Section 65.05. Duties of the administering agency.

 

(1)   Setting priorities for available funding.

(a) Administering agencies shall allocate available funding to families who meet eligibility requirements under s. DHS 65.04 on a first-come, first-served basis, except that an amount of funds may be reserved to ensure provision of goods and services to the following families:

1. Families in a crisis situation;

2. Families considering out-of-home placement for a child; and

3. Families planning to bring a child home from an out-of-home placement.

(b) An administering agency may not provide supportive services for a family whose disabled child is at least 21 but less than 24 years of age unless a request is submitted under s. DHS 65.07 and is approved by the department.

(2)   Developing application procedures.

(a) Administering agencies shall develop written application procedures which shall be provided to any family requesting services under this chapter.

(b) Application information required by the administering agency shall include:

1. The age of the child; and

2. A description of the child's disability or disabilities.

(3)   Conducting needs assessments. Within the limits of available funds, the administering agency shall conduct a family needs assessment for each family whose application for supportive services has been approved. The needs assessment shall be conducted as follows:

(a) The needs assessment shall be conducted by a person or persons who are knowledgeable about the child's condition;

(b) One or both parents shall participate in the needs assessment process;

(c) During the assessment process the child shall be seen by the person or persons conducting the assessment; and

(d) The assessment shall take place in the family home unless the family chooses another setting.

(4)   Developing service plans. Within the limits of available funds, the administering agency shall develop a written service plan for each family whose application for supportive services has been approved within 60 days after receipt of the application. The service plan shall include:

(a) A description of the child and the child's family;

(b) A description of the child's current living situation;

(c) A description of the supportive goods and services currently provided to the child and family;

(d) A description of unmet supportive goods and service needs;

(e) A list of the goods and services to be provided through the program and those provided through other public and private sources, along with a timetable and an estimate of the annual costs to the program for provision of the goods and services provided through it; and

(f) A written service plan participation agreement signed by the disabled child's parent or parents and a representative of the administering agency.

(5)   Coordinating publicly-funded programs for disabled children. The administering agency shall appoint a staff person whose responsibilities shall include coordinating the family support program and the use of its funds with other publicly-funded programs for disabled children.

(6)   Purchasing goods and services.

(a) Administering agencies shall use funds allocated under this chapter to purchase a broad range of goods and services within the following categories:

1. Architectural modification of the family home;

2. Child care;

3. Counseling and therapeutic resources;

4. Dental and medical care not otherwise covered by private medical insurance or public assistance programs;

5. Specialized diagnoses and evaluation;

6. Specialized diet, nutrition and clothing;

7. Specialized equipment and supplies;

8. Homemaker services;

9. In-home services and attendant care;

10. Home training and parent courses;

11. Recreation and alternative activities;

12. Respite care;

13. Transportation;

14. Specialized utility costs;

15. Vehicle modification; and

16. Other goods and services as approved by the department based on demonstrated family needs.

(b) Funds distributed under this chapter may be used only to provide those goods and services necessary to meet the family's unmet needs described under subs. (3) and (4) and to fund all or any part of the cost of services included in the family's service plan under sub. (4) .

(c) Funds distributed under this chapter may not be used to provide goods and services to a child in an out-of-home placement, except that funds may be used up to 6 months in advance of a child's planned return home to purchase goods and services described under subs. (3) and (4) and identified as necessary to facilitate the child's return home.

(d) Funds distributed under this chapter may not be used to supplant funds currently provided to the family from another funding source.

(7)   Parental payment limit. The administering agency shall determine the parental payment limit for family support services in accordance with s. DHS 1.065 .

(8)   Establishing the grant amount. The annual grant to a family shall be no less than the amount needed to meet the family's unmet needs as determined under sub. (3) , but may not exceed the lesser of the following:

(a) The level of financial need for goods and services determined according to the individual family needs assessment less the family's adjusted annual ability to pay as determined under sub. (7) ; or

(b) A sum of $3,000 for each disabled child in the family, unless a larger amount is authorized under s. DHS 65.06 .

(9)   Reporting program information. Program reporting shall be as follows:

(a) Each administering agency shall submit reports to the department that provide individual child and family information at the time of the initial needs assessment and at 6-month intervals following the initial needs assessment if changes have occurred; and

(b) Each administering agency shall submit fiscal reports as required by the department to show the types of services and goods needed by each family and the program dollars expended to provide each of those services.

(10)   Informing families of grievance procedures and departmental hearings.

(a) At the time that a family applies for the program and when the administering agency conducts the needs assessment and does service planning, the agency shall inform the family of the family's right to file a grievance in accordance with procedures established under s. 51.61 (5) , Stats., and ch. DHS 94 and of its right to request a departmental hearing under s. 227.42 , Stats., and s. DHS 65.08 .

(b) The administering agency shall make copies of the grievance procedures established under s. 51.61 (5) , Stats., and ch. DHS 94 available to each family that applies for the program.

(11)   Denying, reducing or terminating services. When an administering agency denies or reduces services to a family, or terminates a service plan participation agreement, the administering agency shall:

(a) Notify the family in writing of the reasons for the service denial or reduction or termination of the service plan participation agreement; and

(b) Give the family a copy of the grievance procedures established under s. 51.61 (5) , Stats., and ch. DHS 94 and written notice of the family's right to a departmental hearing under s. 227.42 , Stats., and s. DHS 65.08 .

History: Cr. Register, January, 1987, No. 373 , eff. 2-1-87; CR 08-017 : r. and recr. (7) Register June 2008 No. 630 , eff. 7-1-08; corrections in (7), (10) and (11) (b) made under s. 13.92 (4) (b) 7. , Stats., Register November 2008 No. 635 .