Current through August 26, 2024
(1) NEED DETERMINATION BEFORE LICENSE
APPLICATION. No person may apply for a license to operate a new group home or
for an amendment to a license 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 or
amendment of the license and has certified in writing that a need exists for
the proposed additional placement resources.
(2) DOCUMENTATION OF NEED. An applicant for a
determination of need under sub. (1) shall submit all of the following
documents to the department:
(a) A statement
of support by one or more counties, the division of Milwaukee child protective
services, or the department of corrections stating that the proposed additional
placement resources are needed.
(b)
A detailed description of the why there is a need for this particular group
home and any facts that support the applicant's assertion for that
need.
(c) A detailed plan for the
operation of the proposed group home that includes all of the following:
1. The number, sex, and age range of the
children to be served.
2. The type
of needs or disabilities of children to be served.
3. Number of staff listed by job title,
degree or certification, and full-time or part-time status.
4. A description of the proposed program and
treatment goals.
5. The location of
the group home and a drawing of the layout of the physical plant.
Note: Send the determination of need
documentation to the Department of Children and Families, Bureau of Permanence
and Out-of-Home Care, Child Welfare Licensing Section, 201 W. Washington
Avenue, P.O. Box 8916, Madison, WI 53708-8916.
(3) DEPARTMENT DETERMINATION.
(a) The department shall review an
applicant's documents for completeness and may ask the applicant for additional
information that the department considers necessary to make the determination
of need.
(b) Within 90 days after
the date on which the department received all required documents and
information from an applicant, the department shall send written notice of its
determination of need to the applicant. The notice shall state the specific
reason for the determination. If the department determines that the proposed
additional placement resources are needed, the notice shall be accompanied by
the department's certification of need.
(c) The department shall consider an
application that remains incomplete for a 90-day period after receipt of any
documentation to be withdrawn.
Note: A certification of need allows a person
to apply for a group home license. It does not guarantee that the department
will issue a license nor does it guarantee any placements.
(4) APPEAL.
(a) An applicant or a party adversely
affected by a determination issued under sub. (3) 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 sub. (3).
(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.
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.
