letter or personal interview. A representative of the department shall investigate every complaint. If requested by the complainant, the department shall provide the complainant a written report of the investigation findings.

Note: A complaint should be sent, phoned or delivered to the appropriate Division of Children and Family Services regional office listed in Appendix A.

(b) The licensee may not discharge an employee because that employee has reported violations of this chapter to the representative of the department.

(2) Inspection. Pursuant to s. 48.73, Stats., the department may visit and inspect any group child care center at any time during licensed hours. A department licensing representative shall have unrestricted access to the premises identified in the license, including access to children in care, staff and child records, and any other materials or individuals with information on the group child care center’s compliance with this chapter.

(3) Enforcement action. The department may order any sanction or impose any penalty on a licensee in accordance with s. 48.686, 48.715, or 48.76, Stats.

History

Cr. Register, January, 1997, No. 493, eff. 8-1-97; CR 03-052: renum. from HFS 46.13 and r. and recr. Register December 2004 No. 588, eff. 3-1-05; CR 14-028: renum. (2) to (2) (a), cr. (2) (b) Register July 2016 No. 727, eff. 8-1-16; EmR1918: emerg. r. and recr. (2), eff. 1-30-19; CR 19-089: r. and recr. (2) Register March 2020 No. 771, eff. 4-1-20; CR 20-003: am. (3) Register July 2020 No. 775, eff. 8-1-20.

Wis. Admin. Code § DCF 251.13 Programs established or contracted for by school boards {#sec-dcf-251.13 omnilex-key=us-wi-regs-official--agency-dcf--DCF 251.13}

(1) A child care program established or contracted for by a school board under s. 120.13 (14), Stats., shall comply with the applicable standards for group child care centers under this chapter.

(2) The department shall annually inspect each child care program established or contracted for by a school board under s. 120.13 (14), Stats., that receives payment under s. 49.155, Stats., for the child care provided, and document in writing whether or not the child care program complies with this chapter.

History

EmR1918: emerg. cr., eff. 1-30-19; CR 19-089: cr. Register March 2020 No. 771, eff. 4-1-20.

Chapter DCF 251 Appendix A Regional Offices of the Division of Early Care and Education

Wis. Admin. Code § Chapter DCF 251 Regional Offices of the Division of Early Care and Education {#sec-chapter-dcf-251 omnilex-key=us-wi-regs-official--agency-dcf--Chapter DCF 251}

See PDF for table

Chapter DCF 252 DAY CAMPS FOR CHILDREN

Wis. Admin. Code § DCF 252.02 Authority and purpose {#sec-dcf-252.02 omnilex-key=us-wi-regs-official--agency-dcf--DCF 252.02}

(1) Authority. This chapter is promulgated under the authority of s. 48.67, Stats., to establish licensing requirements under s. 48.65, Stats., for day camps for children.

(2) Purpose. The purpose of this chapter is to protect and promote the health, safety and welfare of children being cared for in day camps in Wisconsin.

(3) Construction. This chapter shall be liberally construed to effect the objectives in sub. (2).

(4) Exception to a requirement. The department may grant an exception to a requirement of this chapter when it is demonstrated to the satisfaction of the department that granting the exception will not jeopardize the health, safety or welfare of the children served. A request for an exception shall be in writing, shall be sent to the department, and shall include justification for the requested action and an explanation of the alternative provisions planned to meet the intent of the requirement.

Note: A request for an exception to a requirement of this chapter should be sent to the appropriate regional office of the Department’s Division of Early Care and Education. See Appendix A for addresses of those regional offices.

History

Cr. Register, October, 1984, No. 346, eff. 11-1-84; correction in (1) made under s. 13.93 (2m) (b) 7., Stats., Register, August, 1989, No. 404; am. (1), Register, January, 1997, No. 493, eff. 2-1-97; correction in (1) made under s. 13.93 (2m) (b) 7., Stats., Register, July, 1999, No. 523; CR 07-102: am. (1), (2) and (4) Register December 2008 No. 636, eff. 1-1-09; EmR1918: emerg. am. (1), eff. 1-30-19; CR 19-089: am. (1) Register March 2020 No. 771, eff. 4-1-20.

Wis. Admin. Code § DCF 252.03 Included and excluded care arrangements {#sec-dcf-252.03 omnilex-key=us-wi-regs-official--agency-dcf--DCF 252.03}

This chapter applies to all day camps but it does not apply to family child care centers regulated under ch. DCF 250, group child care centers regulated under ch. DCF 251, or any of the following:

Note: Section 48.65, Stats., exempts parents, guardians and certain other relatives; public and parochial (private) schools; persons employed to come to the home of the child’s parent to provide care for less than 24 hours per day; and counties, cities, villages, towns, school districts, and libraries that provide programs for children primarily intended for social or recreational purposes from the requirement for a license.

(1) Group lessons to develop a talent or skill, such as dance or music lessons, social group meetings and activities, and group athletic activities.

(1m) Care and supervision of children in a program, including religious education classes, which operates no more than 4 hours a week.

(2) Care and supervision while the parents are on the premises and are engaged in shopping, recreation or other non-work activities.

(3) Seasonal programs of 10 days or less duration in any 3-month period, including day camps, vacation bible school and holiday child care programs.

(4) Care and supervision in emergency situations.

(5) Care and supervision while the parent is employed on the premises if the parent’s child receives care and supervision for no more than 3 hours a day.

(6) Care and supervision at the site while the parent who is a recipient of temporary assistance to needy families or Wisconsin Works is involved in orientation, enrollment or initial assessment prior to the development of an employability plan.

History

Cr. Register, October, 1984, No. 346, eff. 11-1-84; emerg. am. eff. 4-22-85; am. Register, August, 1985, No. 356, eff. 9-1-85; am. (intro.), Register, August, 1989, No. 404, eff. 9-1-89; am. (intro.), Register, January, 1997, No. 493, eff. 2-1-97; correction in (intro.) made under s. 13.93 (2m) (b) 7., Stats., Register, July, 1999, No. 523; correction in (intro.) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; CR 07-102: am. (intro.) and (1) to (4), cr. (1m) and (6) Register December 2008 No. 636, eff. 1-1-09; correction in (intro.) made under s. 35.17, Stats., Register December 2020 No. 780.

Wis. Admin. Code § DCF 252.04 Definitions {#sec-dcf-252.04 omnilex-key=us-wi-regs-official--agency-dcf--DCF 252.04}

In this subchapter:

(1g) “Abusive head trauma” means a serious type of head injury, including shaken baby syndrome, that is caused by shaking, throwing, hitting, slamming, or jerking.

(1k) “Administrative authority” means a licensee’s decision-making power regarding the day camp.

(1n) “Assistant counselor” means a counselor who works under the direct supervision of a lead counselor.

Note: Form DCF-F-5296, Background Check Request, is available on the department’s website at https://dcf.wisconsin.gov/cclicensing/ccformspubs.

(2) “Base camp” means the permanent or temporary premises, public or private, on which the day camp is operated.

(3) “Camp director” means the individual on the campsite who is responsible for the administration of the camp, including program operations, staff supervision, business operations, food service, health service, and other supportive services.

(3g) “Camp-provided transportation” means transportation provided in a vehicle owned, leased, or contracted for by the camp or transportation provided in volunteer or staff-owned vehicles regardless of whether the drive is reimbursed for the use of the vehicle.

(4) “Care” means providing for the safety and the developmental needs of a child in a day camp.

(4m) “Child care background check” means the requirements in s. 48.686, Stats., and ch. DCF 13.

(5) “Complaint” means an allegation that a provision of this chapter or of ch. 48, Stats., has been violated.

(8) “Counselor” or “camp counselor” means a lead counselor or an assistant counselor who works directly with children.

(9) “Day camp” or “camp” means a program regulated under this chapter that provides care and supervision to 4 or more children 3 years of age and older in a seasonal program oriented to the out-of-doors for periods less than 24 hours a day.

(11) “Department” means the Wisconsin department of children and families.

(11m) “Division” means the department’s division of early care and education.

(12) “Emergency” means unforeseen circumstances that require immediate attention.

(13) “Field trip” means any experience a child has away from the premises of the camp while under the care of camp staff whether the child walks or is transported.

(13m) “Fit and qualified” means displaying the capacity to successfully nurture and care for children and may include consideration of any of the following:

(a) Abuse of alcohol or drugs.

(b) A history of a civil or criminal conviction or administrative rule violation that is substantially related to the care of children, as determined under s. DCF 13.05.

(d) A history of civil or criminal offenses or any other actions that demonstrate an inability to manage financial resources or the activities of a camp.

(14) “Group” means a specific number of children who have a regularly assigned counselor responsible for the children’s well-being and meeting the children’s basic needs.

(15) “Hazard” means a potential source of harm that can jeopardize the health, safety or well-being of children in care.

(15g) “Hours of operation” means the hours within the terms of the license during which children are actually in the care of the camp.

(15m) “In care” means the camp is providing supervision, either on or off the premises, including during camp-provided transportation, for the safety and developmental needs of the child or children.

(16) “Inclement weather” means stormy or severe weather such as any of the following:

(a) Heavy rain.

(b) Temperatures above 90 degrees Fahrenheit.

(16g) “Lead counselor” means a counselor who meets the qualifications under s. DCF 252.42 (2) (d).

(16m) “Licensed hours” means the authorized hours specified on the license certificate and letter of transmittal within which the day camp may provide child care services.

(17) “Licensee” means the corporation, individual, partnership or non-incorporated association or cooperative which has legal and financial responsibility for the operation of a day camp and for meeting the requirements of this chapter.

(18) “Licensing representative” means a department employee responsible for licensing day camps.

(19) “Parent” means either “parent” as defined in s. 48.02 (13), Stats., or “guardian” as defined in s. 48.02 (8), Stats.

(21) “Parochial or private school” means an educational program which meets all the criteria specified under s. 118.165 (1), Stats., or as determined by the superintendent of public instruction under s. 118.167, Stats.

(21g) “Pet” means an animal kept for amusement or companionship.

(21r) “Physical restraint” means the use of physical force to restrict the free movement of all or part of a child’s body.

(22m) “Pre-camp training” means a program developed by the licensee containing the elements specified in s. DCF 252.42 (3) and attended by camp staff prior to the opening of each year’s camp session.

(23) “Premises” means a tract of land on which the camp is located, including all buildings, structures, or shelters on that land.

(23m) “Regularly assigned counselor” means a person who meet the requirements of a counselor under s. DCF 252.42 and who is assigned to a specific group of children.

(24) “Shaken baby syndrome” or “SBS” means a severe form of brain injury that occurs when an infant or young child is shaken or thrown forcibly enough to cause the brain to rebound against his or her skull.

(25) “Supervision of children” means guidance of behavior and activities of children for their health, safety, and well-being by counselors who are close enough to prevent harm and ensure safety.

(26) “Supervision of staff” means guidance of the behavior and activities of camp employees which may include provision of instructions to carry out activities for limited periods of time out of sight or hearing of the supervisor.

(27) “Universal precautions” mean measures taken to prevent transmission of infection from contact with blood or other potentially infectious material, as recommended by the U.S. public health services centers for disease control and adopted by the U.S. occupational safety and health administration (OSHA) as 29 CFR 1910.1030.

(28) “Volunteer” means a person who agrees to give time, with or without reimbursement for expenses, to provide transportation or to work in a day camp.

(29) “Waterfront supervisor” means an adult present in a water activity area during times when children are using the water and who meets the requirements under s. DCF 252.44 (7) (b).

History

Cr. Register, October, 1984, No. 346, eff. 11-1-84; am. (18), r. (24), renum. (25) to (29) to be (24) to (28), Register, August, 1989, No. 404, eff. 9-1-89; correction in (intro.) made under s. 13.93 (2m) (b) 7., Stats., Register, August, 1989, No. 404; am. (4), (12) and (15), r. (6) and (18), Register, January, 1997, No. 493, eff. 2-1-97; corrections in (intro.), (15) and (19) made under s. 13.93 (2m) (b) 7., Stats., Register, July, 1999, No. 523; correction in (12) made under s. 13.93 (2m) (b) 7., Stats., Register December 2004 No. 588; correction in (11) made under s. 13.92 (4) (b) 6., Stats., Register November 2008 No. 635; CR 07-102: r. (1), (7), (10) and (20), am. (2), (3), (8), (9), (11), (13), (14), (17), (23), (25), (26) and (28), cr. (3g), (4m), (11m), (13m), (15m), (18), (21g), (21r), (22m), (23m) and (29), r. and recr. (5), (12), (15), (16), (24) and (27) Register December 2008 No. 636, eff. 1-1-09; corrections in (4m), (13m) (b), (22m), (23m) and (29) made under s. 13.92 (4) (b) 7., Stats., Register December 2008 No. 636; correction in (4m), (13m) (b) made under s. 13.92 (4) (b) 7., Stats., Register September 2016 No. 729; EmR1918: emerg. cr. (1), am. (3g), r. and recr. (4m), (12), am. (13m) (b), (15m), cr. (16m), am. (22m), (25), eff. 1-30-19; CR 19-089: cr. (1), am. (3g), r. and recr. (4m), (12), am. (13m) (b), (15m), cr. (16m), am. (22m), (25) Register March 2020 No. 771, eff. 4-1-20; CR 21-100: renum. (1) to (1r), cr. (1g), (15g), am. (15m) Register February 2023 No. 806, eff. 3-1-23; CR 26-010: cr. (1k), (1n), am. (8), cr. (16g), r. (22) Register July 2026 No. 847, eff. 8-1-26.

Wis. Admin. Code § DCF 252.05 Licensing administration {#sec-dcf-252.05 omnilex-key=us-wi-regs-official--agency-dcf--DCF 252.05}

(1) Licensing procedures.

(a) A person making an inquiry to the department about obtaining a license to operate a day camp shall be provided with all of the following:

A copy of this chapter.
Written procedures on how to obtain a day camp license.

2m. A copy of the background check request form.

An opportunity to meet with a licensing representative to discuss the materials.
The necessary forms if licensing is desired.
Assistance to complete the licensing process by a licensing representative.

Note: A packet of materials, including the Initial License Application – Day Camps for Children, is available from any of the regional offices listed in Appendix A.

(b) An applicant shall submit an application and other materials required for day camp licensure and license continuation on forms provided by the department at least:

Sixty days prior to the date proposed for the camp to begin operating.
Thirty days prior to the end of the current license continuation period.

(c) An applicant for an initial day camp license or a licensee continuing a regular license shall complete all forms truthfully and accurately, pay all fees and forfeitures due to the department, and submit all of the following materials to the department:

A clearly defined statement of purpose as it relates to the provision of child care services.
A signed statement by the applicant or licensee accepting legal responsibility for complying with this chapter.
The articles of incorporation and by-laws if the camp is organized as a corporation, association or cooperative or, if the licensee is a limited liability company, a copy of the articles of organization and the operating agreement, if any.
A signed authorization which permits the department to make whatever investigation it considers necessary for the verification of pertinent application information.
A general description of the camp area, geographic location and size of the base camp or the proposed itinerary of field trips if a program will consist primarily of field trips.
A written delegation of administrative authority signed by the licensee. The delegation of administrative authority shall describe the organizational structure of the camp and identify by position or name those persons on the premises in charge of the camp for all hours of operation.
The name, address, and telephone number of the person to be contacted by the licensing representative for the pre-camp licensing review.
A statement from the state laboratory of hygiene or a state approved laboratory indicating that the water from a private well providing drinking water has been tested and found to be safe.
The license fee required under s. 48.65, Stats., applicable fees for child care background checks under s. 48.686, Stats., any unpaid forfeiture under s. 48.715 (3) or 49.155 (7m) (a) 3., Stats., and any unpaid penalty under s. 48.76, Stats.
For an initial license application, a completed background check request form for the applicant and if the camp will be located in a residence, any household member 10 years of age and above.

