Wisconsin Administrative Code
Department of Children and Families
DCF 021-99 - Safety and Permanence
Chapter DCF 54 - Child-Placing Agencies
Section DCF 54.02 - Organization and administration
Universal Citation: WI Admin Code ยง DCF 54.02
Current through August 26, 2024
(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:
1. Meet
in Wisconsin at least once during the period for which the license is issued,
or
2. 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:
1. 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.
2. Meet at least semiannually and keep
minutes of each meeting which shall be made a part of the permanent records of
the agency.
3. Keep informed to
ensure that the agency fulfills its functions.
4. 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.
5. Notify the
department when there is a change in the executive of the agency and/or the
chief officer of the board.
6.
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.
(c) The following material shall accompany
the first application for a license:
1. A
copy of the articles of incorporation and if existent, a copy of the
constitution and by-laws.
2.
Evidence of the availability of funds to carry the agency through the first
year of operation.
3. 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.
4. A
general description of each type of position proposed for the agency.
5. A proposed organization chart insuring
that there will be staff in number and qualifications for the scope of the
agency services.
6. A list of board
members including the addresses of the officers of the board.
7. 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:
1. At least 30
days prior to the continuation date of the current license.
2. When an additional office is to be
opened.
3. When a new program
subject to licensing is to be initiated.
4. When the geographic area served is to be
extended.
5. When the address of
the agency is to be changed.
6.
When the name of the agency is to be changed.
(e) Subsequent applications shall be sent
with the following materials:
1. Copies of
the annual reports published since the last license was issued.
2. The budget for the current fiscal year and
the most recent financial audit.
3.
A list of the current members of the board of directors and its
committees.
4. The number, names,
qualifications and classifications of current staff.
5. A copy of the current staff organization
chart.
6. A description of any
program review and evaluation and changes in program content and purpose which
have occurred since the last license was issued.
7. 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.
8. A copy of any revisions of personnel
practices that have been made since the last license was issued.
9. 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:
1. The subject of a pending criminal charge
for an action that substantially relates to the care of children or activities
of the center.
2. Convicted of a
felony, misdemeanor or other offense that substantially relates to the care of
children or activities of the center.
3. 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.
4. The subject of a substantiated finding of
misconduct in the department's nurse aide registry under s.
DHS 129.10.
5.
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.
6. Had a child welfare agency, group home or
shelter care facility license revoked or denied within the last 5
years.
7. Violated any provision of
this chapter or ch. 48, Stats., or fails to meet the minimum requirements of
this chapter.
8. Made false
statements or withheld information.
9. Failed to comply with the requirements in
s.
DCF 54.09(1) and
(3).
(b)
Appeals.
1. 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.
2. 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.
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 field office listed in Appendix A.
(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:
1. Have sufficient funds
assured to carry a new agency through its first year of operation and be able
to furnish evidence to that effect.
2. 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.
3. 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.
4. 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.
Disclaimer: These regulations may not be the most recent version. Wisconsin may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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