Section 56.02. Applicability.

 

(1)   To whom the rules apply. This chapter applies to all persons proposing to provide or who are providing foster care for children in a foster home and to the department; county agencies under s. 46.215 , 46.22 , or 46.23 , Stats.; and licensed private child-placing agencies.

(2)   Exception to a requirement.

(a) Licensing agency authority.

1. A licensing agency may grant an exception to any requirement in this chapter if the licensing agency determines that the exception will not jeopardize the health, safety or welfare of the foster children, except that the licensing agency may not grant an exception to any of the following requirements: ss. DCF 56.04 (1) , (2) , (4) (a) 1. , 2. , 5. , 5m. , 8. , or 9. or (b) 2. , (6) , (7) or (8) , 56.05 (1) (a) , (b) 1. b. , 2. b. , d. , or g. , (c) 1. b. , c. , d. , e. , g. , h. , i. j. , k. , L. , m. , n. , or 2. , (d) , (f) , or (3) (a) , 56.06 , 56.07 (3) (a) , (4) (b) , (c) , (e) , (f) , (g) , or (h) , (5) (a) , (6) , or (10) (a) , 56.08 (1) , (2) , (3) , (4) , (5) , (6) (c) 1. , 2. , 3. or 4. a. , (7) (a) 3. , (8) (a) , or (c) , (10) , or (10m) , 56.09 (1) , (1g) , (1m) (a) to (e) , (2) (c) , (3) , (4) (c) , (d) or (dm) , (5) , (9) , (11) , or (12) (a) , (c) or (d) , 56.12 , 56.13 (1) , (2) , (3) , (4) (a) 1. , 2. , or (b) , (5) (a) , (b) 1. or 2. , (c) , (6) (a) , (b) 1. or 2. , (c) , (7) , (8) , 56.14 (1) , (2) , (3) , (4) , (5) , (6) , (6d) , (6h) , (6p) , (6t) , (7) , (7e) , (7m) , (7s) , (8) (a) or (b) 3. , 56.15 , 56.16 , 56.18 , 56.19 , 56.21 (2) , 56.22 , or 56.23 .

2. An applicant or licensee wanting an exception to a nonstatutory requirement in this chapter that the licensing agency has authority to grant shall submit a written request to the licensing agency stating the specific provision of this chapter for which an exception is requested, the justification for the requested exception and an explanation of any alternative provision planned to meet the intent of the requirement.

3. Any exception granted under subd. 2. or par. (b) shall be specifically cited on the license and shall be in effect only as long as the conditions under which the exception was granted remain but no longer than 2 years from the date on which the exception is granted or the date the license terminates, whichever occurs first, by which time the licensing agency shall determine if there is continued justification for the exception. In addition, the licensing agency may impose conditions to be met within a specified period of time by the licensee as an alternative to compliance with the requirement for which an exception has been granted.

(b) Department exceptions panel.

1. An applicant or licensee wanting an exception to a nonstatutory requirement in this chapter that the licensing agency may not grant may ask the department exceptions panel to grant the exception, with the approval of the licensing agency. A request for an exception under this paragraph shall be in writing on a form prescribed by the department.

2. Any request under subd. 1. shall include all of the following information:

a. The name of the applicant or licensee.

b. The address of the applicant or licensee.

c. The citation for the specific requirement for which an exception is requested.

d. The rationale for the request.

e. An explanation of any alternative provision planned to meet the intent of the requirement.

f. The signature of the applicant or licensee and the date on which the applicant or licensee signed the request.

3. The applicant or licensee shall submit the completed request form to the licensing agency.

4. The licensing agency's authorized representative shall, in the space provided on the request form, indicate whether he or she supports or does not support the exception request or supports some alternative to the request, shall justify that position and shall sign and date the request form.

5. If the licensing agency approves the request or some alternative to the request, the licensing agency shall submit the completed request form to the department within 10 working days after the agency's receipt of the request form from the applicant or licensee. The licensing agency shall not submit to the department any request that it does not support.

6.

a. The department exceptions panel shall, in writing, indicate its approval or disapproval of the request within 10 working days after the department receives the request form from the licensing agency and has all the information required to make its decision.

b. Notwithstanding subd. 6. a. , the department exceptions panel shall, in writing, indicate its approval or disapproval of an application for certification to operate a Level 5 foster home under s. DCF 56.13 (7) (a) within 45 working days after the department receives the application from the licensing agency and has all the information required to make its decision.

7.

a. The department exceptions panel shall consist of at least 3 persons who collectively are knowledgeable about the foster care program, licensing practices and any special needs of children who may be served by the applicant for an exception.

b. The chairperson of the panel shall be designated by the director of the department's bureau of permanence and out-of-home care.

c. The panel chairperson shall designate the remaining members of the panel.

(c) Non- safety-r elated waiver for relatives. The licensing agency or the department exceptions panel may grant a waiver to the following non-safety-related requirements for the relative of a child without an alternative provision to meet the intent of the requirement:

1. The licensing agency may grant a waiver to any requirement in s. DCF 56.04 (4) (a) 7. , 56.05 (4) , 56.07 (2) , (4) (a) 1. or 4. , (d) , (j) , (k) , (L) , (7) , or (8) , or 56.09 (4) (g) 1. , (6) , (7) , (8) , or (10) (b) , (c) , (d) , (e) , or (f) .

2. The department exceptions panel may grant a waiver to any requirement in s. DCF 56.04 (4) (a) 2. or 56.07 (4) (b) or (6) (b) . A request for a waiver shall follow the same procedure as a request for an exception under par. (b) , except an explanation of an alternative under par. (b) 2. e. is not required.

CR 00-020 : cr. Register February 2002 No. 554 , eff. 3-1-02; CR 03-033 : am. (2) (a) 1. Register December 2003 No. 576 , eff. 1-1-04; correction in (2) (a) 1. made under s. 13.92 (4) (b) 7. , Stats., Register November 2008 No. 635 ; EmR0937 : emerg. am. (2) (a) 1., (b) 5., 6., 7. b., cr. (2) (c), eff. 1-1-10; CR 10-021 : am. (2) (a) 1., (b) 5., 6., 7. b., cr. (2) (c) Register September 2010 No. 657 , eff. 10-1-10; EmR1050 : emerg. am. (1), (2) (a) 1., (c) 1., eff. 1-1-11; CR 10-148 : am. (1), (2) (a) 1., (c) 1., renum. (2) (b) 6. to be (2) (b) 6. a., cr. (2) (b) 6. b. Register August 2011 No. 668 , eff. 9-1-11.

Note

Copies of the Department's request form, "Application to DCF Exceptions Panel for Exception to Ch. DCF 56 ," can be obtained from the licensing agency or by visiting the Department's website at: http://dcf.wisconsin.gov/children/foster/forms/formsINDX.htm . Microsoft Windows NT 6.1.7601 Service Pack 1