Note: The background check request form is used for reporting background information. Information on how to request a background check is available on the department’s website http://dcf.wisconsin.gov.

A statement from the applicant that indicates the camp is in compliance with this chapter.
A copy of all the policies required under s. DCF 252.41 (1) (f) and a completed copy of the day camp policy checklist on a form provided by the department.

Note: Information on how to obtain a copy of the form, Policy Checklist — Day Camp, is available on the department’s website http://dcf.wisconsin.gov, or from any of the regional offices in Appendix A.

The test results from the water on any beach on the premises of the camp that will be used for waterfront activities by the children in care.
A report indicating that any building used primarily for day camp purposes is in compliance with applicable commercial building codes.
Any other materials determined by the department as necessary to complete the department’s licensing investigation.

(d) Upon submission of a complete application, a licensing representative shall conduct an investigation to determine whether the applicant is eligible for a license.

(e) If the department determines that the applicant for an initial license is eligible for a license, the department shall issue a probationary license having a 6-month duration. A probationary license may be renewed for one 6-month period.

(f) If the department determines that an application for an initial license does not comply with the applicable requirements of this chapter or the department’s investigation determines that the applicant is not eligible for a license, the department may deny the application.

(g) A regular license shall be valid indefinitely, unless suspended or revoked by the department or surrendered by the licensee. The department shall review a regular license every 2 years after the date of issuance.

(h) If the department determines that the licensee continuing a regular license has met the minimum requirements for a license under this chapter has paid the applicable fees referred to in ss. 48.65 and 48.686, Stats., any unpaid forfeiture under s. 48.715 (3) (a) or 49.155 (7m) (a) 3., Stats., and any unpaid penalty under s. 48.76, Stats., the department shall continue the license for an additional 2 years.

(i) The department may refuse to issue or continue a license if another child care center or day camp operated by the licensee is in substantial non-compliance with the licensing rules or has any outstanding forfeiture or penalty.

(j) The department may not process an application for a license if the applicant has had a child care license under s. 48.65, Stats., or a child care certification under s. 48.651, Stats., revoked or denied within the last 2 years. No person may submit an application for a licensee and no licensee may hire a person who had a child care license revoked or denied within the previous 2 years.

(k) The department shall consider a licensee who fails to submit any of the materials described in par. (c) by the expiration or continuation date of a license to have surrendered his or her license and to no longer hold title to the license. The former licensee may not continue to operate the day camp.

(2) Amendment to license. A written request for an amendment to the license shall be submitted to the department by the licensee before changes are made in the conditions of the current license such as a change in the licensed capacity of the camp, age range of children, hours, days of the week, months of the year in operation or change in the name of the camp.

(3) Terms of license.

(a) The number of children under 7 years of age in care of the center at any one time may not exceed the number for which the center is licensed.

(b) The age of children served may not be younger or older than the age range specified in the terms of the license.

(4) Additional license. A licensee seeking licensure for an additional day camp or child care center location shall demonstrate compliance with applicable parts of this chapter in the operation of the existing center. The licensee shall pay any fines, forfeitures or other fees due to the department under s. 48.715, Stats., on other facilities licensed by the department before the department issues an additional license.

(5) Condition of licensure. The department may deny a license or may suspend or revoke a license, initiate other enforcement actions specified in this chapter or in ch. 48, Stats., or place conditions on a license if the licensee, applicant or proposed or current employee, volunteer, household member or any other person having regular contact with children is, or has been any of the following:

(a) The subject of a pending criminal charge if the charge substantially relates to the care of children or activities of the camp.

(b) Convicted of a felony, misdemeanor or other offense which substantially relates to the care of children or activities of the camp.

(d) The subject of a court finding that the person has abandoned his or her child, has inflicted sexual or physical abuse on a child or has neglected or refused, for reasons other than poverty, to provide necessary care, food, clothing, medical or dental care or shelter so as to seriously endanger the physical health of a child.

(e) The subject of a substantiated finding of misconduct in the department’s nurse aide registry under s. DHS 129.10.

(f) Had a child care center license, day camp license or certification revoked or denied within the last 5 years.

(g) Violated any provision of this chapter or ch. 48, Stats., or fails to meet the minimum requirements of this chapter.

(h) Made false statements or withheld information.

(6) Summary suspension of a license.

(a) Under the authority of s. 227.51 (3), Stats., the department may order the summary suspension of a license and, therefore, close a day camp when the department finds the public health, safety or welfare requires emergency action and incorporates a finding to that effect into its order. A finding of the requirement for summary suspension of the license may be based on any of the following:

Failure of the licensee to provide environmental protections for the children such as heat, water, electricity or telephone service.
The licensee, an employee, a volunteer, a household member or any other person in regular contact with the children in care has been convicted of or has a pending charge for a crime against life or bodily injury.
The licensee, an employee, a volunteer, a household member or any other person in regular contact with the children in care has been convicted of a felony, misdemeanor or other offense or has a pending criminal charge which substantially relates to the circumstances of caring for children or activities of the camp.
The licensee, an employee, a volunteer, a household member or any other person in regular contact with the children in care is the subject of a current investigation for alleged child abuse or neglect pursuant to s. 48.981, Stats., or has been determined by a child protective services agency or law enforcement agency to have abused or neglected a child.

Note: Examples of actions the department will consider in making determinations under s. DCF 252.05 (5) and (6), are: abuse and neglect of children; sexual assault; abuse of residents of facilities; crimes against life and bodily security; kidnapping; abduction; arson of buildings or property other than buildings; robbery; receiving property from children; crimes against sexual morality, such as enticing a minor for immoral purposes or exposing minors to harmful materials and interfering with the custody of a child. The list is illustrative. It is not all-inclusive of the types of offenses that may be considered.

The licensee or a person under the supervision of the licensee has committed an action or has created a condition relating to the operation or maintenance of the day camp that directly threatens the health, safety or welfare of any child under the care of the licensee.

(b) An initial order summarily suspending the license and closing a day camp may be a verbal order by a licensing representative. The department shall within 72 hours of the closing either permit the reopening of the center or initiate proceedings in accordance with s. 227.51 (3), Stats., for the revocation of the license to operate. A preliminary hearing on the revocation shall be conducted by the department of administration’s division of hearings and appeals within 10 working days after the date of the initial order to close on the issue of whether the license shall remain suspended during revocation proceedings.

(7) License denial or revocation.

(a) The department may deny or revoke a license, initiate other enforcement actions specified under this chapter or under ch. 48, Stats., or place conditions on a license if the applicant or licensee, a proposed or current employee, a volunteer or any other person having regular contact with the children, is any of the following:

The subject of a pending criminal charge for an action that substantially relates to the care of children or activities of the camp.
Convicted of a felony, misdemeanor or other offense that substantially relates to the care of children or activities of the camp.
Determined to have abused or neglected a child pursuant to s. 48.981, Stats., or has been determined to have committed an offense which substantially relates to the care of children or the activities of the camp.
The subject of a substantiated finding of misconduct in the department’s nurse aide registry under s. DHS 129.10.
The subject of a court finding that the person has abandoned his or her child, has inflicted sexual or physical abuse on a child or has neglected or refused, for reasons other than poverty, to provide necessary care, food, clothing, medical or dental care or shelter for his or her child or ward or a child in his or her care so as to seriously endanger the physical health of the child.
Determined to have had a child care center license, day camp license or certification revoked or denied within the last 5 years.
Determined to have violated any provision of this chapter or ch. 48, Stats., or fails to meet the minimum requirements of this chapter.
Determined to have made false statements or withheld information.

Note: See DCF 252.04 (13m) for the definition of fit and qualified. Examples of charges, actions or offenses the department will consider in making a determination under this paragraph that an act substantially relates to the care of children include but are not limited to: abuse or neglect of a child; sexual assault; abuse of a resident of a facility; a crime against life and bodily security; kidnapping; abduction; arson of a building or of property other than a building; robbery; receiving stolen property from a child; a crime against sexual morality, such as enticing a minor for immoral purposes or exposing a minor to harmful materials, interfering with the custody of a child; or civil or criminal actions demonstrating an inability to manage financial resources or activities of the camp. The list is illustrative. Other types of offenses may be considered.

(c) The department may not license a person if the department has received certification pursuant to s. 49.857 (2), Stats., from the department of workforce development that the applicant or licensee has failed to pay court-ordered payments of child or family support or expense related to the support of a child or former spouse or has failed to comply with a subpoena or warrant issued by the department of workforce development or a county child support agency related to paternity or child support proceedings. Notwithstanding s. 48.72, Stats., an action taken under this subsection is subject to review only as provided under s. 49.857, Stats., and not as provided in s. 48.72, Stats.

(d) The department may not license a person if 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. An action taken under this paragraph is subject to review only as provided under s. 73.0301 (5), Stats., and not as provided in s. 48.72, Stats.

(8) Effect of notice to revoke or deny a license.

(a)

If the department decides under sub. (7) to deny a license or to revoke a license, the department shall notify the applicant or licensee in writing of its decision and the reasons for that decision.
If the department revokes a license, the effective date of the revocation shall be either immediately or 30 days after the date of the notice, based on the criteria under s. 48.715 (4m) (a) and (b), Stats., unless the decision is appealed under sub. (9).

(b) Upon receipt of the notice under par. (a) and during any revocation or denial procedures that may result, a day camp may not accept for care any child not enrolled and in care as of the date of receipt of the notice without the written approval of the department.

(9) Appeal of decision to deny or revoke a license. Any person aggrieved by the department’s decision to deny a probationary or regular license or to revoke a license may request a hearing on that decision under s. 227.42, Stats. The request for a hearing shall be in writing and submitted to the department of administration’s division of hearings and appeals. The request for a hearing shall be sent to the division of hearings and appeals within 10 days after the date of the notice under sub. (8).

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 (608) 264-9885. A copy of the request should be sent to the appropriate regional licensing office listed in Appendix A.

(10) General conditions for approval of a license.

(a) Persons licensed to operate a day camp shall be responsible, mature individuals who are fit and qualified. In determining whether an applicant is fit and qualified, the department shall consider any history of civil or criminal violations or other offenses substantially related to care of children by the applicant, owner, manager, representative, employee, camp resident, or other individual directly or indirectly participating in the operation of the day camp. A determination of being unfit and unqualified includes substantiated findings of child abuse or neglect under ch. 48, Stats., or substantiated abuse under ch. 50, Stats., or under similar statutes in another state or territory whether or not it results in a criminal charge or conviction.

(b) The department shall issue a day camp license to an applicant within 60 working days after receipt and department approval of a properly completed application, satisfactory department investigation and determination that the applicant is fit and qualified. Continued licensure requires a licensee to remain fit and qualified.

Note: See DCF 252.04 (13m) for the definition of “fit and qualified.”

(c) A facility that provides care on a regular basis to 4 or more children under the age of 7 years shall be deemed to be providing care for compensation and shall be licensed.

(d) Prior to receiving a license, an applicant for a license under this chapter shall complete all application forms truthfully and accurately and pay all fees and forfeitures due to the department.

(e) The department may refuse to issue or continue a license if another program operated by the licensee is in substantial non-compliance with the licensing rules or has any outstanding fines or forfeitures.

(f) If the department has reason to believe that the physical or mental health of any person associated with the care of children at the camp or any household member of the camp might endanger children in care, the department may require that a written statement be submitted by a physician or, if appropriate, by a licensed mental health professional that shall certify the condition of the individual and the possible effect of that condition on the day camp or children in care.

(g) The department may deny or revoke the license if the examination specified under par. (f) gives the department reasonable concern for the care of children.

(h) The department may not process an application for a license if the applicant has had a license or certification to operate a day camp or child care center revoked or denied within the last 2 years. An applicant is deemed ineligible to submit an application for a license and a licensee may not hire an employee within 2 years from the date an applicant or employee had a child care or day camp license or certification revoked or denied.

(i) The department shall consider a licensee who fails to submit any of the materials described in sub. (1) (c) by the expiration or continuation date of a license to have surrendered his or her license and to no longer hold title to the license. The former licensee may not continue to operate the day camp.

History

Cr. Register, October, 1984, No. 346, eff. 11-1-84; r. (1) and (2) (c) 7., renum. (2) (a) to (c) 6. and 8. and (d) to (h) and (3) to (8) to be (1) (a) to (c) 6. and 8. and (d) to (h) and (2) to (7) and am. (1) (a) (intro.), (b) (intro.), (c) (intro.) and 5. a., Register, August, 1989, No. 404, eff. 9-1-89; CR 07-102: am. (1) (a) (intro.), 1. to 5., (b) (intro.), 1., 2., (c) (intro.), 1. to 4., 6., (d) (intro.), (2), (4), (5) (intro.), (a) to (d), (6) (a) (intro.), 1. to 4. and (b), cr. (1) (a) 2m., (c) 7., 9. to 15., (5) (e) to (h), (6) (a) 5. and (8) to (10), r. (1) (b) 3. to 5., (c) 8. (intro.), b. and (d) 1. to 5., r. and recr. (1) (c) 5., (e) to (h) and (7), renum. (1) (c) 8. a. to be (1) (c) 8. and am. Register December 2008 No. 636, eff. 1-1-09; corrections in (1) (c) 12., (5) (e) and (7) (a) 4. made under s. 13.92 (4) (b) 7., Stats., Register December 2008 No. 636; EmR1918: emerg. am. (1) (a) 2m., (c) (intro.), 3., 9., 10., 12., (g), (h), cr. (1) (i) to (k), am. (8) (b), eff. 1-30-19; CR 19-089: am. (1) (a) 2m., (c) (intro.), 3., 9., 10., 12., (g), (h), cr. (1) (i) to (k), am. (8) (b) Register March 2020 No. 771, eff. 4-1-20; correction in (6) (a) 4. made under s. 35.17, Stats., Register May 2020 No. 773; CR 21-100: am. (9) Register February 2023 No. 806, eff. 3-1-23.

Wis. Admin. Code § DCF 252.06 Complaints, inspections and enforcement actions {#sec-dcf-252.06 omnilex-key=us-wi-regs-official--agency-dcf--DCF 252.06}

(1) Complaints. Anyone having a complaint about a licensed or illegally operating day camp may submit that complaint to the department by telephone, letter, e-mail, fax or personal interview. Every complaint shall be investigated by a licensing representative. A written report of the findings of the investigation shall be sent to the complainant upon request.

Note: A complaint should be sent, phoned or delivered to the appropriate regional licensing office listed in Appendix A.

(2) Inspection. Pursuant to s. 48.73, Stats., the department may visit and inspect any day camp at any time during licensed hours. A department licensing representative shall have unrestricted access to the premises, whether temporary or permanent, which are identified in the license, children in care, staff and child records, and any other materials or individuals with information on the camp’s compliance with this chapter.

(3) Enforcement action. The department may order any sanction or impose any penalty on a licensee in accordance with s. 48.686, 48.715, or 48.76, Stats.

History

Cr. Register, October, 1984, No. 346, eff. 11-1-84; CR 07-102: am. (title), renum. to be (1) and am., cr. (2) and (3) Register December 2008 No. 636, eff. 1-1-09; CR 14-028: renum. (2) to (2) (a), cr. (2) (b) Register July 2016 No. 727, eff. 8-1-16; EmR1918: emerg. r. and recr. (2), am. (3), eff. 1-30-19; CR 19-089: r. and recr. (2), am. (3) Register March 2020 No. 771, eff. 4-1-20; CR 20-003: renum. (2) (a) to (2), r. (2) (b) Register July 2020 No. 775, eff. 8-1-20.

Wis. Admin. Code § DCF 252.07 Non-discrimination, confidentiality, and reporting child abuse or neglect {#sec-dcf-252.07 omnilex-key=us-wi-regs-official--agency-dcf--DCF 252.07}

(1) Discrimination prohibited.

