Statement of Scope
Department of Children and Families
Relating to:
Shelter Care Facilities
Rule Type:
Permanent
This statement of scope was approved by the governor on
February 9, 2015
.
1. Finding/nature of emergency (for emergency rules only)
NA
2. Detailed description of the objective of the proposed rule
The proposed rule will repeal and recreate the department’s licensing rule
for shelter care facilities
in
ch.
DCF 59
. Chapter
DCF 59
h
as not been substantially updated
since it was created in 1978.
The proposed rule will
include
statutory updates and modern best practices
for shelter care facilities
on
admission and discharge,
care of children, physical environment and safety, administration and personnel, and licensing and enforcement
.
To improve the clarity of all of the department’s child welfare licensing rules, the proposed rule will use language and organization that is the same or similar to what will be in the proposed rules for other department child welfare licensing rules that are also being repealed and recreated.
A shelter care facility is a
nonsecure
place of temporary care and
physical custody for children.
3. Detailed explanation of statutory authority for the rule
Section
48.67 (intro.)
, Stats., provides that the department shall promulgate rules establishing the minimum requirements for the issuance of licenses to
,
and establishing standards for the operation of
,
shelter care facilities.
Those rules shall be designed to protect and promote the health, safety, and welfare of the children in the care of all licensees.
Section
227.11 (2) (a)
, Stats., expressly confers rule-making authority on each agency to promulgate rules interpreting the provisions of any statute enforced or administered by the agency.
4. Estimate of amount of time that state employees will spend developing the rule and of other resources necessary to develop the rule
300 hours
5. List with description of all entities that may be affected by the proposed rule
Shelter care facility licensees and applicants
,
count
y departments of social services,
county departmen
ts of health and human services,
tribes,
and
child-placing agencies
.
6. Summary and preliminary comparison with any existing or proposed federal regulation that is intended to address the activities to be regulated by the proposed rule:
There are no federal requirements directly related to licensing shelter care facilities, but
standards
for
reimbursement of
state child welfare ex
penses
under Title IV-E of the Social Security Act
may
be relevant on some issues.
7. Anticipated economic impact of implementing the
rule (note if the rule is likely to have a significant economic impact on small businesses):
Minimal
effect
Contact Person:
Mary Morse, Child Welfare
Program
Specialist
Licensing Section
Bureau of Permanence and Out-of-Home Care
(
262
)
548-8694
