Section 12.03. Definitions.

  In this chapter:

(1)  "Adoption home study" means an evaluation of a prospective adoptive family under ch. DCF 51 or 54 .

(2)  "Agency" means the department, a county department or a school board or a child welfare agency licensed under s. 48.60 , Stats., as a child-placing agency.

(3)  "Background information disclosure form" means the department's form, F-82064, on which a person provides certain information concerning the person's background.

(4)  "Bar" means, as a noun, that a person is not permitted to receive regulatory approval, or be employed as a caregiver by or under contract with an entity, or to reside as a nonclient at an entity.

(5)  "Caregiver" has the meaning specified in s. 48.685 (1) (ag) or 50.065 (1) (ag) , Stats., whichever is applicable.

(6)  "Client" means a person who receives direct care or treatment services from an entity. For the purposes of this chapter, "client" includes an adopted child for whom an adoption assistance payment is being made under s. 48.975 , Stats.

(7)  "Contractor" has the meaning specified in ss. 48.685 (1) (ar) and 50.065 (1) (bm) , Stats.

(8)  "County department" means a county department of social services established under s. 46.215 or 46.22 , Stats., or a county department of human services established under s. 46.21 (2m) or 46.23 , Stats.

(9)  "Department" means the Wisconsin department of health services.

(10)  "Direct contact" has the meaning specified in ss. 48.685 (1) (ar) and 50.065 (1) (br) , Stats.

(11)  "Entity" has the meaning specified in s. 48.685 (1) (b) or 50.065 (1) (c) , Stats., whichever is applicable.

(12)  "Foster home" means any facility operated by a person required to be licensed under s. 48.62 (1) , Stats., in which care and maintenance are provided for no more than 4 foster children, or, if all are siblings, for no more than 6 children, and also includes a treatment foster home that also provides structured professional treatment by trained individuals, and a home licensed for placement of children for adoption under s. 48.833 , Stats., for whom adoption assistance will be provided under s. 48.975 , Stats.

(13)  "Hospital" means a facility approved as a hospital under s. 50.35 , Stats.

(14)  "Nonclient resident" has the meaning specified in ss. 48.685 (1) (bm) and 50.065 (1) (cn) , Stats.

(15)  "Personal care services" has the meaning given in s. 50.065 (1) (cr) , Stats.

(16)  "Regular" means, in terms of direct contact with clients, contact that is scheduled, planned, expected, or otherwise periodic.

(17)  "Regulatory approval" means:

(a) For purposes of s. 48.685 , Stats., any of the following:

1. Issuance by the department of a license or certification or the continuation or renewal of a license or certification, or approval of a prospective adoptive parent application for a home study.

2. Issuance or renewal by a county department or child-placing agency of a foster home or treatment foster home license under s. 48.62 or 48.75 , Stats., including a home licensed for placement of children for adoption under s. 48.833 , Stats., for whom adoption assistance will be provided under s. 48.975 , Stats., and includes approval of pre-adoptive applicants who contract for a home study with a licensed private child placing agency for approval of a placement of a child for adoption.

3. Approval by a school board under s. 120.13 (14) , Stats., of day care services established by or contracted with a day care provider.

(b) For purposes of s. 50.065 , Stats., issuance by the department of an entity license, certification, certificate of approval or registration, or approval by the department of the continuation of an entity license, certification, certificate of approval or registration.

(18)  "Rehabilitation review" refers to an agency or tribal process where a person who is eligible under s. 48.685 (5) (a) or 50.065 (5) , Stats., may seek the removal of a bar from regulatory approval, from employment as a caregiver at or contracting with an entity, or from residency at an entity.

(19)  "School board" means the school board or board of school directors in charge of the schools of a school district.

(20)  "Serious crime" has the meaning specified in s. 48.685 (1) (c) or 50.065 (1) (e) , Stats., whichever is applicable.

(20m)  "Substitute caregiver" means, with respect to a client who is receiving personal care services in the client's residence, an individual who provides personal care services to the client for 7 or fewer days in a 90-day period.

(21)  "Supportive home care service agency" means a home health agency licensed under s. 50.49 , Stats., and ch. DHS 133 .

(22)  

(a) "Treatment foster home" means a family-oriented facility operated by a person or persons required to be licensed under s. 48.62 (1) (b) , Stats., in which treatment, care and maintenance are provided for no more than 4 foster children.

(b) "Treatment foster home" includes a placement for adoption under s. 48.833 , Stats., of a child for whom adoption assistance will be provided under s. 48.975 , Stats., after adoption is finalized.

(c) "Treatment foster home" does not include a shift-staffed facility, except as permitted under s. DCF 38.02 (2) (d) .

(23)  "Tribal governing body" means an elected tribal governing body of a federally recognized American Indian tribe.

(24)  "Tribe" has the meaning specified in s. 50.065 (1) (g) , Stats.

(25)  "Under the entity's control" means an entity does all of the following:

(a) Determines whether a person employed by or under contract with the entity who has direct, regular contact with clients served by the entity may provide care, treatment, or other similar support service functions to clients.

(b) Directs or oversees one or more of the following:

1. The policies or procedures the person must follow in performing his or her duties.

2. The conditions under which the person performs his or her duties.

3. The tasks the person performs.

4. The person's work schedule.

5. The supervision or evaluation of the person's work or job performance, including imposing discipline or awarding performance awards.

6. The compensation the person receives for performing his or her duties.

History: Cr. Register, August, 2000, No. 536 , eff. 9-1-00 ; correction in (12) made under s. 13.93 (2m) (b) 7., Stats., Register, April, 2001, No. 544 ; corrections in (1), (3), (9), (15), (21) and (22) (c) made under s. 13.92 (4) (b) 6. and 7., Stats., Register November 2008 No. 635 ; EmR0832 : emerg. r. and recr. (15), cr. (20m), eff. 11-1-08; CR 08-098 : r. and recr. (15), cr. (20m) Register June 2009 No. 642 , eff. 7-1-09; correction in (24) made under s. 13.92 (4) (b) 7., Stats., Register December 2010 No. 659 .

Note

The term "treatment foster home" no longer appears in the statutes. Microsoft Windows NT 6.1.7601 Service Pack 1 Administrative rules governing county certified day care centers appear in ch. DCF 202 . Microsoft Windows NT 6.1.7601 Service Pack 1 The term "treatment foster home" no longer appears in the statutes. See also the note to s. DHS 12.03 (22) . Microsoft Windows NT 6.1.7601 Service Pack 1 Section 48.62 (1) (b), Stats., was repealed. The term "treatment foster home" no longer appears in the statutes. Microsoft Windows NT 6.1.7601 Service Pack 1