(a) The licensee shall ensure that the day camp does not discriminate in employment against properly qualified individuals in a manner prohibited in ss. 111.31 to 111.395, Stats.

(b) The licensee shall ensure that the day camp does not discriminate against any enrolled child and family or any applicant for enrollment in admission, privilege of enrollment, or discharge condition on the basis of age, race, color, sex, sexual orientation, creed, disability, national origin, or ancestry as provided in s. 106.52, Stats.

(2) Confidentiality of records.

(a) The licensee is responsible for the day camp’s compliance with s. 48.78, Stats., and this subsection.

(b) Persons who have access to children’s records may not discuss or disclose personal or other information about a child or a child’s relatives. This paragraph does not apply to any of the following:

The child’s parent.
Any person, business, school, social services provider, medical provider, or other agency or organization if written parental consent has been given.
An agency authorized under s. 48.78, Stats., to have access to children’s records.

(c) If a parent requests a record or report on the parent’s child, the day camp shall make the record or report accessible to the parent.

(d) All records required by the department for licensing purposes shall be made available to licensing representatives upon request.

(3) Reporting child abuse or neglect.

(a) A licensee, counselor, employee, or volunteer at a day camp who knows or has reasonable cause to suspect that a child who is known or seen by the provider in the course of their professional or volunteer duties has been abused or neglected or who has reason to believe that the child has been threatened with abuse or neglect and that abuse or neglect of the child will occur shall immediately contact the county department of social services under s. 46.22, Stats.; the county department of human services under 46.23, Stats.; or, in a county having a population of 750,000 or more, the department; or a local law enforcement agency, in compliance with s. 48.981 (3) (a), Stats.

(b) The licensee shall ensure that every employee or volunteer who comes in contact with the children at the day camp has received annual pre-camp training in all of the following:

Child abuse and neglect laws;
Identification of children who have been abused or neglected; and
The process for ensuring that known or suspected cases of child abuse or neglect are immediately reported to the proper authorities.

Note: Failure of the licensee to report known or suspected incidents of child abuse or neglect does not lessen the legal duty of the child care worker to report known or suspected cases of child abuse or neglect.

History

Cr. Register, October, 1984, No. 346, eff. 11-1-84; CR 07-102: r. and recr. (1) and (2), am. (3) (b) (intro.) Register December 2008 No. 636, eff. 1-1-09; EmR1918: emerg. am. (title), r. and recr. (2) (b) 1., 2., am. (2) (c), (3) (title), (a), (b) (intro.), 3., eff. 1-30-19; CR 19-089: am. (title), r. and recr. (2) (b) 1., 2., am. (2) (c), (3) (title), (a), (b) (intro.), 3. Register March 2020 No. 771, eff. 4-1-20; CR 26-009: am. (3) (a) Register July 2026 No. 847, eff. 8-1-26; correction in (3) (a) made under s. 35.17, Stats., Register July 2026 No. 847.

Wis. Admin. Code § DCF 252.08 Pets and other animals {#sec-dcf-252.08 omnilex-key=us-wi-regs-official--agency-dcf--DCF 252.08}

(1) Pets that are kept on the premises of a day camp shall be maintained in good health and appropriately vaccinated against rabies. Rabies vaccinations shall be documented with a current certificate from a veterinarian.

(2) A pet that is suspected of being ill, or infested with external lice, fleas, ticks, or internal worms shall be inaccessible to children.

(3) In the event that an animal bites a child, the parent shall be notified and a veterinarian shall be contacted by center personnel to determine a course of action in the diagnosis of possible rabies in the animal. Procedures for emergency care of children shall be followed. Parents shall be notified of any action taken by the veterinarian.

(4) Turtles, skunks, exotic animals, wild animals and poisonous reptiles may not be kept as pets on the premises of the day camp.

(5) Animal pens shall be kept clean.

(6) All contact between pets or animals and children shall be under the supervision of a camp counselor who is close enough to remove the child immediately if the pet or animal shows signs of distress or the child shows signs of treating the pet or animal inappropriately. Pets shall be kept and handled in a manner which protects the well-being of both children and pets.

(7) Pets in rooms used by children shall be confined in cages while food is being prepared or served. Pets, cages and litter boxes are prohibited in kitchens, lunch rooms and other food storage areas. Pet and animal feeding dishes and litter boxes may not be placed in areas accessible to children.

(8) No horses or other livestock may be permanently quartered closer than 500 feet from any building in which the day camp is located.

(9) Pets that pose any risk to the children shall be restricted from the areas used by children.

(10) Procedures to be followed when children have contact with animals, other than pets, while in the care of the camp shall be included in the camp’s health policy.

Note: Service animals used by a person with a disability to assist that person are not considered pets under this rule while they are working as a service animal.

History

Cr. Register, October, 1984, No. 346, eff. 11-1-84; CR 07-102: am. (title), (1), (2), (4), (6) and (8), r. and recr. (7), cr. (9) and (10) Register December 2008 No. 636, eff. 1-1-09; EmR1918: emerg. am. (2), eff. 1-30-19; CR 19-089: am. (2) Register March 2020 No. 771, eff. 4-1-20.

Wis. Admin. Code § DCF 252.09 Transportation {#sec-dcf-252.09 omnilex-key=us-wi-regs-official--agency-dcf--DCF 252.09}

(1) Applicability.

(a) Except as provided in par. (b), this section applies to all transportation of children in care, including both regularly scheduled transportation to and from the camp and field trip transportation, if any of the following apply:

The licensee owns or leases the vehicle used.
The licensee contracts with another individual or organization that owns or leases the vehicle used.
Employees, parents, or volunteers are transporting children at the direction, request, or on behalf of the licensee.

(b) The following requirements do not apply to transportation provided in vehicles owned and driven by parents or volunteers who are not counted in the counselor-to-child ratios in Table DCF 252.425:

The requirement that a licensee obtain a copy of the driver’s driving record under sub. (4) (c).
The requirement to provide evidence that the vehicle is in safe operating condition at 12-month intervals under sub. (5) (b).
The requirements related to child care vehicle safety alarms under sub. (8).

(c) The licensee shall document in their policies that transportation provided through a written or verbal contract with another individual or organization meets the requirements of this section.

(a) The purpose of the transportation and the parent or guardian’s permission to transport the child for that purpose.

(b) An address and telephone number where a parent or other adult can be reached in an emergency.

(d) Written consent from the child’s parent or guardian for emergency medical treatment.

(3) Required information for each trip. The licensee shall ensure that written documentation of all of the following is maintained at the camp and in any vehicle transporting children while the children are being transported:

(a) A list of the children being transported.

(b) A copy of the completed permission and emergency information form under sub. (2) for each child being transported.

(4) Driver.

(b) Before a driver who is not the licensee first transports children the licensee shall provide the driver with a training. The licensee shall review, document, and update the training as necessary with each driver annually. The training shall include all of the following:

The procedure for ensuring that all children are properly restrained in the appropriate child safety seat.
The procedure for loading, unloading, and tracking of children being transported.
The procedure for evacuating the children from a vehicle in an emergency.
Behavior management techniques for use with children being transported.
A review of this section and the applicable statutes under s. 347.48, Stats.
A review of applicable camp policies.
First aid procedures.
A review of child abuse and neglect laws and center reporting procedures.
Information on any special needs a child being transported may have and the plan for how those needs will be met.
A review of the use of the vehicle alarm, if applicable.
Any other job responsibilities as determined by the licensee.

(c)

Prior to the day a driver first transports children in care and annually thereafter, the licensee shall obtain a copy of the driving record for each driver and place the record in the staff file. The licensee shall review each driving record to ensure that the driver has no accidents or traffic violations that would indicate that having children ride with the driver could pose a threat to the children.
In determining whether a driver may pose a threat to the children, the licensee shall consider the totality of the driver’s record, any other relevant facts, and all of the following factors in combination:

a. The seriousness of any accidents or violations.

b. How much time has passed since an accident or violation occurred.

c. The number of accidents or violations.

d. The likelihood that a similar incident will occur.

A driver whose driving record indicates that the driver poses a threat to the children may not transport children.

Note: Information on how to obtain driving records may be obtained by contacting the department of transportation at (608) 261-2566 or https://wisconsindot.gov/Pages/dmv/license-drvs/susp-or-rvkd/point-system.aspx.

(d)

Except as provided in subd. 2., a driver of a vehicle that is transporting children in care may not use a cellular phone or other wireless telecommunication device while loading, unloading, or transporting children except when the vehicle is out of traffic, not in operation, and any of the following applies:

a. The phone or device is used to call 911.

b. The phone or device is used to communicate with emergency responders.

c. The phone or device is used to communicate with the camp regarding an emergency situation.

A navigation device may be used during transportation of children if the device is programmed to a destination when the vehicle is out of traffic and not in operation.

(5) Vehicle.

(a) The licensee shall ensure that each vehicle that is used to transport children is all of the following:

Registered with the Wisconsin department of transportation or the appropriate authority in another state.
Clean, uncluttered, and free of obstruction on the floors, aisles, and seats.
In safe operating condition.

(b) At 12-month intervals, the licensee shall provide the department with evidence of a vehicle’s safe operating condition on a form provided by the department.

Note: The department’s form, Vehicle Safety Inspection, is used to record evidence of the vehicle’s safe operating condition. Forms are available on the department’s website, https://dcf.wisconsin.gov/cclicensing/ccformspubs.

(d) Hired or contracted school buses used to transport children shall be in compliance with ch. Trans 300.

(6) Seat belts and child safety restraints.

(a) No person may transport a child under 8 years of age in a motor vehicle, unless the child is restrained in a child safety restraint system that is appropriate to the child’s age and size and in accordance with s. 347.48, Stats., and ch. Trans 310.

Note: For further information on child safety restraints, see https://wisconsindot.gov/Pages/safety/education/child-safety/default.aspx.

(b)

Each child who is not required to be in an individual child car safety seat or booster seat when being transported under par. (a) shall be properly restrained by a seat belt in accordance with s. 347.48, Stats., and ch. Trans 315.
Each adult in the vehicle shall be properly restrained by a seat belt in accordance with s. 347.48, Stats., and ch. Trans 315.
Seat belts may not be shared.

(c) Children transported in school buses or vehicles built to school bus standards shall be properly seated according to the manufacturer’s specifications.

(d) Children under 13 years of age who are in the care of the camp may not ride in the front seat of a vehicle.

(7) Vehicle capacity and supervision.

(a) The camp shall be responsible for a child from the time the child is placed in a vehicle until the child reaches his or her destination and is released to a person responsible for the child. A parent of a school age child may authorize a child to enter a building unescorted.

Note: The form, Transportation Permission - Child Care Centers, may be used to designate an adult to receive a child being transported. Forms are available on the department’s website, https://dcf.wisconsin.gov/cclicensing/ccformspubs.

(b) Children may not be left unattended in a vehicle.

(c) When children are transported in a vehicle, there shall be at least one adult supervisor in addition to the driver whenever there are more than 3 children who have a disability that limits their ability to respond to an emergency.

(d) The licensee shall develop and implement a procedure to ensure that all children exit the vehicle after being transported to a destination.

(e) No child may be in a vehicle for transport to or from the camp, a field trip, or other camp activity for more than 60 minutes each direction.

(8) Child care vehicle safety alarm.

(a) A vehicle shall be equipped with a child safety alarm that prompts the driver to inspect the vehicle for children before exiting if all of the following conditions apply:

The vehicle is owned or leased by a licensee or a contractor of a licensee.
The vehicle has a seating capacity of 6 or more passengers plus the driver. The seating capacity of the vehicle shall be determined by the manufacturer.
The vehicle is used to transport children in care.

(b) No person may shut off a child safety alarm unless the driver first inspects the vehicle to ensure that no child is left unattended in the vehicle.

(c) The child safety alarm shall be in good working order each time the vehicle is used for transporting children to or from a center.

Note: Information on the required vehicle safety alarm is available in the “child care licensing/information for providers” section of the department website at http://dcf.wisconsin.gov.

History

Cr. Register, October, 1984, No. 346, eff. 11-1-84; correction in (1) (h) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; CR 07-102: am. (intro.), (1) (a), (e), (f) (intro.), 2., (g), (2) (a), (c), (3) (a) to (c), (f), (4) (b) and (e), r. (1) (b), (2) (b) 1. and 2., renum. (1) (c), (h), (2) (b) (intro.) and (3) (g) to be (1) (c) 1., (h) (intro.), (2) (b) and (3) (g) 1. and am., cr. (1) (c) 2., (h) 1. to 3., (3) (g) 2. and 3., r. and recr. (4) (f), (h) and (i) Register December 2008 No. 636, eff. 1-1-09; CR 14-028: cr. (5) Register July 2016 No. 727, eff. 8-1-16; EmR1918: emerg. r. and recr., eff. 1-30-19; CR 19-089: r. and recr. Register March 2020 No. 771, eff. 4-1-20; correction in (4) (b) (intro.), 5., (7) (a) made under s. 35.17, Stats., Register March 2020 No. 771; correction in (6) (a), (b) 1., 2. made under s. 35.17, Stats., Register February 2023 No. 806.

Wis. Admin. Code § DCF 252.40 Scope {#sec-dcf-252.40 omnilex-key=us-wi-regs-official--agency-dcf--DCF 252.40}

Sections DCF 252.40 to 252.44 apply to all licensed day camps for children.

History

Cr. Register, October, 1984, No. 346, eff. 11-1-84; correction made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635.

Wis. Admin. Code § DCF 252.41 Operational requirements for day camps {#sec-dcf-252.41 omnilex-key=us-wi-regs-official--agency-dcf--DCF 252.41}

(1) Administration. The licensee shall do all of the following:

(a) Comply with all laws governing the camp and its operation.

(b) Comply with all requirements in this chapter.

(bm) Ensure that all information provided to the department is current and accurate.

(br) Comply with all conditions placed on the license.

(c) Designate, in writing, as part of the application under s. DCF 252.05 (1), a Wisconsin resident who is responsible on behalf of the licensee for ensuring compliance with all requirements in this chapter, if the licensee resides in another state.

(d) Meet, upon request, with the licensing representative on matters pertaining to licensing.

(e) Provide documentation of insurance coverage by the submission of a certificate of insurance reflecting current dates of coverage for:

General liability insurance which provides coverage with limits of not less than $25,000 for each person and total limits of $75,000 for each occurrence.
Vehicle liability insurance, when transportation is provided, with minimums no less than those specified in s. 121.53, Stats.
Vehicle liability insurance for non-owned vehicles with minimums not less than the amounts specified under s. 121.53, Stats., if transportation is provided in vehicles that are not owned by the camp and are not public transportation vehicles or chartered vehicles.
Specific adventure-based activities identified in s. DCF 252.44 (13) when offered as part of the camp program.

(f) Develop, submit to the department, and implement written policies and procedures consistent with this chapter on all of the following subjects:

Discharge of enrolled children.
Fee payments and refunds.
Personnel policies including job descriptions, hours of work, lunch and break times, holidays, vacations, sick leaves, leaves of absence, probationary periods, performance evaluations, grievance procedures and the disciplinary process. The personnel policy shall also contain a procedure requiring staff to notify the licensee and the licensee to notify the department as soon as possible but no later than the next working day when any of the following occurs:

a. The employee has been convicted of a crime.

c. The employee has a governmental finding substantiated against them of abuse or neglect of a child or adult or of misappropriation of a client’s property.

d. When a professional license held by a provider has been denied, revoked, restricted or otherwise limited.

Admission, including a procedure to contact a parent if a child is absent from the camp without prior notification from the parent.
Program objectives and a description of activities designed to carry out the program objectives.
Transportation, if children may be transported to and from the camp or for field trips. The policy shall include a procedure to ensure that no child has been left unattended in a vehicle.
Plans to be followed in the event of a fire, tornado, missing child, or other emergency. If an open-sided shelter is used as a base camp, the plan shall identify the location of a designated tornado shelter and the procedure to ensure the camp receives information about tornado watches or warnings. The plan shall include a procedure to ensure that children reach the tornado shelter in a timely fashion.
The plan for supervising children during water activities and waterfront activities, including emergency procedures to be carried out if a child participating in water activities cannot be found.
The plan for providing pre-camp training to staff.
Child guidance, including ways to manage crying, fussing, or distraught children.
Health, including procedures to be followed when there is contact with animals.
Nutrition.
Continuing education for staff.

