Section 59.03. Administration and management.

 

(1)   Publicly operated facilities.

(a) Application.

1.

a. A county wanting to operate a public shelter care facility, including a hold-over room, shall apply to the department for a license on forms provided by the department. The application shall be signed by the chairperson of the county board of supervisors and the presiding juvenile court judge. A hold-over room license applicant shall be a county department under s. 46.15 , 46.22 or 46.23 , Stats., or a county sheriff's department, as designated by the chairperson of the county board and the judge of the juvenile court.

b. Except in the case of a hold-over room, 2 or more counties may cooperate to provide shelter care. A joint application shall be signed by the chairperson of the county boards of supervisors and the presiding juvenile court judges for all of the cooperating counties.

2.

a. A county may apply to operate more than one family, small group or large group shelter care facility, but a separate application shall be submitted for each facility and each facility shall be licensed separately.

b. A county may apply to operate one or more hold-over rooms in the county under one license.

3. If the applicant meets the requirements contained in these rules, a license shall be issued which specifies the location of the shelter care facility, the sex, age and number of children it may receive, and the expiration date and any other conditions placed on the facility.

4. Application for license renewal shall be submitted by the licensee at least 60 days prior to the expiration of the current license and 30 days prior to any change in the location of the facility.

5. A licensee shall provide with the first application and renewal any information specified by the department to demonstrate that the facility meets the requirements of these rules.

6. The application should also include the name and address of the superintendent of the shelter care for the county(s) served, and the name and address of the unit supervisor of the facility.

(b) Insurance.

1. Persons making application for a license to operate a public shelter care facility shall provide the department with information indicating the manner in which the facility will insure its liability risks and protect its assets.

2. The licensee will be responsible for obtaining protection for any liability which may result when children are being transported by the licensee or its agents.

(c) Financial records. The publicly operated shelter care facility shall upon request provide the department with financial records or statements relating to the financial operation of the facility.

(2)   Privately operated shelter care facilities.

(a) Application.

1. Persons applying for a license to operate a private shelter care facility shall do so on forms provided by the department. The application shall be signed by the individual or authorized representative of the corporation making application and counter-signed by the juvenile court judges of the county(s) in which the person intends to operate the facility.

2. Corporations may apply to operate one or more family, small group or large group shelter care facilities, but each facility shall be licensed separately.

3. Individuals may apply to operate only one family or small group shelter care facility.

4. If the applicant meets the requirements contained in the rules, a license shall be issued which specifies the location of the shelter care facility, the sex, age and number of children it may receive, the expiration date and any other conditions placed on the facility.

5. A new application for license renewal shall be submitted by the licensee at least 60 days prior to expiration of the current license or 30 days prior to any change in the name of the licensee or location of the facility.

6. The following materials shall accompany the first application for a license.

a. Copies of the articles of incorporation, constitution and by-laws of a corporation applying for licensure.

b. Information as specified by the department to demonstrate that the facility meets the requirements of these rules.

c. The applicant shall provide evidence of the availability of funds to carry the shelter care facility through the first 6 months of operation. Such evidence is not limited to actual cash or credit but may be evidence of the intent of the juvenile court to use the shelter care facility to the extent that a minimum necessary population will be maintained.

7. The name, addresses and titles of the board members and the name of the executive of a corporation applying for a license, and the name and address of the superintendent(s) of shelter care for the county(s) served, and of the unit supervisor for the facility.

(b) Written agreement. Any person applying for a license to operate a private shelter care facility shall present with the application a written agreement between the person making application and the chairperson(s) of the county board(s) and the judge(s) of the juvenile court(s) of the county(s) in which service will be provided. The agreement must provide, in addition to any other condition established by the parties that:

1. The person operating the facility(s) will only accept into care those children referred by the juvenile court(s) of the county(s) served, or whose placement is approved by the court(s).

2. The person operating the facility(s) will act under the jurisdiction and supervision of the juvenile court(s) of the county(s) served, and will abide by any policies established by the court(s) which are not in conflict with these rules.

3. In addition, the agreement shall specify the financial and other responsibilities of each party.

(c) Insurance.

1. All licensees shall carry sufficient forms and amounts of available insurance to insure the liability risks of the facility in the provision of services and to give reasonable protection to its assets.

