Section 59.01. Introduction.

 

(1)   Purpose. The purpose of this chapter is to protect and promote the health, safety and welfare of children in shelter care facilities.

(2)   To whom the rules apply. This chapter applies to all persons making application to the department for a license to provide shelter care.

(3)   Responsibility of the department. The department shall evaluate the applicant, issue a license if the applicant is qualified, and supervise the licensee to ensure continued compliance with this chapter.

(4)   Exception to rules. The department may make exceptions to any of the rules for licensing shelter care facilities when the department is assured that granting such exceptions is not detrimental to the health, safety and welfare of children in shelter care, except that exceptions may not be made to s. DCF 59.03 (2) (b) or to s. DCF 59.05 (2) or (3) .

(5)  

(a) Compliance with administrative rules and laws. A person who is licensed under this chapter shall operate the shelter care facility in compliance with this chapter, the provisions of the license, and applicable state, federal, and local law.

(b) A shelter care facility for more than 8 children shall comply with the Wisconsin Commercial Building Code and applicable local ordinances.

(6)   Types of facilities.

(a) There shall be 4 types of shelter care facilities:

1. Hold-over rooms for one or 2 children;

2. Family shelter care facilities that house from one to 4 children;

3. Small group shelter care facilities that house 5 to 8 children; and

4. Large group shelter care facilities that house 9 to 20 children.

(b) Any shelter care facility licensed or approved by the department under rules for licensing child welfare institutions to house more than 20 children at the time this chapter goes into effect may continue to house the number of children for which it has been approved.

(7)   Individually licensed. All shelter care facilities shall be individually licensed, even though more than one may be owned or operated by the same person.

(8)   Multiple licensing. A facility licensed under s. 48.62 or 48.625 , Stats., as a family foster home or group home by a county department of social services or the department may be licensed to concurrently provide shelter care as long as the applicant can show to the satisfaction of the department that the facility is capable of providing both types of care without lowering the level or services for any resident of the facility. Persons operating a facility with multiple licenses shall designate particular beds within the living unit for each type of service provided.