(i) Ensure that all published statements such as brochures and publicity are accurate.

(k) Post the day camp license at the base camp in an area visible to parents and the public.

(L)

Post next to the day camp license all of the following:

a. The current licensing statement of compliance or a noncompliance statement and correction plan, including rule violations the department has not verified as corrected and in compliance.

b. Any notice from the department regarding rule violations, such as a warning letter or enforcement action.

c. Any stipulations, conditions, temporary closures, exceptions, or exemptions that affect the license.

All items posted as required under this paragraph shall be visible to parents.

(m) Ensure that any action, by commission or omission, or any condition or occurrence relating to the operation or maintenance of the day camp does not adversely affect the health, safety or welfare of any child under the care of the licensee.

(n) Submit to the department by the department’s next business day a completed background check request form for any of the following:

There is a change in the board president or chairperson.
A corporation or limited liability company designates a new person to be subject to the child care background check.
A household member turns 18 years of age, unless the household member has previously submitted a background check request form.
A household member turns 10 years of age.

(o) Submit to the department a completed background check request form for each potential household member prior to the date on which the individual becomes a household member, unless the person is less than 10 years of age.

(p) Submit a current delegation of administrative authority signed by the licensee that describes the organizational structure of the camp. The delegation of administrative authority shall identify by position or name those persons that will be on the premises and in charge of the camp for all hours of operation.

(2) Reports. The licensee shall report all of the following to the department via fax, email, or letter or via telephone with a follow-up written report to the appropriate regional licensing office within 5 business days:

(a) Any accident or incident that occurs while the child is in the care of the camp that results in professional medical evaluation, within 24 hours of the licensee becoming aware of the medical evaluation.

Note: The licensee may use either the department’s form, Incident Report – Regulated Child Care, or the licensee’s own form to report accidents. Information on how to obtain forms is available from the department’s website, http://dcf.wisconsin.gov, or any regional licensing office in Appendix A.

(am) Any death of a child in care, within 24 hours after the death.

(ar) Any injury caused by an animal to a child in care, within 24 hours after the incident.

(b) Any damage to the base camp that may affect compliance with this chapter, or any incident at the base camp that results in the loss of utility services, within 24 hours after the occurrence.

(d) A change of the day camp director, within 7 days after the change.

(e) Statistical data required by the department on forms provided by the department.

(f) Any known convictions, pending charges, or other offenses of the licensee, day camp employees, or other persons subject to a child care background check which could potentially relate to the care of children at the camp or the activities of the camp by the department’s next business day.

(g) Any suspected abuse or neglect of a child by a staff member that was reported under s. DCF 252.07 (3) (a), including any incident that results in a child being forcefully shaken or thrown against a surface, hard or soft, by a staff member during the child’s hours of attendance, within 24 hours after the occurrence.

(gm) Any prohibited actions specified in s. DCF 252.44 (2) (c) by a staff member to a child during the child’s hours of attendance, within 24 hours after the incident.

(h) Any incident involving law enforcement within 24 hours after the occurrence in which any of the following occurs:

A licensee, a household member or an employee of the camp is involved in an incident that causes, or threatens to cause, physical or serious emotional harm to an individual, including a child in the care of the camp.
A person responsible for transporting children is involved in a traffic-related incident.

(i) Any change in room usage in the base camp, such as using rooms or areas not previously approved for use by children at least 20 working days prior to the change. Changes in room usage shall be approved by the department prior to the change.

(j) Any incident related to a child who leaves the premises of the camp without the knowledge of a counselor or any incident which results in a counselor not knowing the whereabouts of a child in attendance at the camp within 24 hours after the occurrence.

(k) If requested by the department, a plan of correction for cited violations of this chapter or ch. 48, Stats., in a format specified by the department. The department shall receive the plan of correction by the date the department specifies and the plan shall be approved by the department licensing representative.

Note: The licensing representative will notify the licensee if a plan of correction is required and provide the plan of correction format with the notification.

(L) Any construction or remodeling on the premises that has the potential to affect an area accessible to children or a condition of the license. Notification shall be in writing before the construction or remodeling begins.

Note: It is recommended that the licensee check with the local municipality to determine whether a building permit is required before beginning any construction or remodeling.

(m) Any confirmed case of a communicable disease reportable under ch. DHS 145 in a child enrolled at the day camp or any person in contact with children at the camp, within 24 hours after the camp is notified of the diagnosis. The licensee shall also notify the local health department within 24 hours after the camp is notified of the diagnosis.

(n) Any change in meal preparation arrangements, at least 5 calendar days prior to the change. Camps adding meal preparation after an initial license has been issued shall document compliance with building codes related to kitchens before beginning to prepare meals.

(o) Any change in transportation services, at least 5 calendar days prior to the change.

(p) Expected temporary closures lasting more than 2 weeks, at least 5 calendar days before the closure.

(q) Unexpected closures lasting more than 2 weeks, within 24 hours after the camp has been closed for a 2-week period.

(r) Any change in swimming or water activities, boating, firearms and archery, horseback riding, or adventure-based activities, at least 20 working days prior to the change.

(4) Children’s records files.

(a) The licensee shall create and maintain at the camp a current written record for each child before the child’s first day of attendance or subsequent re-enrollment. The licensee shall make the record available to the licensing representative. Each child’s file shall include all of the following:

Enrollment information consisting of all of the following:

a. The name and birthdate of the child.

b. Names and contact information for the child’s parents.

c. The child’s home address and telephone number.

d. Address and telephone number where a parent can be reached while the child is in care.

e. Name, address, telephone number and relationship to the child of the person to be notified in an emergency, when a parent cannot be reach immediately.

f. Names, address and telephone number of the physician or medical facility caring for the child.

g. Names, addresses and telephone numbers of persons authorized to pick-up the child or to accept the child who is dropped off.

h. Dates of camp session in which the child is enrolled.

Consent from the parent for emergency medical care or treatment;

Note: The licensee may use either the department’s form, Child Care Enrollment, or the licensee’s own form to obtain consent of the child’s parent for emergency medical treatment. Information on how to obtain forms is available from the department’s website, http://dcf.wisconsin.gov, or any regional licensing office in Appendix A.

Authorization from the parent for the child to participate in field trips and other off-premises activities, if these are part of the camp program.

Note: The licensee may use either the department’s forms Field Trip or Other Activity Permission /Notification — Child Care Centers and Child Care Enrollment or the licensee’s own form for securing parental information. Forms are available on the department’s website at https://dcf.wisconsin.gov/cclicensing/ccformspubs.

Specific written informed consent from the parent for each incident of participation by a child in any research or testing project. The day camp shall obtain and make available to the department and to the parent a statement indicating the sponsor, the subject matter, the specific purpose and the proposed use of results with respect to each project.

Note: The licensee may use either the department’s form, Informed Consent for Observation or Testing by an Outside Agency — Child Care Centers, or the licensee’s own form for securing the parent’s written consent. Information on how to obtain forms is available from the department’s website, http://dcf.wisconsin.gov, or any regional licensing office in Appendix A.

Health history information that includes all the following:

a. The name and birthdate of the child.

b. The full names of the child’s parents.

c. A telephone number where the parent can be reached while the child is in care.

d. The name, address, and telephone number of the physician or medical facility caring for the child.

f. If the child has a medical condition, triggers that may cause a problem, signs or symptoms for the counselor to watch for, steps a counselor should follow, when to call a parent regarding symptoms, when the condition requires emergency medical care, and identification of all counselors who have received specialized training or instructions to help treat symptoms.

Note: The licensee may use the department’s form DCF-F-CFS2345, Health History and Emergency Care Plan, or the licensee’s own form for obtaining the information.

6m. Documentation of each child’s immunization history that indicates compliance with s. 252.04, Stats., and ch. DHS 144.

Authorization from the parent outlining the plan for a child to come to the camp from school, home or other activities and to go from the camp to school, home or other activities unless the child is accompanied by a parent or other authorized pick-up person.

Note: The licensee may use either the department’s form, Alternate Arrival/Release Agreement — Child Care Centers, or the licensee’s own form for securing the parent’s signed agreement. Information on how to obtain forms is available from the department’s website, http://dcf.wisconsin.gov, or any regional licensing office in Appendix A.

Assessment of the child’s swimming ability, if swimming is included in the program of activities.

Note: Either parents or the camp may assess the child’s swimming ability.

(c) The licensee shall maintain a current, accurate, written record of the daily attendance and birthdate for each child enrolled in the program. If the hours of arrival and departure of the children vary, the actual time of arrival and departure for each child shall be recorded. Each record shall be maintained as long as the child is enrolled in the program.

Note: The department form, Daily Attendance Record — Child Care, may be used to document a child’s daily attendance. Information on how to obtain the department’s form is available from the department’s website, http://dcf.wisconsin.gov, or any regional licensing office in Appendix A.

(5) Parents.

(a) The camp director shall notify the parents of a child in care immediately and shall provide sufficient detail to apprise the parent if any of the following occurs:

The child becomes ill.
The child needs professional evaluation of an injury.
The child experiences a head injury, has a seizure, consumes incorrect breastmilk, consumes food or drink that may contain the child’s allergen, consumes or comes in contact with poisonous materials, or is given incorrect medication. For purposes of this subdivision, a “head injury” means a bump, blow, or jolt to the head.
The child’s whereabouts are unknown.
The child was subject to child guidance that is prohibited under s. DCF 252.44 (2) (c) and (d).

(b) If a child in care has been exposed to a confirmed case of a communicable disease reportable under ch. DHS 145 and transmitted through normal contact, the camp director shall notify the child’s parents when the information becomes known to the camp.

(c) If a child in care has sustained a minor injury that does not appear to require professional medical evaluation, the camp director shall notify the child’s parents when the child is picked up at the camp or delivered to the parent or other authorized person.

(d) The camp shall notify the parents of any religious training that is part of the camp program. The reference to the religious component shall be included in any publicity and program objectives and activities.

(e) A copy of this chapter shall be posted or made available in an area of the camp where parents are likely to see it.

(f) A copy of the child care policies of the camp shall be made available to the parents in an area of the camp accessible to parents. Personnel policies do not need to be available to parents.

History

Cr. Register, October, 1984, No. 346, eff. 11-1-84; correction in (3) (a) 1. made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; CR 07-102: am. (1) (intro.), (b) to (d), (e) 1. to 3., (f) (intro.), (g) 2., (i), (2) (intro.), (b), (d), (3) (a) (intro.), 1., 2., (4) (title), (a) (intro.), 1. a. to h. and 6., r. and recr. (1) (a), (f) 1. to 3., (g) (intro.), 1., 3. to 6., (2) (a), (4) (a) 7. and (b), cr. (1) (e) 4., (f) 3. a. to d., (g) 7. to 9., (k) to (p), (2) (f) to (L), (3) (a) 3. to 6., (c), (4) (a) 8., (c) and (5), r. (2) (c) Register December 2008 No. 636, eff. 1-1-09; corrections in (1) (c), (e) 4., (2) (g), (3) (a) 4. and (5) (a) 1. made under s. 13.92 (4) (b) 7., Stats., Register December 2008 No. 636; correction in (3) (a) 4. made under s. 13.92 (4) (b) 7., Stats., Register September 2016 No. 729; EmR1918: emerg. cr. (1) (bm), (br), am. (1) (f) (intro.), cr. (1) (f) 4. to 12., r. (1) (g), (h), (j), r. and recr. (1) (L), (n) to (p), am. (2) (intro.), (a), cr. (2) (am), (ar), am. (2) (b), (g), cr. (2) (gm), (m) to (o), r. (3), am. (4) (a) (intro.), 1. (intro.), r. (4) (a) 3., am. (4) (a) 4., 5., cr. (4) (a) 6m., r. (4) (b), r. and recr. (5), eff. 1-30-19; CR 19-089: cr. (1) (bm), (br), am. (1) (f) (intro.), cr. (1) (f) 4. to 12., r. (1) (g), (h), (j), r. and recr. (1) (L), (n) to (p), am. (2) (intro.), (a), cr. (2) (am), (ar), am. (2) (b), (g), cr. (2) (gm), (m) to (o), r. (3), am. (4) (a) (intro.), 1. (intro.), r. (4) (a) 3., am. (4) (a) 4., 5., cr. (4) (a) 6m., r. (4) (b), r. and recr. (5) Register March 2020 No. 771, eff. 4-1-20; CR 21-100: r. and recr. (1) (e) 3., am. (2) (f), cr. (2) (p) to (r), r. and recr. (4) (a) 6., am. (5) (a) (intro.), 4., cr. (5) (a) 5. Register February 2023 No. 806, eff. 3-1-23; CR 26-009: cr. (1) (f) 13. Register July 2026 No. 847, eff. 8-1-26.

Wis. Admin. Code § DCF 252.42 Personnel {#sec-dcf-252.42 omnilex-key=us-wi-regs-official--agency-dcf--DCF 252.42}

(1) Staff records.

(a) The licensee shall maintain a file on each employee and contracted employee that shall be available for examination by the licensing representative. Each employee’s file shall include all of the following:

The employee’s name, address, date of birth, education, position, previous experience in child care including the reason for leaving previous positions, and the name, address, and telephone numbers of persons to be notified in an emergency.

Note: The licensee may use the department’s form, Staff Record - Child Care Centers, or the licensee’s own form for recording staff information. The form is available on the department’s website at https://dcf.wisconsin.gov/cclicensing/ccformspubs.

Documentation of any pertinent certification or training required for the position, including department-approved training in abusive head trauma, and appropriate ways to manage crying, fussing, or distraught children prior to beginning to work with children in care, if the person will provide care to children under 5 years of age.
Documentation from the department, either paper or electronic, that indicates a child care background check was completed in compliance with the timelines and requirements specified in s. 48.686, Stats., and ch. DCF 13 and the person is eligible to work in a child care program.

Note: Information on child care background checks is available on the department’s website, https://dcf.wisconsin.gov/ccbgcheck.

Documentation of successful completion of pre-camp training.

Note: The licensee may use the department’s form, Pre-camp Training Documentation - Day Camps, or the licensee’s own form to document the successful completion of pre-camp training. The form is available on the department’s website at https://dcf.wisconsin.gov/cclicensing/ccformspubs.

Documentation of the days and hours worked when the person was included in the counselor-to-child ratio.
Documentation of a high school diploma or its equivalent as determined by the Wisconsin department of public instruction.
Documentation of compliance with continuing education requirements under sub. (3m).

(b) The licensee shall maintain a listing at the base camp of the name, address, and telephone number of the person to be notified in the event of an emergency involving an employee.

(c) The licensee shall maintain a staff record that meets the requirements specified in par. (a) 1. to 6. for each student teacher or person who works at the camp and is compensated from sources other than the camp.

(2) Camp staff.

(a) Camp staff members, including the camp director, counselors, and volunteers, shall be physically, mentally, and emotionally able to provide responsible care for all children, including children with disabilities.

(b)

Each day camp shall have a person designated as camp director. The camp director shall be responsible for the administration of the camp, including program operations, staff supervision, business operations, food service, health service, and other supportive services.
A camp director shall be at least 21 years of age and shall have at least one of the following:

a. The Wisconsin Afterschool and Youth Development Credential.

b. A bachelor’s degree in outdoor education, recreation, coaching, juvenile justice, social work, psychology, child development, or education, or another camp-related field.

c. Two or more years of supervisory or administrative experience in an organized camp or children’s program.