2. All licensees shall be responsible for providing liability insurance for all situations in which children are transported by the licensee or its agents.

(d) Corporation operated shelter facilities.

1. Incorporation.

a. Any body of persons wishing to operate a corporation operated shelter care facility or series of shelter care facilities shall be incorporated in accordance with the laws of the state of Wisconsin.

b. Any corporation which is incorporated outside of Wisconsin shall secure authorization from the secretary of state to do business in Wisconsin.

2. Board of directors.

a. Each corporation shall be governed by a board of directors which is responsible for the operation of the corporation according to its defined purpose.

b. No member of this board shall be an employee of the corporation or the spouse of an employee, unless the corporation is a non-profit, non-stock corporation incorporated in Wisconsin for the sole purpose of operating one shelter care facility.

3. The board shall:

a. Establish written procedures for operation of the facility under the direction of the juvenile court judge and the superintendent of shelter care of the county in which the facility is located, or the committee of judges when 2 or more counties cooperated to provide shelter care.

b. Exercise trusteeship for property, investments, and protection from liability.

c. Approve the budget and be responsible for obtaining and disbursing funds.

d. Designate an executive and delegate to the executive responsibility for the administration of all shelter care facilities operated by the corporation.

e. Establish a plan for maintaining a continuing relationship with the community in which the facility is located for the purpose of promoting a better understanding and acceptance of the shelter care facility.

f. The board shall contain 2 seats for persons 17 years of age or younger who may vote on all issues relating to the care of children in shelter care.

4. Financial arrangements.

a. The board with the executive shall be responsible for the secure and judicious use of funds for shelter care. Policies and practices shall be in accord with sound budgeting, disbursement and audit control procedures.

b. Each corporation shall have a sound written plan of financing to assure sufficient funds to enable it to carry out its defined purposes and to provide proper care.

c. The corporation shall maintain a system of business management and staffing to assure maintenance of complete and accurate accounts, books and records.

d. Upon request, the corporation shall provide the department with a confidential balance sheet and financial records or financial statements.

5. Operation of multiple facilities.

a. Corporations which apply for licenses to operate more than one facility shall provide in addition to the information required for licensing individual facilities, any information specified by the department which demonstrates the ability of the corporation to operate multiple facilities.

b. The department may deny licensure for one or more facilities operated by a corporation or may sanction any one or more facilities, or, for cause, may sanction or deny licensure to the corporation as a whole.

(e) Individually operated facilities. An individual or individuals applying for a license to operate a private shelter care facility shall include with their application a proposed budget for the facility, indicating expected sources of income and projects costs.

(3)   Responsibility to superintendent of shelter care.

(a) Each county operating a hold-over room or other shelter care facility shall appoint a superintendent of shelter care. The superintendent of shelter care may be at the same time the unit supervisor of a hold-over room or other public shelter care facility.

(b) The unit supervisor of any private or public shelter care facility and the executive of any corporation operated shelter care facility shall be responsible to the superintendent of shelter care for implementing the policies established by the juvenile court judge pursuant to s. 938.22 (1) (b) and (3) (a) , Stats.

History: Cr. Register, June, 1978, No. 270 , eff. 7-1-78; renum. from PW-CY 45.02 and am. (3) (b), Register, December, 1982, No. 324 , eff. 1-1-83; emerg. r. and recr. (1) (a) 1., 2., (3) (a), eff. 12-1-93, r. and recr. (1) (a) 1., 2., (3) (a), Register, September, 1994, No. 465 , eff. 10-1-94; correction in (3) (b) made under s. 13.93 (2m) (b) 7., Stats., Register, December, 1999, No. 528 .

Note

An application for a license may be obtained by writing or telephoning any field office listed in Appendix A. Microsoft Windows NT 6.1.7601 Service Pack 1 An application for a license may be obtained from the department's website at http://www.dhfs.wisconsin.gov or by writing or telephoning any field office listed in Appendix A. Microsoft Windows NT 6.1.7601 Service Pack 1 For copies of any forms required under this chapter, including license application forms, F-82064, CFS-0384 and JI-03, contact a regional licensing representative of the Department's Division of Safety and Permanence, or write Bureau of Permanence and Out-of-Home Care, P.O. Box 8916, Madison, WI 53708-8916. Microsoft Windows NT 6.1.7601 Service Pack 1