Section 57.19. Admissions.

 

(1)  A child may not be admitted to a group home except under a written voluntary agreement or court order.

(2)  Except as provided in sub. (2m) , admission of a child under a voluntary agreement may not exceed 15 days from the date the child was removed from the home and may not be extended.

(2m)  An admission of a custodial parent or expectant mother may be under a voluntary placement agreement for no longer than 180 days from the date on which the child was removed from the home under the agreement. A placement agreement under this subsection may be extended if an independent reviewing agency, such as an agency licensed under s. 48.61 (3) , Stats., or a county department, determines that the extension would be in the best interests of the resident and if the resident and the resident's parent or guardian consent to the extension.

(3)  If a placing agency places a child in a group home, the agency shall enter a written agreement with the licensee. The agreement shall include all of the following pursuant to s. 48.64 (1m) , Stats.:

(a) That the agency shall have access at all times to the child and the group home.

(b) That the child will be released to the placing agency whenever the agency or the department finds that the best interest of the child requires it.

(4)  Admission decisions shall be in accordance with the group home program statement, the compatibility of the child with the group home and the policies and procedures of the group home, and this chapter.

(5)  

(a) Except as provided in par. (b) , there shall be no more than 4 years difference in the ages of the children admitted to the group home as residents.

(b) The age difference limitation stated in par. (a) does not apply to children admitted to a group home licensed for respite care or for homeless and runaway youth.

(6)  A group home may admit a child 18 years of age or over, but under 21 years of age, if any of the following circumstances exist:

(a) The group home will not have more than 2 children under s. DCF 57.04 (6) (b) to (e) .

(b) The group home has a license to serve a resident population that is 18 years of age or over, but under 21 years of age, and is transitioning to independence.

(c) The department has granted an exception under s. DCF 57.02 to allow the group home to admit or continue the admission of the child. If the group home does not have a license specified in par. (b) , an exception is required before the group home may admit or provide care for more than 2 children under s. DCF 57.04 (6) (b) to (e) .

(7)  Each child admitted to a group home as a resident shall have had a health examination performed by an individual licensed to perform the examination no more than one year before being admitted to the group home or shall have the examination within 30 days after the date of admission if the consent required under s. DCF 57.25 (1) has been obtained. Documentation of the examination shall be maintained in the resident's record as required in s. DCF 57.38 (1) (i) 3.

(8)  Before or upon admission to a group home each resident shall be provided with all of the following:

(a) Information on exits and evacuation routes.

(b) Oral notification and a written copy of the resident rights specified in s. DCF 57.24 . If the resident is 17 years of age or younger, a copy shall also be made available to the resident's parent or guardian, and legal custodian, if available.

(c) A copy of the house rules developed under s. DCF 57.05 (2) (k) . A copy of the house rules shall also be provided to the resident's parent, guardian, or legal custodian, as appropriate.

(9)  Upon receipt of a notice of revocation of the group home license and during any revocation proceedings that may result, the licensee may not admit a child as a resident except as provided in s. DCF 57.56 (2) .

CR 04-067 : cr. Register September 2005 No. 597 , eff. 1-1-06; corrections in (7), (8) (b), (c) and (9) made under s. 13.92 (4) (b) 7. , Stats., Register November 2008 No. 635 ; EmR1414 : emerg. r. and recr. (6), eff. 8-1-14; CR 14-054 : r. and recr. (6) Register April 2015 No. 712 , eff. 5-1-15.

Note

A licensee of an existing group home may request a license amendment under s. DCF 57.515 (2) . Microsoft Windows NT 6.1.7601 Service Pack 1 The cross-references to s. DCF 57.04 (6) (b) to (e) in pars. (a) and (c) are incorrect. Section DCF 57.04 (6) as created by emergency rule, EmR1414 , contained paragraphs (a) to (e), but that text was modified in the final permanent rule, CR 14-054 , to no longer contain paragraphs (a) to (e). This subsection, s . DCF 57.19 (6 ), was created by EmR1414 and not modified in CR 14-054 to take into account the changes to s. DCF 57.04 (6) by CR 14-054 . Section s. DCF 57.04 (6) , as created by EmR1414 read as shown below. This subsection will be corrected by future rulemaking. Microsoft Windows NT 6.1.7601 Service Pack 1 DCF 57.04 (6) "Child" is a person who is under 21 years of age, is under juvenile court jurisdiction or other court order, and any of the following: Microsoft Windows NT 6.1.7601 Service Pack 1 (a) The person is under 18 years of age. Microsoft Windows NT 6.1.7601 Service Pack 1 (b) The person is 18 years of age or over, but under 19 years of age; a full-time student at a secondary school or its vocational or technical equivalent; and reasonably expected to complete the program before reaching 19 years of age. Microsoft Windows NT 6.1.7601 Service Pack 1 (c) The person turned 18 years of age on or after August 1, 2014, but is under 21 years of age; the person is a full-time student at a secondary school or its vocational or technical equivalent; and there is an individualized education program under s. 115.787 , Stats., in effect for the person. Microsoft Windows NT 6.1.7601 Service Pack 1 (d) The person is under 19 years of age, and a court order was entered when the person was under 18 years of age that places or continues the placement of the person for care and maintenance until the date that is one year or less after the date on which the order was entered. Microsoft Windows NT 6.1.7601 Service Pack 1 (e) The person is 18 years of age or over, but under 21 years of age, and is placed under another state's placement and care responsibility under 42 USC 675 (8) (B) (iv). Microsoft Windows NT 6.1.7601 Service Pack 1