(d) A lead counselor shall meet the following conditions:

Be at least 18 years of age.
Have a high school diploma or the equivalent, as determined by the department of public instruction.

(dm) An assistant counselor shall meet the following conditions:

Be at least 16 years of age.
Work under the supervision of a lead counselor with a group of children.

(e) In the absence of a regular staff member, there shall be a similarly qualified staff member or substitute to replace the absent staff member.

(3) Staff training.

(a) Each day camp shall develop a written pre-camp training plan. A copy of the plan shall be submitted to the department and implemented. The plan shall include all of the following:

A review of the applicable parts of this chapter.
A review of camp policies and procedures, as required under s. DCF 252.41 (1) (f).
Job responsibilities in relation to job descriptions.
Training in the recognition of childhood illnesses and infectious disease control, including handwashing procedures and universal precautions for handling bodily fluids.

Note: A copy of the universal precautions may be obtained from the Child Care Information Center by calling 800-362-7353 or from the Occupational Health Section, Bureau of Public Health, Department of Health Services, 1 W. Wilson St. Madison, WI 53703.

Daily activity plans and schedules.
First aid procedures.
A review of plans required under ss. DCF 252.41 (1) (f) 7. and 8. and 252.43 (2), including the plans for a missing child, fire, or tornado, and for supervision when children are swimming, if applicable.
The procedure for ensuring that camp counselors know the children assigned to their care and their whereabouts at all times.
Training in the use of fire extinguishers and recognition of local poisonous plants, snakes, and other potential hazards on the premises, such as vehicular traffic, and procedures to be followed to protect the children from these hazards.
A review of child abuse and neglect laws and the camp reporting procedures under s. DCF 252.07 (3).
Information on the care of children with disabilities enrolled in the camp and the procedure for sharing information related to a child’s special health care needs, including any physical, emotional, social, or cognitive disabilities with any person who may be assigned to care for that child throughout the day.
Child management techniques.
For any person who will be providing care and supervision to children under 5 years of age, department-approved training in shaken baby syndrome and abusive head trauma and appropriate ways to manage crying, fussing, or distraught children.

(b) All counselors and volunteers who are counted in determining the counselor-to-child ratio shall receive pre-camp training. The pre-camp training shall be for a minimum of 24 hours and shall include orientation at the base camp.

(c) Volunteers who are not counted as counselors for meeting the required counselor-to-child ratio are exempt from the 24-hour pre-camp training if all of the following conditions are met:

The volunteer receives at least 4 hours of training in day camp programming, as required under par. (a), including orientation at the base camp.
The volunteer works under the supervision of a lead counselor who has met the training requirements specified in par. (b).

(d) The camp director shall plan and implement monthly staff meetings that provide ongoing supervision and in-service training for the staff.

(e) All camp staff in regular contact with the children, including the camp director and each counselor, shall obtain and maintain a current certificate of completion for child and adult cardiopulmonary resuscitation (CPR), including department-approved training in the use of an automatic external defibrillator prior to working with children in care. The CPR training may be included in pre-camp training.

(em) All camp staff in regular contact with children, including the camp director and each counselor, shall complete a training in pediatric first aid procedures prior to working with children in care. The pediatric first aid may be included in pre-camp training.

(f) The camp director shall coordinate the volunteer program and keep on file documentation of the days and hours worked for volunteers who are included for meeting the required counselor-to-child ratio.

(3m) Continuing education.

(a) Except as provided in par. (b), each camp director and camp counselor shall participate in at least 8 hours of continuing education annually.

(b) Notwithstanding par. (a), each camp director and camp counselor who works fewer than 8 months per year shall participate in the equivalent of at least one hour of continuing education per month of employment as a camp director or camp counselor.

(c) Any continuing education hours or courses for credit completed that exceed the annual requirement for the year may be used to meet the annual requirement in the 2 years following completion.

(d) The types of trainings acceptable to meet continuing education requirements shall be any of the following:

Formal courses resulting in credits or continuing education units.
Workshops, conferences, seminars, lectures, correspondence courses, and home study courses.
Trainings offered by the day camp by guest or staff trainers.
Documented observation time in other early childhood programs.
Web-based training.
Independent reading.
Viewing educational materials, including videos, lesson plans, and websites.
For participants in the YoungStar program, technical assistance under s. 48.659, Stats.

(e) Continuing education may be in any of the following topics:

Prevention and control of infectious diseases.
Medication administration.
Prevention of and response to emergencies due to food and allergic reactions.
Identification of and protection from hazards.
Building and physical premises safety.
Emergency preparedness and response planning.
Handling and storage of hazardous materials.
Handling and disposing of biocontaminants.
Child growth and development.
Caring for children with disabilities.
Guiding children’s behavior.
Nutrition.
Physical activity.
Transportation and safety.
Identification and reporting of suspected child abuse or neglect.
Cardiopulmonary resuscitation.
First aid.
Business operations.
Any other topic that promotes child development or protects children’s health or safety.

(f) Each camp director or camp counselor shall have documentation of their 12-month period for meeting the annual continuing education requirements and begin a new training year in the same month each year.

(4) Health.

(a) No licensee, employee, volunteer, visitor, or parent with symptoms of a communicable disease reportable under ch. DHS 145 or a serious illness that presents a safety or health risk to children may be in contact with the children in care.

(b)

No licensee, employee, volunteer, visitor, or parent whose behavior gives reasonable concern for the safety of the children may be in contact with the children in care.
The department may require a licensee, employee or other person in contact with the children in care whose behavior gives reasonable concern for the safety of children to submit to an examination by a licensed mental health professional as a condition of licensure or employment.

(c) No person with a health history of typhoid, paratyphoid, dysentery, or other diarrheal disease may work in a camp until it is determined by appropriate tests that the person is not a carrier of the disease.

History

Cr. Register, October, 1984, No. 346, eff. 11-1-84; CR 04-040: cr. (2) (a) 11. Register December 2004 No. 588, eff. 1-1-05; correction in (2) (a) 7. made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; CR 07-102: am. (1) (a), (c), (d), (2) (a) (intro.), 1. to 4., (b), (c) (intro.), 1., 2., (d), (3) (title), (a), (b), (d), (e) and (4) (title), r. and recr. (2) (a) 7. to 11., (3) (c) and (f), cr. (2) (a) 12., 13., (e) to (g), (3) (g) to (k), (4) (b), (c) and Table, renum. (4) to be (4) (a) and am. Register December 2008 No. 636, eff. 1-1-09; corrections in (2) (a) 2., 7., (3) (b), (f), (k), (4) (a) and Table made under s. 13.92 (4) (b) 7., Stats., Register December 2008 No. 636; EmR1918: emerg. r. and recr., eff. 1-30-19; CR 19-089: r. and recr. Register March 2020 No. 771, eff. 4-1-20; CR 21-100: am. (1) (a) (intro.), 2., 3., (3) (a) 10. Register February 2023 No. 806, eff. 3-1-23; CR 26-009: cr. (1) (a) 7., am. (3) (a) 9., cr. (3) (em), (3m) Register July 2026 No. 847, eff. 8-1-26; correction in (3m) (b) made under s. 35.17, Stats., Register July 2026 No. 847; CR 26-010: r. and recr. (2) (d), cr. (2) (dm), am. (3) (c) 2. Register July 2026 No. 847, eff. 8-1-26; correction in (1) (a) 7. made under s. 13.92 (4) (b) 7., Stats., Register July 2026 No. 847.

Wis. Admin. Code § DCF 252.425 Supervision and grouping of children {#sec-dcf-252.425 omnilex-key=us-wi-regs-official--agency-dcf--DCF 252.425}

(1) Supervision.

(a) Each child shall be supervised at all times to guide the child’s behavior and activities, prevent harm, and ensure safety.

(am) At least one lead counselor shall supervise each group of children.

(b) All children in care shall be assigned to a counselor. The camp shall implement a procedure to ensure that the number, names, and whereabouts of children in care are known to the assigned camp counselor at all times.

(c)

Counselors who are included for meeting the required counselor-to-child ratio may not provide care to children more than 12 hours in any 24-hour period.
Notwithstanding subd. 1., camps that provide an occasional overnight activity for children enrolled in the camp may allow a counselor to provide care for children for more than 12 hours in the 24-hour period to permit the counselor to remain with the children during the overnight session.

(cm) No person under 18 years of age shall be left in sole charge of a child.

(d) No licensee, employee, volunteer, or other individual in contact with children may consume alcoholic beverages or any non-prescribed controlled substance specified in ch. 961 Stats., on the premises of the camp or be under the influence of any alcohol or non-prescribed controlled substance, during the hours of the camp’s operation.

(e) A child may not be released to any person who has not been previously authorized by the parent.

(f) The camp shall implement a procedure to contact a parent if a child is absent from the camp without prior notification from the parent.

(g) A child may not be in care for more than 14 hours in any 24-hour period.

(h) The camp director shall be at the camp during the hours of operation, except if any of the following conditions are met:

The camp director is on a field trip with all of the children.
The camp director is on a field trip with some of the children and has a reliable method of communicating easily with the camp.
Another qualified person that is identified in the written delegation of administrative authority under s. DCF 252.41 (1) (p) is present at the camp and is authorized to make decisions for the camp.

(i) When 9 or more children are present at the camp, there shall be at least 2 employees available at all times and at least one of the employees shall be a lead counselor.

(2) Grouping of children.

(a)

Except as provided in subds. 2. and 4., the ratio of counselors to children may not be less than the minimum number of counselors to children specified in Table 252.425.
When there is a mixed-age group, the counselor-to-child ratio shall be adjusted on a pro rata basis, according to age.

Note: The department’s form, Counselor-to-Child Ratio Worksheet may be used to prorate the staff-to-child ratio for mixed age groups. Information on how to obtain forms is available on the department’s website, https://dcf.wisconsin.gov/cclicensing/ccformspubs.

When 9 or more children are on a field trip, at least 2 adults shall accompany the children. The counselor-to-child ratios in Table 252.425 shall be met on field trips.

(b) Support staff, such as maintenance, clerical, housekeeping, and food service staff, may only be considered in determining counselor–to–child ratios if the support staff meet the qualifications of a camp counselor and are giving full attention to the care and supervision of children.

(c) A camp counselor may not engage in any duties that are not related to caring for children while he or she is counted in meeting the required counselor–to–child ratios.

(d) Children of staff who attend the camp and who are on the premises for supervision and care shall be counted in the determination of counselor-to-child ratios.

History

EmR1918: emerg. cr., eff. 1-30-19; CR 19-089: cr. Register March 2020 No. 770, eff. 4-1-20; correction in (2) (a) 1. made under s. 35.17, Stats., Register March 2020 No. 770; CR 21-100: r. (2) (a) 3. Register February 2023 No. 806, eff. 3-1-23; correction in (2) (a) 1. made under s. 13.92 (4) (b) 7., Stats., Register February 2023 No. 806; CR 26-010: cr. (1) (am), (cm), am. (1) (i) Register July 2026 No. 847, eff. 8-1-26; r. (2) (d) (title), (dm) (title) under s. 13.92 (4) (b) 2., Stats., Register July 2026 No. 847; correction in (2) (a) 1., 4. made under s. 35.17, Stats., and correction in Table 252.425 (title) made under s. 13.92 (4) (b) 2., Stats., Register July 2026 No. 847

Wis. Admin. Code § DCF 252.43 Base camp and facilities {#sec-dcf-252.43 omnilex-key=us-wi-regs-official--agency-dcf--DCF 252.43}

(1) Site and building.

(a) The licensee shall identify a base camp that provides an environment that allows the program to be oriented to the out-of-doors. The base camp shall be maintained in a clean and sanitary condition at all times.

(b) The base camp shall have a building or shelter for use by the camp during inclement weather. If the shelter is not enclosed, the camp shall implement a procedure for ensuring that children are protected from the elements.

(c) The base camp shall be located on a well-drained site not subject to flooding. The premises shall be properly graded to prevent the accumulation of storm or other waters that may create hazards to the property or to the health or safety of the occupants. No camp may be located in an area that is situated so that drainage for any source of filth, such as garbage or animal waste disposal, can be deposited on the site.

Note: Local authorities should be consulted to obtain any required zoning clearances or building permits. Chapter NR 115 and s. NR 116.12 (2) (b) may affect the camp’s location with regard to flood plains and shore land areas.

(d) Buildings and shelters on sites used or constructed primarily for day camp purposes shall comply with the applicable Wisconsin Commercial Building Code and applicable local ordinances. A copy of the building inspection report shall be on file with the department.

Note: Local authorities should be consulted to obtain any required zoning clearances or building permits.

(e) All buildings and structures used by children for day camp purposes shall have not less than 2 plainly marked exits that are free of obstruction.

(f) The base camp premises and any structures used by children on the premises shall be free of litter, safe, well maintained, in good repair, and clean.

(g) If the base camp includes an enclosed building used by children, the inside temperature of the building may not be less than 67 degrees Fahrenheit. If the inside temperature exceeds 80 degrees Fahrenheit, the licensee shall provide for air circulation with fans or by other means.

(h) Painted exterior and interior surfaces accessible to children shall be free of flaking or deteriorating paint and finished with lead-free paint or other non-toxic material.

(i) Garbage and refuse at the base camp shall be kept in rigid, watertight, and leak-proof containers with tight-fitting covers and disposed of as necessary to prevent decomposition and overflow.

(j) The areas around garbage and refuse containers shall be clean and dry.

(k) Solid waste disposal sites on the premises must be licensed by the department of natural resources.

(L) The growth of brush, weeds, grass, and plants shall be controlled in the base camp area to prevent the harborage of noxious insects, rodents, and any other animals.

(m) Chemical and other insect, weed, and rodent control measures shall be used in accordance with label instructions.

(2) Protective Measures.

(a) Children shall be protected from indoor and outdoor hazards, including vehicular traffic and any recalled products.

Note: Lists of recalled products are available on the Department of Agriculture, Trade and Consumer Protection website at https://datcp.wi.gov/Pages/Publications/KeepYourKidsSafeNewsletter.aspx or by contacting the U.S. consumer products safety commission (US CPSC) at 1-800-638-2772.

(b) Materials harmful to children, including drugs, pesticides, flammable or combustible materials, insecticides, matches, cleaning supplies, bleaches, and other hazardous, toxic, or poisonous materials shall be stored in the original, covered, and labeled container in areas not accessible to children. Power tools shall be stored so they are inaccessible to children.

(c) A motor vehicle shall be immediately available at the camp in case of emergency if a public or private rescue or emergency vehicle cannot arrive at the camp within 10 minutes of a phone call.

(d) Smoking is prohibited anywhere on the premises or in a vehicle used to transport children when children are in care.

(e) The camp shall have a working telephone at the camp during the hours of operation. A list of emergency telephone numbers, including fire, law enforcement, and poison control shall be in a location known to all camp counselors. In this paragraph, “telephone” does not include a pay telephone requiring payment to reach the operator or a telephone in a locked room.

(3) Emergency plans and drills.

(a) Each camp shall have a written plan for taking appropriate action in the event of an emergency situation, including a fire, tornado, or natural disaster, extreme heat or cold, lost or missing children, a missing swimmer, an accident, an illness, allergic reactions, human-caused events, such as threats to the premises or its occupants, or other circumstances requiring immediate attention. The plan shall include specific procedures that address all of the following:

Evacuation, relocation, shelter-in-place, and lockdown.
Procedures for ensuring that the needs of children with chronic medical conditions and children with disabilities are met.
Communication with parents.
Connecting children with their parents if the camp is required to evacuate the premises.
Continuity of operations, including steps the day camp will take to demonstrate that they are prepared to resume business, when possible, following an emergency.

(am) Practice the emergency evacuation plans and tornado drills monthly during day camp operation with all staff, volunteers, and enrolled children.

(b) Each staff member and volunteer shall be informed and knowledgeable about their duties in the event of an emergency and the appropriate evacuation routes.

