Current through August 26, 2024
(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:
1. The number, sex, and age range of the
children to be served.
2. The type
or types of needs or disabilities of children to be served.
3. The center staffing, including a list of
full-time and part-time positions by job titles and numbers.
4. A description of the proposed program and
treatment goals.
5. A proposed
budget, including the current or projected per diem rate.
6. 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.
1. The department shall review the
applicant's documents and information for completeness and may ask the
applicant for additional materials or information that the department considers
necessary for evaluation purposes.
2. Except as provided under subd. 3., the
administrator of the department's division of safety and permanence or a
designee shall make the need determination decision based on the following
criteria:
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.
3. An application for expansion of an
existing residential care center for children and youth by 3 or fewer
additional beds shall be presumed to meet the criterion under subd. 2. d.
unless at least one of the following is true:
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.
1.
Within 90 calendar days after the date on which all required documents and
information were received from an applicant, the department shall send written
notice of its determination of need to the applicant and to anyone who
commented under sub. (6) (b) on the application. The notice shall state the
specific reason for the determination.
2. If the department determines that there is
need for additional beds, the notice shall be accompanied by the department's
certification that a need exists for the proposed new placement resources which
entitles the person to apply for a license to operate a new center or to apply
for an amended license that will permit the addition of beds at an existing
center.
3. The duration of the
approval under subd. 2. shall be limited to 18 months from the date that it is
issued, except that the department may grant one 6-month extension if the
approved applicant has a good reason for the delay in becoming operational and
documents to the satisfaction of the department that it will be operational
within that 6-month period. Any request for extension shall be filed before
expiration of the initial 18-month period. If the proposed center is not
operational during that 18-month time period, or the extended period, the need
determination shall be considered invalid and the approval shall be cancelled.
In this subdivision, "operational" means in regard to a new center that the
center has been licensed under s. DCF 52.62 and that all approved beds meet
requirements for operation, and in regard to expansion of an existing center
that all additional beds meet requirements for operation and the center is
licensed under s. DCF 52.62 to operate with the additional beds. An acceptable
reason for an extension under this subdivision shall include unforeseen delay
in obtaining adequate financing approval, in staffing or in
construction.
(c)
Appeal.
1. An applicant or a
party adversely affected by a determination issued under par. (b) 1. may
request an administrative hearing under s.
227.42, Stats.,
from the department of administration's division of hearings and appeals by
submitting a written request for hearing to that office so that it arrives
there within 30 days after the date of the notice under par. (b).
2. The standard of review for the hearing
shall be whether the record contains the quantity and quality of evidence that
a reasonable person could accept as adequate to support the decision.
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.
