Section 52.62. Licensing administration.

 

(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.

(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:

1. A copy of the certificate of need under s. DCF 52.61 (7) (b) .

2. A statement signed by the applicant agreeing to comply with this chapter.

3. A notarized statement signed by the applicant on a background information disclosure form, F-B2064, provided by the department of health services concerning any specified criminal conviction or pending charge.

4. 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.

5. 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.

6. The names, addresses and telephone numbers of 3 persons, other than relatives, who personally know the applicant.

7. A completed department-provided checklist indicating that the applicant complies with all requirements for initial licensure.

8. 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.

9. 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.

10. 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.

11. 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.

12. A copy of the approval of the center's electrical system by an inspector certified under ch. SPS 316 .

13. 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) .

14. 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.

15. A statement signed by the applicant specifying the geographical area to be served by the center, such as counties or states covered.

16. A financial statement with evidence of availability of funds to carry the center through the first year of operation.

17. 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.

1. 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.

2. 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:

1. A change in any of the licensee's powers and duties under s. 48.61 , Stats., that are covered by the license.

2. A change in the maximum number of residents or in the sex or age range of residents which the center will serve.

3. A change in the type of resident population served such as emotionally disturbed, sexual offender, developmentally disabled, alcohol or drug dependent or delinquent.

4. A change in the name of the center.

5. The licensee's name changes.

6. 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.

(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:

1. 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.

2. 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.

3. 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.

4. 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.

5. A person who has had a department-issued license revoked within the last 5 years.

6. 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.

7. 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.

8. A person who has violated any provision of this chapter or ch. 48 , Stats. , or fails to meet the minimum requirements of this chapter.

9. A person who has made false statements on the background information disclosure form completed under the requirements of ch. DHS 12 .

(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:

1. Failure of the licensee to maintain or restore environmental protection for the residents, such as heat, water, electricity or telephone service.

2. 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.

3. 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.

4. 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.

5. 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 of the department's refusal to issue a license or the department's revocation of a license. A request for a hearing is considered filed upon its receipt by the department of administration's division of hearings and appeals.

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.

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. Microsoft Windows NT 6.1.7601 Service Pack 1 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. Microsoft Windows NT 6.1.7601 Service Pack 1 Examples of charges and offenses the department or the department of health services will consider in making a determination under this paragraph that an act substantially relates 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. Microsoft Windows NT 6.1.7601 Service Pack 1 A request for hearing should be submitted by mail to the Division of Hearings and Appeals, P.O. Box 7875, Madison, Wisconsin 53707-7875, or should be delivered to the Division at 5005 University Ave., Room 201, Madison, WI, with a copy sent to the appropriate Department of Children and Families field office listed in Appendix D. Microsoft Windows NT 6.1.7601 Service Pack 1