(bm) Keep a written record of dates and times all fire and tornado drills are practiced.

(c) All fire protection facilities and equipment, including fire extinguishers, shall be operable and maintained in working order by a qualified person. Each fire extinguisher shall be inspected once per year by a qualified person and have a label indicating its present condition and the date of the last inspection.

(d) Before camp opens, written notification of the camp operation shall be given to the nearest fire department or forest ranger service for protection in case of fire. The notification shall include the dates the camp will be operational and the number and ages of children in care.

(e) Any necessary permits required for operation of incinerators or for open fires shall be secured and available for review by a licensing representative.

Note: The department recommends that the licensee contact the local municipality and the Department of Natural Resources prior to the camp opening to determine what permits are required.

(f) The clearing around open fires shall be free of burnable materials for a radius of 6 feet.

(3m) Food preparation, service, and storage.

(a) When meals are prepared or heated on the premises, the kitchen area shall be equipped with a microwave or stove, a refrigerator, a sink, and utensils that are necessary to prepare and serve meals. The sink shall be used exclusively for food preparation and dishwashing.

(b) Camps preparing or serving only snacks are not required to have a sink unless dishes or utensils requiring dishwashing are used. Camps preparing or serving only snacks are not required to have a microwave or stove unless the snacks require heating.

(c) All equipment and utensils used for preparing, serving, or storing food shall have smooth hard surfaces, be easily cleanable, in good repair, durable, non-toxic, and free of cracks, seams, chips, and roughened areas, and be maintained in a clean and sanitary condition.

(d) Single-service utensils and food containers may not be reused.

(e) Foods shall be stored at temperatures that protect against spoilage. Milk and other perishable food shall be maintained at or below 40 degrees Fahrenheit.

(f) Food shall be protected from potential contamination and adulteration, including dirt, insects, rodents, or animals. Dry foods, such as cereals, crackers, and pasta shall be stored in bags with zip-type closures or metal, glass, or food-grade plastic containers with tight-fitting covers and shall be labeled and dated. In this paragraph, “food-grade plastic” means any plastic material used in the manufacture of dishes or utensils which has been found not harmful to human health by the national sanitation foundation.

(fm) Food shall be clean, wholesome, free from spoilage, free from adulteration or misbranding, and safe for human consumption. Meat, poultry, fish, molluscan shellfish, eggs, and dairy products shall be from an inspected source.

(g) Raw fruits and vegetables shall be washed before being served or cooked.

(h) Meals shall be prepared at the base camp in a central kitchen operated by the camp or in another location that has been inspected by a representative of a state agency. Food delivery vehicles shall be equipped with clean containers or cabinets to store food while in transit. Containers for cold food shall be capable of maintaining the temperature at or below 40 degrees Fahrenheit and containers for hot food shall be capable of maintaining the temperature at or above 140 degrees Fahrenheit.

Note: The rules for retail food establishments are in ch. ATCP 75.

(i) Extra food that was prepared but not served shall be dated, refrigerated promptly, and used within 36 hours, or frozen immediately for use within 6 months.

(4) Water.

(b) If a camp gets its water from a private well, the camp shall comply with all of the following:

a. At least 2 weeks prior to the camp opening each year, the camp shall have water samples from the well tested for total coliform and Escherichia coli (E. coli) bacteria using a laboratory certified by the department of agriculture, trade and consumer protection as specified in ch. ATCP 77. The laboratory report shall be available to the department upon request.

Note: A list of laboratories certified to test for bacteria can be found on the Department of Natural Resources website: www.dnr.wi.gov.

Note: Alternative sources of drinking water can include bottled water and water from a public water system that meets drinking water standards.

a. At least 2 weeks prior to the camp opening each year, the camp shall have water samples from the well tested for nitrate using a laboratory certified under ch. NR 149. The laboratory report shall be available to the department upon request.

b. If water test results indicate nitrate levels are above 10 mg/L, an alternative source of water shall be used for drinking and preparing food until nitrate levels are below 10 mg/L.

Note: A list of laboratories certified to test for nitrate can be found on DNR’s website: www.dnr.wi.gov.

a. The camp shall have the well tested for lead every five years using a laboratory certified by the department of natural resources under ch. NR 149. The laboratory report shall be available to the department upon request.

b. If water test results indicate lead levels are above 15 micrograms per liter (μg/L), an alternative source of water shall be used for drinking and preparing food until action is taken to reduce lead levels below 15 μg/L as confirmed by an additional water test.

Note: A list of laboratories certified to test for lead can be found on DNR’s website: www.dnr.wi.gov.

Note: Camps that meet the definition of a “public water system” in s. NR 809.04 (67) are required to comply with ch. NR 809, Safe Drinking Water Act Standards. For further information, see https://dnr.wisconsin.gov/topic/DrinkingWater.

(c)

When running water is not available, a camp shall use a covered drinking water container that is all of the following:

a. Easily distinguishable from other containers.

b. Constructed of a food grade material that does not permit the water to become contaminated by dirt, insects, or animals.

c. Suitable for pouring or equipped with a faucet.

No one may dip into the water in the water container.
The water container shall be cleaned and sanitized daily.
The water in the container shall meet the requirements under pars. (a) and (b).

(5) Washrooms and toilet facilities.

(a) Handwashing and toileting facilities shall be provided and accessible to children.

(b) Single-use disposable towels shall be provided and accessible to children.

(d) Outdoor toilets, when used, shall be constructed according to the requirements of the applicable Wisconsin commercial building codes and maintained in good repair.

(e) A portable toilet shall be in compliance with s. SPS 391.13 and local ordinances.

(f) Plumbing shall comply with all applicable sections of Wisconsin plumbing codes.

(g) Liquid waste disposal shall be connected to a public sewer, if available. If not available, liquid waste disposal shall be in accordance with chs. SPS 382, 383, and 384.

(h) Handwashing and toilet facilities shall be in clean and sanitary condition.

History

Cr. Register, October, 1984, No. 346, eff. 11-1-84; corrections in (1) (d) and (3) (e) made under s. 13.93 (2m) (b) 7., Stats., Register, July, 1999, No. 523; CR 04-040: am. (1) (d) and cr. (2) (a) 8. Register December 2004 No. 588, eff. 1-1-05; correction in (3) (c) 1. made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; CR 07-102: r. and recr. (1) (a) to (c), (2) (a) 4., 5. and (3) (c) 1., am. (1) (d), (e), (2) (a) 3., 6., 7., (b) 1. to 4., (3) (a) 1., 2., 4., 5., (b) 1. to 3., (c) 2., 5., (d) 1., 2., 3., (e) 2., 4., 6. and 7., cr. (1) (f), (g), (2) (a) 9., (3) (c) 6. to 8. and (d) 2m., r. (2) (a) 2. c. and (3) (c) 3. Register December 2008 No. 636, eff. 1-1-09; correction in (3) (d) 2. made under s. 13.92 (4) (b) 7., Stats., Register December 2008 No. 636; correction in (3) (d) 2. made under s. 13.92 (4) (b) 7., Stats., Register August 2011 No. 668; correction in (3) (e) 7. made under s. 13.92 (4) (b) 7., Stats., Register January 2012 No. 673; EmR1918: emerg. r. and recr. (1) (f), cr. (1) (h) to (m), r. and recr. (2), (3), cr. (3m), (4), (5), eff. 1-30-19; CR 19-089: r. and recr. (1) (f), cr. (1) (h) to (m), r. and recr. (2), (3), cr. (3m), (4), (5) Register March 2020 No. 771, eff. 4-1-20; correction in (2) (title) made under s. 13.92 (4) (b) 2., Stats., Register 2020 No. 771; CR 21-100: cr. (3) (fm), r. and recr. (4) Register February 2023 No. 806, eff. 3-1-23; correction in (4) (c) 4. made under s. 35.17, Stats., Register January 2024 No. 817; CR 26-009: am. (2) (a), (3) (a) 2., cr. (3) (a) 5., (am), am. (3) (b), cr. (3) (bm) Register July 2026 No. 847, eff. 8-1-26; correction in (2) (title) made under s. 13.92 (4) (b) 2., Stats., Register July 2026 No. 847.

Wis. Admin. Code § DCF 252.44 Program {#sec-dcf-252.44 omnilex-key=us-wi-regs-official--agency-dcf--DCF 252.44}

(1) Program planning and implementation.

(a) Each day camp shall have a written program of activities that shall be planned according to the developmental level of each child and each group of children and intended to expose children to a variety of cultures. The needs of children with disabilities shall be considered when planning the programming and activities for enrolled children. The program of activities shall focus on the outdoors and the natural environment and shall reflect the camp’s written policies. The program shall provide each child with experiences that will promote all of the following:

An appreciation and understanding of the natural environment.
Large and small muscle development.
Intellectual growth.
Self-esteem and positive self-image.
Opportunities for recreation.
Social interaction.
Creative expression.
Self-expression and communication skills.
Literacy skills.

Note: With parental consent and consultation, it is recommended that camps who care for children who have an Individualized Education Program (IEP) coordinate programming activities with the local school district.

(b) The program shall:

Protect the children from excessive fatigue and from overstimulation.
Encourage spontaneous activities.
Be planned to provide a flexible balance each day of:

a. Active and quiet activities.

b. Individual and group activities.

Provide daily opportunities for children to play outdoors except during inclement weather or when not advisable for health reasons.
Provide reasonable regularity in eating, resting and other routines.
Provide daily periods when a variety of experiences are concurrently available for the children to select their own activities.
Limit the amount of time that children are kept waiting in lines or assembled in large groups during routines such as toileting and eating and intervals between activities.

(2) Child guidance.

(a) Each day camp shall have a written policy on guiding children’s behavior which provides for positive guidance, redirection and the setting of clear-cut limits. The policy shall be designed to help each child develop self-control, self-esteem, and respect for the rights of others.

(b)

In this paragraph, “time-out period” means a break from the large group that a counselor offers a child to provide the child an opportunity to calm and regain composure while being supported by the counselor.
A camp may use a time-out period to handle a child’s unacceptable behavior only if all of the following conditions are met:

a. The counselor offers the child the time-out period in a non-humiliating manner.

b. The time-out period does not exceed 3 minutes.

c. The child is not isolated.

d. The child is not removed from the group location.

The procedures for a time-out period shall be included in the camp guidance policy under par. (a).

(c) Actions that may be psychologically, emotionally or physically painful, discomforting, dangerous or potentially injurious are prohibited. Examples of prohibited actions include:

Spanking, hitting, pinching, shaking, slapping, twisting, throwing or inflicting any other form of corporal punishment.
Verbal abuse, threats or derogatory remarks about the child or the child’s family.
Physical restraint, binding or tying to restrict movement or enclosing in a confined space such as a closet, locked room, box or similar cubicle.
Withholding or forcing meals, snacks or naps.
Actions that are aversive, cruel, frightening or humiliating.

(d) Children shall not be punished for lapses in toilet training.

(3) Equipment and furnishings.

(a) The camp shall provide program equipment and furnishings in a variety and quantity that allows staff to implement activities outlined in the written policy on program objectives and activities required under s. DCF 252.41 (1) (f) 5. and meets all of the following criteria:

Provides for large muscle development.
Provides construction activities and for the development of manipulative skills.
Encourages social interaction.
Provides intellectual stimulation.
Encourages creative expression.

(b) All equipment and furnishings, whether or not owned by the camp, shall be:

Scaled to the developmental level, size and ability of the children.
Safe, durable, of sturdy construction with no sharp, rough, loose, protruding, pinching or pointed edges, or areas of entrapment, in good operating condition, and anchored when necessary.
Placed to avoid danger of accident and collision and to permit freedom of action.
Used in accordance with all manufacturer’s instructions and any manufacturer’s recommendations that may affect the safety of children in care.

(d) No trampolines or inflatable bounce surfaces on the premises may be accessible to children or used by children in care.

(4) Rest. When a session is more than 4 hours in length, there shall be a rest period or period of quiet activities of at least 30 minutes for all children under 5 years of age.

(5) Meals, snacks, and food service.

(a) Food shall be provided in accordance with Table 252.44 which is based on the amount of time children are present. Food may be served at flexible intervals, but no child may go without nourishment for longer than 3 hours.

(b) Camp-provided transportation time shall be included in determining the total number of hours a child is present for the purpose of par. (a).

(c) Food allergies of specific children shall be reported to cooks, counselors and substitutes having direct contact with children.

(d) Menus for meals and snacks provided by the camp shall:

Be posted in the kitchen and in a conspicuous place accessible to parents.
Be planned at least one week in advance, dated and kept on file for 3 months.
Be available for review by the department.
Include diverse types of food.

(e) At a minimum, each meal and snack provided to children shall meet the U.S. department of agriculture child and adult care food program minimum meal requirements for amounts and types of food. Additional portions of vegetables, fruits, bread, and milk shall be available.

Note: The USDA meal program requirements may be found on the website, http://www.fns.usda.gov/cacfp/meals-and-snacks.

(f) When food for a child is provided by the child’s parent, the camp shall provide the parent with information about requirements for food groups and quantities specified by the U.S. department of agriculture child and adult care food program minimum meal requirements.

(g) A special diet, based on a medical condition, excluding food allergies, but including nutrient concentrates and supplements, may be served only upon written instruction of a child’s physician and upon request of the parent. A special diet based on a food allergy may be served upon the written request of the parent.

(6) Health.

(a) Observation. Each child upon arrival at the camp shall be observed by a staff person for symptoms of illness. For an apparently ill child, the procedure under par. (c) shall be followed.

(b) Health supervision. There shall be an adult at the camp at all times who is responsible for health supervision. The on-site health supervisor shall be one of the following:

A physician licensed in Wisconsin.
A registered nurse or practical nurse licensed in Wisconsin.
A physician assistant licensed in Wisconsin.
An emergency medical technician.
A person currently certified as having completed the American Red Cross Standard First Aid course or equivalent.

(bm) If a public or private rescue or emergency vehicle cannot arrive at the camp within 10 minutes of a phone call, a person who is certified by the department as a first responder under ch. DHS 110 must be on the premises during the hours when children are present. This person may serve as the camp health supervisor.

There shall be an isolation or first aid area for the care of children who become ill. If the area is not a separate room, it shall be separated from space used by other children by a partition, screen or other means.
When an apparently ill child is observed in the day camp, the following procedures shall apply:

a. A child with symptoms of illness or a condition such as vomiting or diarrhea, shall be isolated and shall be made comfortable, with a place to lie down available, with a staff member within the sight or hearing of the child. Isolation shall be used until the child can be removed from the camp.

b. The child’s parent, or a designated responsible person when parents cannot be reached, shall be contacted as soon as possible after the illness is discovered to take the child from the camp.

(d) Communicable disease.

No child or any other person with a reportable communicable disease specified in ch. DHS 145 may be admitted or readmitted to a camp, be permitted to remain in a camp, or be permitted to have contact with children in care during the period when the disease is communicable.
A person in contact with children or a child may be allowed to return to a camp if the person’s physician provides a written statement that the condition is no longer contagious or the person has been absent for a period of time equal to the longest usual incubation period of the disease as specified by the department.

Note: The Division of Public Health in the Department of Health Services has developed materials that identify those communicable diseases that are required to be reported to the local public health officer. These materials also provide information on the symptoms of each disease and guidance on how long an infected child must be excluded from the camp. Copies of the communicable disease chart are available from the Department of Health Services website at https://www.dhs.wisconsin.gov/publications/p4/p44397.pdf.

(e) Medication.

Camp staff may give prescription and non-prescription medication to a child only under the following conditions:

a. A signed, dated, written authorization that includes the child’s name and birthdate, name of the medication, administration instructions, medication intervals, and the length of the authorization from the parent is on file. Blanket authorizations that exceed the length of time specified on the label are prohibited.

