Section DCF 57.485 - Determination of need(1) NEED DETERMINATION BEFORE LICENSE APPLICATION. No person may apply for a license to operate a new group home or for an amendment to a license that would increase the bed capacity of an existing group home until the department has reviewed the need for the additional placement resources that would be made available by the issuance or amendment of the license and has certified in writing that a need exists for the proposed additional placement resources.(2) DOCUMENTATION OF NEED. An applicant for a determination of need under sub. (1) shall submit all of the following documents to the department: (a) A statement of support by one or more counties, the division of Milwaukee child protective services, or the department of corrections stating that the proposed additional placement resources are needed.(b) A detailed description of the why there is a need for this particular group home and any facts that support the applicant's assertion for that need.(c) A detailed plan for the operation of the proposed group home that includes all of the following: 1. The number, sex, and age range of the children to be served.2. The type of needs or disabilities of children to be served.3. Number of staff listed by job title, degree or certification, and full-time or part-time status.4. A description of the proposed program and treatment goals.5. The location of the group home and a drawing of the layout of the physical plant. Note: Send the determination of need documentation to the Department of Children and Families, Bureau of Permanence and Out-of-Home Care, Child Welfare Licensing Section, 201 W. Washington Avenue, P.O. Box 8916, Madison, WI 53708-8916.
(3) DEPARTMENT DETERMINATION. (a) The department shall review an applicant's documents for completeness and may ask the applicant for additional information that the department considers necessary to make the determination of need.(b) Within 90 days after the date on which the department received all required documents and information from an applicant, the department shall send written notice of its determination of need to the applicant. The notice shall state the specific reason for the determination. If the department determines that the proposed additional placement resources are needed, the notice shall be accompanied by the department's certification of need.(c) The department shall consider an application that remains incomplete for a 90-day period after receipt of any documentation to be withdrawn. Note: A certification of need allows a person to apply for a group home license. It does not guarantee that the department will issue a license nor does it guarantee any placements.
(4) APPEAL. (a) An applicant or a party adversely affected by a determination issued under sub. (3) may request an administrative hearing under s. 227.42, Stats., from the department of administration's division of hearings and appeals by submitting a written request for hearing to that office so that it arrives there within 30 days after the date of the notice under sub. (3).(b) The standard of review for the hearing shall be whether the record contains the quantity and quality of evidence that a reasonable person could accept as adequate to support the decision.Wis. Admin. Code Department of Children and Families DCF 57.485
EmR1034: emerg. cr., eff. 9-2-10; CR 10-105: cr. Register July 2012 No. 679, eff. 8-1-12.Amended by, correction in (2) (a) made under s. 13.92(4) (b) 6, Stats., Register September 2016 No. 729, eff. 10/1/2016Correction in (4) (Note) made under s. 13.92(4) (b) 7, Stats., Register March 2018 No. 747, eff. 4/1/2018Amended by, correction in (2) (c) (Note) made under s. 13.92(4) (b) 7, Stats., Register March 2021 No. 783, eff. 4/1/2021A request for a hearing may be mailed to Division of Hearings and Appeals, P.O. Box 7875, Madison, WI 53707-7875 or faxed to (608) 264-9885. A copy of the request should be sent to Department of Children and Families, Division of Safety and Permanence, P.O. Box 8916, Madison, WI 53703-8916.