Section 57.57. Summary suspension of a license.

 

(1)  

(a) The department may close a group home by summarily suspending a regular or probationary license if the department believes the action is required to protect the health safety, and welfare of residents. Reasons for summary suspension include all 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 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 group home that directly threatens the health, safety or welfare of any child under the care of the licensee.

3. The licensee, an employee, a volunteer or any other person in regular contact with the residents in care has been convicted of, or has a pending charge for a crime against life or a crime of bodily injury.

4. A licensee, staff member, volunteer or any other person in regular contact with the residents in care is the subject of a current investigation for alleged child abuse or neglect under s. 48.981 , Stats.

5. The reasons specified under s. DCF 57.56 (1) (a) .

(b) Notice of summary suspension of a license may be written or verbal and shall specify the reason for the department action and the date the action becomes effective.

(2)  If the department determines that circumstances which caused the action in sub. (1) require the immediate relocation of the residents, the department shall order the licensee orally and in writing to relocate the residents to suitable housing and to notify for each resident, the placing agency and parent or guardian within 24 hours after relocating the resident into that housing.

(3)  Within 72 hours after the order in sub. (1) , the department shall either permit the reopening of the group home or proceed to revoke the group home's license.

(4)  The division of hearings and appeals shall hold a preliminary hearing within 10 working days after the effective date of the order in sub. (1) to determine if the license should remain suspended during revocation proceedings. The division of hearings and appeals shall give written notice of the hearing to the licensee and the department.

CR 04-067 : cr. Register September 2005 No. 597 , eff. 1-1-06; correction in (1) (a) 5. made under s. 13.92 (4) (b) 7. , Stats., Register November 2008 No. 635 .