Wis. Admin. Code DHS § DHS 82.04

Current through October 28, 2024
Section DHS 82.04 - Sponsor qualifications
(1) AGE AND ABILITY. The sponsor and every substitute provider shall be at least 18 years of age and shall be physically, emotionally and mentally capable of providing responsible adult family home care.
(2) PERSONAL QUALIFICATIONS. The sponsor and any substitute provider shall be persons who are responsible, mature and of reputable character, who exercise sound judgment and display the capacity to successfully care for developmentally disabled adults. An applicant for certification or a sponsor requesting renewal of certification shall provide any information requested by the certifying agency to assist in evaluating the applicant's, sponsor's or substitute provider's character and qualifications. In assessing character and qualifications, the certifying agency may consider evidence of abuse or fraud, substantial or repeated violations of applicable or related statutes and rules in the applicant's, sponsor's or substitute provider's operation of or employment in any care facility or service agency, or in the applicant's, sponsor's or substitute provider's care of dependent persons, and conviction within the previous 5 years of a crime substantially related to caring for a dependent population.
(3) FINANCIAL SECURITY. The sponsor shall present evidence of having or having access to sufficient financial reserves to meet the needs of all residents and of all members of the household for whom the sponsor is financially responsible and to ensure the adequate functioning of the home for a period of at least 30 days without receiving payment for the care of any resident.
(4) HEALTH.
(a) The sponsor and any substitute provider shall be in good health. Each applicant for initial certification or for recertification shall submit a statement from a physician certifying that a physical examination was completed and that the applicant does not have an illness or condition that would threaten the health, safety or welfare of residents or interfere with the person's capacity to provide care. The statement from a physician may not be dated more than 2 years prior to the date of the application. A statement from a physician which is contained in the applicant's children's foster home records and released by the applicant to the certifying agency may be substituted for the statement required in this paragraph.
(b) If the certifying agency suspects or has reason to believe that the applicant, sponsor, substitute provider or other household member may pose a threat to the health, safety or welfare of residents, the certifying agency may require a physical examination, an alcohol or drug abuse assessment or a mental health evaluation of the person as a condition of initial or continued certification.
(5) VEHICLE LIABILITY INSURANCE. An applicant or sponsor who plans to transport residents in his or her vehicle shall provide the certifying agency with documentation of current automobile liability insurance coverage. The sponsor shall maintain that coverage in force.
(6) TRAINING.
(a) Except as provided in pars. (c) and (d), the sponsor shall be enrolled in or have completed 8 hours of department-approved training related to the health, safety, welfare, rights and treatment of developmentally disabled residents during the first year after initial certification.
(b) Except as provided in pars. (c) and (d), the sponsor shall be enrolled in or have completed 12 hours of department-approved training related to health, safety, welfare, rights and treatment of developmentally disabled residents every 2 years beginning with the second year of certification.
(c) The certifying agency may require the sponsor to obtain training in amounts that exceed the minimum amounts required in pars. (a) and (b) and on particular topics that ensure that the sponsor is capable of protecting and promoting resident health, safety and welfare.
(d) The certifying agency may approve alternatives to the training requirements in pars. (a) and (b) if the sponsor requests a waiver and the certifying agency determines that:
1. The person has successfully completed substantially similar or related training;
2. The person has successfully completed course work or an academic degree program related to the care, maintenance and treatment of developmentally disabled persons or other persons in need of care, maintenance or treatment; or
3. The person has acquired substantial and up-to-date knowledge concerning care, maintenance and treatment and health, safety, welfare and rights of persons with developmental disabilities through prior experience as a care provider in licensed or certified programs which are substantially similar to adult family homes.

Wis. Admin. Code Department of Health Services DHS 82.04

Cr. Register, December, 1989, No. 408, eff. 1-1-90; am. (4) (b) and (5), Register, August, 2000, No. 536, eff. 9-1-00.