Note: The department’s form, Authorization to Administer Medication, or the provider’s own form may be used to obtain the parent’s authorization to administer medication. Information on how to obtain the form is available on the department’s website, http://dcf.wisconsin.gov, or from any of the regional licensing offices in Appendix A.

b. The medication is in the original container and labeled with the child’s name, and the label includes the dosage and directions for administering.

All medications shall be stored so that they are not accessible to the children.
Medications shall be stored at the appropriate temperature as indicated on the label.

3m. All medication for a child in care shall be administered by the camp as directed on the label and as authorized by the parent.

No medication may be kept at the camp without a current authorization from the parent.
Bee sting medication, inhalers, an insulin syringe, or other medication or device used in the event of a life-threatening situation may be carried by a child over the age of 7 years with written authorization from the parent and the child’s physician.

(f) Injury. Written procedures for the treatment of children who are in accidents or otherwise injured shall be available, made known to staff, and carried out as follows:

Written permission from the parent to call a child’s physician or refer the child for medical care in case of injury shall be on file at the camp. The camp shall contact the parent as soon as possible after an emergency has occurred or, if the injury is minor, when the parent picks up the child.

Note: The camp may use the department’s form, Child Care Enrollment, or its own form for obtaining medical consent from the parent. Information on how to obtain forms is available on the department’s website, http://dcf.wisconsin.gov, or from any regional licensing office in Appendix A.

Prior to the opening of camp, a planned source of emergency medical care, such as a hospital emergency room, clinic, or other constantly staffed medical facility, shall be designated and made known to staff and parents.
A camp shall establish and follow written procedures for treating minor injuries and for taking a child to an emergency medical care facility.
First aid equipment shall be available at a designated location at the base camp.
Standard first aid procedures shall be followed for injuries.
Superficial wounds may be cleaned with soap and water only and protected.
Suspected poisoning shall be treated only after consultation with a poison control center.

(g) Medical log.

The licensee shall maintain a medical log book that has a stitched binding with pages that are lined and numbered.
Pages may not be removed from the medical log under subd. 1. and lines may not be skipped. Each entry in the log book shall be in ink, dated, and signed or initialed by the person making the entry.
A provider shall record all of the following in the medical log under subd. 1.:

a. Any evidence of unusual bruises, contusions, lacerations, or burns seen on a child, regardless of whether received in or out of the care of the camp.

b. Any injuries received by a child while in the care of the camp on the date the injury occurred. The record shall include the child’s name, the date and time of the injury, and a brief description of the facts surrounding the injury.

d. Any incident or accident that occurs when the child is in the care of the center that results in professional medical evaluation.

The director or a designee shall review records of injuries with staff monthly during camp operations to ensure that all possible preventive measures are being taken. The reviews shall be documented in the medical logbook under subd. 1.

(i) Health precautions and personal cleanliness.

A child’s hands shall be washed with soap and running water before meals and snacks and after handling animals and toileting or diapering.
Persons working with children shall wash their hands with soap and running water before handling food, after assisting with toileting and after wiping bodily secretions from a child.
Soap and water-based wet wipes may be used to wash hands when there is no running water immediately available. Disinfecting hand sanitizers may not replace the use of soap and water when washing hands.
Cups, eating utensils, toothbrushes, combs and towels may not be shared and shall be kept in a sanitary condition.
Children shall be clothed to ensure body warmth and comfort. Wet or soiled clothing and diapers shall be changed promptly from an available supply of clean clothing.
There shall be a supply of dry and clean clothing and diapers sufficient to meet the needs of all children at the camp.
As appropriate, children shall be protected from sunburn and insect bites with protective clothing, if not protected by sunscreen or insect repellent. Sunscreen and insect repellent may only be applied on the written authorization of the parent. The authorization shall include the ingredient strength of the sunscreen or repellent. If parents provide the sunscreen or insect repellent, the sunscreen or repellent shall be labeled with the child’s name. Children may apply their own sunscreen or insect repellent with written parental authorization. Recording the application of sunscreen or insect repellent is not required.
Center staff shall follow universal precautions when exposed to blood and blood-containing bodily fluids and injury discharges.
Single use disposable gloves shall be worn if there is contact with blood-containing bodily fluids or tissue discharges. Gloves shall be discarded in plastic bags.

(j) Diapering. When children are diapered, the camp counselor shall do all of the following:

Consult with the child’s parent to develop a toilet training plan so that a child’s toilet routine is consistent between the camp and the child’s home, if the child is in the process of becoming toilet trained.
Change wet or soiled diapers and clothing promptly.
Change each child on an easily cleanable surface that is cleaned with soap and water and a disinfectant solution after each use. The disinfectant solution shall be registered with the U.S. environmental protection agency as a disinfectant and have instructions for use as a disinfectant on the label. The solution shall be prepared and applied as indicated on the label.
If the diapering surface is above floor level, provide a barrier or restraint to prevent falling. A child may not be left unattended on the diapering surface.
Place disposable soiled diapers and gloves, if used, in a plastic-lined, hands-free, covered container immediately.
Remove soiled diapers from containers as needed but at least daily for washing or disposal. Containers shall be washed and disinfected daily.
Apply lotions, powders or salves to a child during diapering only at the specific written direction of the parent or the child’s physician. The directions shall be posted in the diapering area. The application of diapering lotions, powders or salves is not required to be recorded in the camp medical log.
Wash the child’s diaper area before each diapering with a disposable or fabric towel used only once.

(7) Swimming and water activity areas.

(a) Definitions. In this subsection, “waterfront” means a pool or beach accessible to or used by children in care.

(am) Swimming area.

Pools and other swimming areas used by children shall be located, constructed, equipped and operated according to the requirements of chs. SPS 390 and ATCP 76 for pools and water attractions. A beach shall be in compliance with applicable local ordinances.

a. Swimming pools shall be enclosed with a 5 foot fence with a self-closing, self-latching door. Spaces between the vertical posts of the fence shall be 3½ inches or less. In addition, all of the following restrictions apply when the pool is not in use by children.

b. If access to the pool is through a gate, the gate shall be closed and locked.

c. If access to the pool is through a door, the door shall be closed, visibly locked and equipped with an alarm at the door that signals when someone has entered the pool area. The door may not be used as an exit.

d. Locks shall be located so that the locks cannot be opened by children.

e. The free-standing wall of an above ground pool may not serve as an enclosure unless it is at least 5 feet in height and not climbable. If a ladder is present, the ladder shall be removed or raised up so that it is inaccessible to children.

f. The area around the pool enclosure shall be free of toys or equipment that would allow a child to climb or otherwise gain access to the pool.

The swimming area used by a day camp shall have designated areas for non-swimmers, intermediate swimmers, advanced swimmers and divers. A child shall be restricted to the area of the pool or beach that is within the child’s swimming ability.
Access to a water activity area or beach shall be controlled so that children may not enter the area without the knowledge of waterfront staff and any area used for swimming shall be clearly marked.
Equipment in water activity areas, including docks, ladders, rafts, diving boards, boats, life jackets, and paddles, shall be maintained and in good repair.
Rescue equipment, including a shepherd’s crook type pole, a backboard, ring buoy, and rescue tube shall be maintained and immediately available at each water activity area as specified in s. ATCP 76.26.

(b) Waterfront supervisor.

Each day camp offering swimming, boating, canoeing, or other water activities whether at a pool or a beach shall designate a staff person as waterfront supervisor. All water activities, whether on or off the premises, shall be under the direction of the waterfront supervisor or an equally qualified adult who is present at the waterfront during water activities. The waterfront supervisor shall:

a. Be 18 years of age or older; and

b. Hold a current certification as a life-guard from a nationally recognized certifying agency.

1m. If the center uses a pool, beach, or other water attraction that is not located on the center premises and certified lifesaving personnel are on duty, the waterfront supervisor is not required to meet the qualification in subd. 1. b.

The camp shall maintain a ratio of one person with a current Red Cross certified lifesaving certificate per 25 children in the water, except where a public swimming place has life-saving personnel on duty. While children are in the water, only staff who can swim may be included when determining counselor-to-child ratios under Table DCF 252.425.
The waterfront supervisor or an equally qualified person shall be on duty at all times whenever children are in the water.
The waterfront supervisor shall establish and enforce a method for supervising children in the water such as the buddy system, the colored cap system or another method of supervising children. The supervision plan shall be included in the camp’s written waterfront plan and reviewed during pre-camp training.
The waterfront supervisor shall establish and enforce a method for checking persons in and out of the water. The check-in and check-out procedures shall be included in the camp’s written waterfront plan and reviewed during pre-camp training.

5m. The waterfront supervisor shall establish and enforce procedures for ensuring that children who have access to a beach or are engaged in fishing or other shoreline activities are properly supervised.

The waterfront supervisor or person acting as the waterfront supervisor may not be included when determining counselor-to-child ratios during any period when children are in the water.

The swimming ability of each child shall be assessed by either the parent or the camp. Documentation of the assessment shall be kept in the child’s file.
Children shall be restricted to swimming areas within their swimming classification.

(d) Boating prohibited in swimming areas. Except in an emergency, no rowboat, canoe, motor boat or other craft, except a lifeboat used by lifeguards, is permitted in a swimming area, pursuant to s. 30.68 (7), Stats.

(8) Boats.

(a) In this section, “boat” means every description of watercraft used or capable of being used as a means of transportation on water, including canoes, kayaks, large inner tubes, inflatable boats, paddleboards, and sailboards. Small inflatable toys such as swim rings and air mattresses are not considered “boats” under this definition.

(am) All boats shall comply with ch. NR 5.

(b) Each occupant of a boat shall wear a type I or II coast guard-approved personal flotation device which is appropriate to the weight of the person wearing it as specified in s. 30.62 (3) (a), Stats., and s. NR 5.13.

(c) There shall be at least one adult in each boat who is a competent swimmer as determined by the waterfront supervisor. When children are using single-seat boats, such as kayaks, a counselor who is a competent swimmer and at least 18 years of age shall be close enough to the children to provide assistance if necessary.

(d) Children who have not demonstrated advanced swimming skills shall be limited to the use of the rowboats only.

(e) All boats, oars and paddles shall be in good repair and inspected annually for safety.

(9) Firearms and archery. Firearms and archery equipment may not be used by children under 7 years of age. When firearms and archery equipment are used by children 7 years of age and older, the following precautions shall apply:

(a) The archery or shooting range may be used only under the supervision of a trained adult instructor who holds a certification in bowhunter or hunter safety, respectively.

(b) Other program activities shall be in an area away from the designated archery or shooting range. The range shall be fenced in with rope or wire and marked with danger signs or flags.

(d) All firearms, archery equipment, and unused ammunition shall be returned to the instructor.

(10) Tools.

(a) Power tools shall not be used by children under 7 years of age.

(b) Children under 7 years of age shall not be allowed in areas where power tools are in use.

(11) Horseback riding.

(a) This subsection shall apply whether the camp owns, rents, or leases horses.

(b) Children may ride horseback only in a ring or other enclosed area.

(c) The riding tack shall be maintained in good repair to provide maximum safety for children. It shall be appropriate to the age, size, and ability of the rider.

(d) Horseback riding shall be specifically covered by the camp’s liability insurance.

(12) Field trips. For field trips away from the base camp:

(a) Staff shall carry emergency contact information and signed parental permission for the emergency medical care of all children on the field trip.

(b) The counselor-to-child ratio under Table DCF 252.425 shall be maintained, except that the number of adults accompanying children away from the base camp shall be no fewer than 2.

(d) A list of children participating in the field trip shall be maintained by the camp director and a counselor accompanying the children.

(e) Parents shall be notified in advance of the times and location of each field trip.

(f) First aid supplies shall be taken on all field trips.

(13) Adventure-based activities.

(a) This subsection applies whether the camp owns, rents, or leases equipment used in adventure-based activities. Adventure-based activities include but are not limited to experiences such as ropes or challenge courses, hiking and rock climbing.

(b) The licensee shall ensure that personnel leading and providing training to children are trained and have experience for the type of adventure-based experience they are supervising.

(c) Equipment used in adventure-based activities shall be properly installed, maintained in good condition and working order and appropriate to the size, developmental and ability level of the children using the equipment.

(d) Before a child is permitted to participate in an adventure-based activity, the licensee shall ensure that the child’s medical history does not prohibit participation in the type of activity planned. If there is a question about a child’s ability to participate for medical reasons, the licensee shall not permit participation without the written approval of the child’s physician and written authorization from the child’s parent.

(e) Counselor-to-child ratios shall be adequate to manage and supervise the adventure-based activity based upon the number of children participating and type of activity. At no time, shall the counselor-to-child ratio be less than that specified in Table DCF 252.425.

History

Cr. Register, October, 1984, No. 346, eff. 11-1-84; corrections in (7) (a) made under s. 13.93 (2m) (b) 7., Stats., Register, June, 1995, No. 474; corrections in (6) (d) made under s. 13.93 (2m) (b) 7., Stats., Register, July, 1997, No. 499; corrections in (7) (a) made under s. 13.93 (2m) (b) 7., Stats., Register, July, 1999, No. 523; CR 04-040: am. (5) (d) Register December 2004 No. 588, eff. 1-1-05; corrections in (2) (b), (3) (a), (5) (a), (6) (d) 1., (e) 1. d., (7) (b) 2. and (12) (b) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; CR 07-102: am. (1) (a) (intro.), 1., 2., 4. to 6., (b) 1., (2) (a), (c) 1. to 4., (3) (b) 1., 2., (4), (5) (a), (6) (a) 1., 2., (b) (title), (c) 1., 2. a., (d) 1., 3., (e) 1. a., b., d., 3., (f) 1. a. to d., f., 2., (g), (7) (b) (title), (intro.), (c) 1., (e), (8) (b) to (d), (9) (intro.), (a) to (c), (12) (intro.) and (a) to (d), r. and recr. (1) (a) 3., (2) (b), (c) (intro.), (5) (d) to (g), (6) (e) 1. (intro.), (7) (title), (b) 1. b., (8) (title) and (9) (d), cr. (1) (a) 7. to 9., (b) 3. to 7., (2) (c) 5., (3) (a) 1. to 5., (c), (d), (5) (d) 1. to 4., (6) (b) 1. to 5., (bm), (e) 4. to 7., (f) 1. i., (h) to (j), (7) (a), (am) 2. b. to f., 4. to 6., (b) 4. to 6., (8) (a), (e), (12) (e), (f) and (13), renum. (3) (a), (6) (b), (7) (a) 1., 3., 4. and (8) (a) to be (3) (a) (intro.), (6) (b) (intro.), (7) (am) 1., 2. a., 3. and (8) (am) and am., r. (6) (d) 2., (e) 1. c., (f) 1. e., g., 3., (7) (a) 2. and (c) 3. Register December 2008 No. 636, eff. 1-1-09; corrections in (3) (a) (intro.), (5) (a), (6) (bm), (d), (e) 1. d., (f) 2., (h), (7) (am) 1., 6., (12) (b) and (13) (e) made under s. 13.92 (4) (b) 7., Stats., Register December 2008 No. 636; correction in (7) (am) 1. made under s. 13.92 (4) (b) 7., Stats., Register January 2012 No. 673; correction in (6) (bm) made under s. 13.92 (4) (b) 7., Stats., Register April 2015 No. 712; correction in (7) (am) 1., 6. made under s. 13.92 (4) (b) 7., Stats., Register July 2016 No. 727; EmR1918: am. (2) (b), (3) (title), (a) (intro.), (b) (intro.), 2., cr. (3) (b) 4., r. and recr. (3) (d), (5) (title), (e), (f), r. (5) (h), renum. (6) (a) 1. to (6) (a), r. (6) (a) 2., r. and recr. (6) (c) (title), (d) 1., r. (6) (e) 1. d., 6., 7., r. and recr. (6) (f), (g), r. (6) (h), am. (6) (i) (title), 1., 5., cr. (6) (i) 7. to 9., am. (6) (j) 3., (7) (title), (am) 5., cr. (7) (b) 1m., am. (7) (b) 2., 3., cr. (7) (b) 5m., am. (7) (b) 6., r. (7) (e), am. (9) (intro.), (d), (11) (b), (12) (b), (13) (e), eff. 1-30-19; CR 19-089: am. (2) (b), (3) (title), (a) (intro.), (b) (intro.), 2., cr. (3) (b) 4., r. and recr. (3) (d), (5) (title), (e), (f), r. (5) (h), renum. (6) (a) 1. to (6) (a), r. (6) (a) 2., r. and recr. (6) (c) (title), (d) 1., r. (6) (e) 1. d., 6., 7., r. and recr. (6) (f), (g), r. (6) (h), am. (6) (i) (title), 1., 5., cr. (6) (i) 7. to 9., am. (6) (j) 3., (7) (title), (am) 5., cr. (7) (b) 1m., am. (7) (b) 2., 3., cr. (7) (b) 5m., am. (7) (b) 6., r. (7) (e), am. (9) (intro.), (d), (11) (b), (12) (b), (13) (e) Register March 2020 No. 771, eff. 4-1-20; CR 21-100: am. (1) (a) (intro.), r. and recr. (2) (b), cr. (6) (e) 3m., am. (6) (f) 1., (g) 4., (8) (a), (9) (a) Register February 2023 No. 806, eff. 3-1-23; corrections in (2) (b) 1., 2. d. made under s. 35.17, Stats., Register January 2024 No. 817; CR 26-010: am. (8) (c) Register July 2026 No. 847, eff. 8-1-26; correction in (5) made under s. 35.17, Stats., Register July 2026 No. 847.

Chapter DCF 252 Appendix A APPENDIX A

Wis. Admin. Code § Chapter DCF 252 APPENDIX A {#sec-chapter-dcf-252 omnilex-key=us-wi-regs-official--agency-dcf--Chapter DCF 252}

Regional Offices of the Division of Early Care and Education

See PDF for table

Wis. Admin. Code DCF — Department of Children and Families

Chapter DCF 1 FEES FOR CHILD WELFARE AND COMMUNITY-BASED YOUTH JUSTICE SERVICES

Wis. Admin. Code § DCF 1.01 Purpose {#sec-dcf-1.01 omnilex-key=us-wi-regs-official--agency-dcf--DCF 1.01}

Wis. Admin. Code § DCF 1.02 Definitions {#sec-dcf-1.02 omnilex-key=us-wi-regs-official--agency-dcf--DCF 1.02}

Wis. Admin. Code § DCF 1.03 Fees {#sec-dcf-1.03 omnilex-key=us-wi-regs-official--agency-dcf--DCF 1.03}

Wis. Admin. Code § DCF 1.04 Fee liability, exemptions, and waivers {#sec-dcf-1.04 omnilex-key=us-wi-regs-official--agency-dcf--DCF 1.04}

Wis. Admin. Code § DCF 1.05 Billing {#sec-dcf-1.05 omnilex-key=us-wi-regs-official--agency-dcf--DCF 1.05}

Wis. Admin. Code § DCF 1.06 Collections {#sec-dcf-1.06 omnilex-key=us-wi-regs-official--agency-dcf--DCF 1.06}

Wis. Admin. Code § DCF 1.07 Child support determined in children’s or juvenile court {#sec-dcf-1.07 omnilex-key=us-wi-regs-official--agency-dcf--DCF 1.07}

Chapter DCF 12 BACKGROUND CHECKS FOR CHILD WELFARE PROGRAMS

Wis. Admin. Code § DCF 12.01 Purpose and scope {#sec-dcf-12.01 omnilex-key=us-wi-regs-official--agency-dcf--DCF 12.01}

Wis. Admin. Code § DCF 12.02 Definitions {#sec-dcf-12.02 omnilex-key=us-wi-regs-official--agency-dcf--DCF 12.02}

Wis. Admin. Code § DCF 12.03 Background information disclosure {#sec-dcf-12.03 omnilex-key=us-wi-regs-official--agency-dcf--DCF 12.03}

Wis. Admin. Code § DCF 12.04 Contracting for background checks {#sec-dcf-12.04 omnilex-key=us-wi-regs-official--agency-dcf--DCF 12.04}

Wis. Admin. Code § DCF 12.05 Obtaining armed forces information {#sec-dcf-12.05 omnilex-key=us-wi-regs-official--agency-dcf--DCF 12.05}

Wis. Admin. Code § DCF 12.06 Determining whether other offenses are substantially related {#sec-dcf-12.06 omnilex-key=us-wi-regs-official--agency-dcf--DCF 12.06}

Wis. Admin. Code § DCF 12.07 Denial and revocation information {#sec-dcf-12.07 omnilex-key=us-wi-regs-official--agency-dcf--DCF 12.07}

Wis. Admin. Code § DCF 12.08 Reporting requirements {#sec-dcf-12.08 omnilex-key=us-wi-regs-official--agency-dcf--DCF 12.08}

Wis. Admin. Code § DCF 12.09 Sanctions {#sec-dcf-12.09 omnilex-key=us-wi-regs-official--agency-dcf--DCF 12.09}

Wis. Admin. Code § DCF 12.10 Rehabilitation reviews by agencies {#sec-dcf-12.10 omnilex-key=us-wi-regs-official--agency-dcf--DCF 12.10}

Wis. Admin. Code § DCF 12.11 Eligibility to request rehabilitation review {#sec-dcf-12.11 omnilex-key=us-wi-regs-official--agency-dcf--DCF 12.11}

Wis. Admin. Code § DCF 12.12 Applying for rehabilitation review {#sec-dcf-12.12 omnilex-key=us-wi-regs-official--agency-dcf--DCF 12.12}

Wis. Admin. Code § DCF 12.13 Agency rehabilitation review process {#sec-dcf-12.13 omnilex-key=us-wi-regs-official--agency-dcf--DCF 12.13}

Wis. Admin. Code § DCF 12.14 Appealing a rehabilitation review panel’s denial {#sec-dcf-12.14 omnilex-key=us-wi-regs-official--agency-dcf--DCF 12.14}

Wis. Admin. Code § DCF 12.15 Withdrawal of rehabilitation approval {#sec-dcf-12.15 omnilex-key=us-wi-regs-official--agency-dcf--DCF 12.15}

Wis. Admin. Code § DCF 12.16 Permissive acceptance of a rehabilitation approval {#sec-dcf-12.16 omnilex-key=us-wi-regs-official--agency-dcf--DCF 12.16}

Chapter DCF 13 BACKGROUND CHECKS FOR CHILD CARE PROGRAMS

Wis. Admin. Code § DCF 13.01 Purpose and scope {#sec-dcf-13.01 omnilex-key=us-wi-regs-official--agency-dcf--DCF 13.01}

Wis. Admin. Code § DCF 13.02 Definitions {#sec-dcf-13.02 omnilex-key=us-wi-regs-official--agency-dcf--DCF 13.02}

Wis. Admin. Code § DCF 13.03 Background check request {#sec-dcf-13.03 omnilex-key=us-wi-regs-official--agency-dcf--DCF 13.03}

Wis. Admin. Code § DCF 13.04 Obtaining armed forces information {#sec-dcf-13.04 omnilex-key=us-wi-regs-official--agency-dcf--DCF 13.04}

Wis. Admin. Code § DCF 13.05 Determining whether other offenses are substantially related {#sec-dcf-13.05 omnilex-key=us-wi-regs-official--agency-dcf--DCF 13.05}

Wis. Admin. Code § DCF 13.06 Background check eligibility {#sec-dcf-13.06 omnilex-key=us-wi-regs-official--agency-dcf--DCF 13.06}

Wis. Admin. Code § DCF 13.07 Reporting requirements {#sec-dcf-13.07 omnilex-key=us-wi-regs-official--agency-dcf--DCF 13.07}

Wis. Admin. Code § DCF 13.08 Sanctions {#sec-dcf-13.08 omnilex-key=us-wi-regs-official--agency-dcf--DCF 13.08}

Wis. Admin. Code § DCF 13.09 Appeal of background check determinations {#sec-dcf-13.09 omnilex-key=us-wi-regs-official--agency-dcf--DCF 13.09}

Wis. Admin. Code § DCF 13.10 Rehabilitation reviews by agency {#sec-dcf-13.10 omnilex-key=us-wi-regs-official--agency-dcf--DCF 13.10}

Wis. Admin. Code § DCF 13.11 Eligibility for rehabilitation review {#sec-dcf-13.11 omnilex-key=us-wi-regs-official--agency-dcf--DCF 13.11}

Wis. Admin. Code § DCF 13.12 Applying for rehabilitation review {#sec-dcf-13.12 omnilex-key=us-wi-regs-official--agency-dcf--DCF 13.12}

Wis. Admin. Code § DCF 13.13 Agency rehabilitation review process {#sec-dcf-13.13 omnilex-key=us-wi-regs-official--agency-dcf--DCF 13.13}

Wis. Admin. Code § DCF 13.14 Appealing a rehabilitation review panel’s denial {#sec-dcf-13.14 omnilex-key=us-wi-regs-official--agency-dcf--DCF 13.14}

Wis. Admin. Code § DCF 13.15 Compliance with rehabilitation approval; withdrawal {#sec-dcf-13.15 omnilex-key=us-wi-regs-official--agency-dcf--DCF 13.15}

Wis. Admin. Code § DCF 13.16 Permissive acceptance of a rehabilitation approval {#sec-dcf-13.16 omnilex-key=us-wi-regs-official--agency-dcf--DCF 13.16}

Wis. Admin. Code § DCF 13.17 Fees {#sec-dcf-13.17 omnilex-key=us-wi-regs-official--agency-dcf--DCF 13.17}

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

Wis. Admin. Code § DCF 21.01 Purpose {#sec-dcf-21.01 omnilex-key=us-wi-regs-official--agency-dcf--DCF 21.01}

Wis. Admin. Code § DCF 21.02 Definitions {#sec-dcf-21.02 omnilex-key=us-wi-regs-official--agency-dcf--DCF 21.02}

Wis. Admin. Code § DCF 21.03 Eligibility {#sec-dcf-21.03 omnilex-key=us-wi-regs-official--agency-dcf--DCF 21.03}

Wis. Admin. Code § DCF 21.04 Youth’s request to re-enter out-of-home-care and agency determination {#sec-dcf-21.04 omnilex-key=us-wi-regs-official--agency-dcf--DCF 21.04}

Wis. Admin. Code § DCF 21.05 Voluntary transition-to-independent-living agreement {#sec-dcf-21.05 omnilex-key=us-wi-regs-official--agency-dcf--DCF 21.05}

Wis. Admin. Code § DCF 21.06 Placement and supervision {#sec-dcf-21.06 omnilex-key=us-wi-regs-official--agency-dcf--DCF 21.06}

Wis. Admin. Code § DCF 21.07 Termination {#sec-dcf-21.07 omnilex-key=us-wi-regs-official--agency-dcf--DCF 21.07}

Wis. Admin. Code § DCF 21.08 Appeal rights {#sec-dcf-21.08 omnilex-key=us-wi-regs-official--agency-dcf--DCF 21.08}

Wis. Admin. Code § DCF 21.09 Reapplication following denial or termination {#sec-dcf-21.09 omnilex-key=us-wi-regs-official--agency-dcf--DCF 21.09}

Chapter DCF 37 INFORMATION TO BE PROVIDED TO OUT-OF-HOME CARE PROVIDERS

Wis. Admin. Code § DCF 37.01 Authority and purpose {#sec-dcf-37.01 omnilex-key=us-wi-regs-official--agency-dcf--DCF 37.01}

Wis. Admin. Code § DCF 37.02 Definitions {#sec-dcf-37.02 omnilex-key=us-wi-regs-official--agency-dcf--DCF 37.02}

Wis. Admin. Code § DCF 37.03 Information to be provided to an out-of-home care provider by the placing agency {#sec-dcf-37.03 omnilex-key=us-wi-regs-official--agency-dcf--DCF 37.03}

Wis. Admin. Code § DCF 37.04 Exceptions {#sec-dcf-37.04 omnilex-key=us-wi-regs-official--agency-dcf--DCF 37.04}

Wis. Admin. Code § DCF 37.05 Confidentiality {#sec-dcf-37.05 omnilex-key=us-wi-regs-official--agency-dcf--DCF 37.05}

Chapter DCF 39 RELINQUISHING CUSTODY OF A NEWBORN CHILD

Wis. Admin. Code § DCF 39.01 Authority and purpose {#sec-dcf-39.01 omnilex-key=us-wi-regs-official--agency-dcf--DCF 39.01}

Wis. Admin. Code § DCF 39.02 Initial applicability {#sec-dcf-39.02 omnilex-key=us-wi-regs-official--agency-dcf--DCF 39.02}

Wis. Admin. Code § DCF 39.03 Definitions {#sec-dcf-39.03 omnilex-key=us-wi-regs-official--agency-dcf--DCF 39.03}

Wis. Admin. Code § DCF 39.04 Relinquishing custody of a newborn {#sec-dcf-39.04 omnilex-key=us-wi-regs-official--agency-dcf--DCF 39.04}

Wis. Admin. Code § DCF 39.05 Taking a newborn into custody {#sec-dcf-39.05 omnilex-key=us-wi-regs-official--agency-dcf--DCF 39.05}

Wis. Admin. Code § DCF 39.06 Court authority upon relinquishment {#sec-dcf-39.06 omnilex-key=us-wi-regs-official--agency-dcf--DCF 39.06}

Wis. Admin. Code § DCF 39.07 Health and safety of a newborn upon relinquishment {#sec-dcf-39.07 omnilex-key=us-wi-regs-official--agency-dcf--DCF 39.07}

Wis. Admin. Code § DCF 39.08 Anonymity and confidentiality {#sec-dcf-39.08 omnilex-key=us-wi-regs-official--agency-dcf--DCF 39.08}

Wis. Admin. Code § DCF 39.09 Responsibilities of a person taking custody of a newborn {#sec-dcf-39.09 omnilex-key=us-wi-regs-official--agency-dcf--DCF 39.09}

Wis. Admin. Code § DCF 39.10 Responsibilities of emergency medical service providers {#sec-dcf-39.10 omnilex-key=us-wi-regs-official--agency-dcf--DCF 39.10}

Wis. Admin. Code § DCF 39.11 Procedures for being identified as a parent of a newborn {#sec-dcf-39.11 omnilex-key=us-wi-regs-official--agency-dcf--DCF 39.11}

Wis. Admin. Code § DCF 39.12 Immunity from liability {#sec-dcf-39.12 omnilex-key=us-wi-regs-official--agency-dcf--DCF 39.12}

Wis. Admin. Code § DCF 39.13 Medical assistance eligibility {#sec-dcf-39.13 omnilex-key=us-wi-regs-official--agency-dcf--DCF 39.13}

Chapter DCF 40 REVIEW OF A DETERMINATION OF CHILD ABUSE OR NEGLECT

Wis. Admin. Code § DCF 40.01 Purpose {#sec-dcf-40.01 omnilex-key=us-wi-regs-official--agency-dcf--DCF 40.01}

Wis. Admin. Code § DCF 40.02 Definitions {#sec-dcf-40.02 omnilex-key=us-wi-regs-official--agency-dcf--DCF 40.02}

Wis. Admin. Code § DCF 40.03 Review of an initial determination {#sec-dcf-40.03 omnilex-key=us-wi-regs-official--agency-dcf--DCF 40.03}

Wis. Admin. Code § DCF 40.04 Final determination and hearing procedures {#sec-dcf-40.04 omnilex-key=us-wi-regs-official--agency-dcf--DCF 40.04}

Wis. Admin. Code § DCF 40.05 Other requirements {#sec-dcf-40.05 omnilex-key=us-wi-regs-official--agency-dcf--DCF 40.05}