Section DHS 90.05 - Department responsibilities(1) GENERAL. The department is responsible for developing and supporting a statewide comprehensive system of services for children with disabilities in the age group birth to 3 and their families, and for supervising and monitoring local birth to 3 programs to ensure that they comply with 20 USC 1471-1485, 34 CFR Pt. 303, s. 51.44, Stats., and this chapter.(2) DEVELOPMENT AND SUPPORT. In developing and supporting the statewide system, the department shall:(a) Provide technical assistance to county administrative agencies on operation of a local birth to 3 program;(b) Enter into an interagency agreement with the Wisconsin department of public instruction related to operation of the birth to 3 program, including operation of child find and facilitating the transition at age 3 of a child with a disability from the birth to 3 program to the program for children with exceptional educational needs under ch. 115, Stats., and ch. PI 11, and such other state-level interagency and intra-agency agreements as are necessary to facilitate and coordinate the operation of birth to 3 programs. The interagency and intra-agency agreements shall cover assignment of financial responsibility and the resolution of disputes;(c) Undertake public awareness and other child find activities that focus on identification, location or evaluation of children who are eligible to receive early intervention services. The department shall endeavor to make the public aware of the rationale for early intervention services, the availability of those services, how to make referrals and how a family might obtain the services, through various means such as public service announcements and the distribution of brochures and other printed materials. Before undertaking any statewide child find activity that focuses on the identification, location or evaluation of children, the department shall ensure that adequate notice is published in newspapers or other media with circulation adequate to notify parents throughout the state of the activity;(d) Operate or arrange for operation of a central directory of services to provide information on request by mail or telephone about public and private early intervention resources, research and demonstration projects in the state and various professional and other groups providing assistance to children in the birth to 3 age group and their families; and(e) Develop a comprehensive system of personnel development, including a plan for the provision of both preservice and inservice training, conducted as appropriate on an interdisciplinary basis, for the many different kinds of personnel needed to provide early intervention services, including personnel from public and private providers, primary referral sources, paraprofessionals and service coordinators. The training shall be directed specifically at: 1. Understanding the basic components of early intervention services available in the state;2. Meeting the interrelated social, emotional, health, developmental and educational needs of eligible children; and3. Assisting parents of eligible children in furthering the development of their children and in participating fully in the development and implementation of the IFSP.(3) SUPERVISION AND MONITORING. In supervising and monitoring local birth to 3 programs, the department shall:(a) Collect from county administrative agencies information on use of funds, system development, number of children needing and receiving early intervention services, types of services needed, types of services provided and such other information the department requires to describe and assess the operation of local programs;(b) Have ready access to county administrative agency files and staff, and the files and staff of service providers under contract or agreement with the county administrative agency;(c) Make an independent on-site investigation if the department determines it is necessary;(d) Ensure that deficiencies identified through monitoring are corrected by means that may include technical assistance, negotiations, corrective action plans and the threat or imposition of sanctions as allowed by law to achieve compliance including withholding of funds under s. 46.031(2r), Stats.; and(e) Resolve disputes between local agencies that cannot be resolved locally. One or both parties may ask the department, in writing, to resolve a dispute or, if the department determines that a dispute between local agencies adversely affects or threatens to adversely affect the delivery of services to families, the department may, on its own initiative, act to resolve the dispute.(4) PROCEDURES FOR RECEIVING AND RESOLVING COMPLAINTS ABOUT OPERATION OF THE PROGRAM.(a)1. Any individual or organization having reason to believe that one or more requirements of this chapter or Part C and its implementing regulations, 34 CFR Pt. 303, are not being met by the department or a county administrative agency or by any other public agency or private provider involved in the early intervention system under agreement with the county administrative agency may complain to the department. The complaint shall be in writing and be signed and shall consist of a statement setting forth the complaint and the facts upon which the complaint is based. The department shall develop procedures to inform parents and other interested individuals and organizations about their right to file a complaint and how to file a complaint.2. Complaints under subd. 1. shall not concern events that occurred more than one year before the complaint is made, except if the complainant could not have reasonably known about the event any earlier. Note: Processes for resolution of disputes between parents and county administrative agencies are described in s. DHS 90.12(5) and (6).
(b) The department in response to a complaint filed under par. (a) shall appoint a complaint investigator who shall do the following:1. Find out the facts related to the complaint;2. Interview the complainant or the complainant's representative as part of fact-finding if that seems useful;3. Conduct an independent on-site investigation at the county administrative agency or of a service provider if the department considers that necessary;4. Consider the merits of the complaint; and5. Recommend resolution of the complaint.(c)1. Except as provided under subd. 2., within 60 days after receiving a complaint under this subsection the department shall prepare a written decision stating the reasons for the decision and forward the decision to the affected agency or agencies with a copy to the complainant.2. The department may extend the time limit for resolving a complaint by an additional 60 days if it determines that exceptional circumstances exist with respect to a particular complaint.Wis. Admin. Code Department of Health Services DHS 90.05
Cr. Register, June, 1992, No. 438, eff. 7-1-92; emerg. am. (2) (c) and (4) (a), renum. (2) (e) 1. and 2. and (3) (c) to be (2) (e) 2. and 3. and (3) (d) and am. (3) (d), cr. (2) (e) 1. and (3) (c), eff. 1-1-93; am. (2) (c), (3) (b) and (4) (a), renum. (2) (e) 1. and 2. and (3) (c) to be (2) (e) 2. and 3. and (3) (d) and am. (3) (d), cr. (2) (e) 1., (3) (c) and (e), Register, June, 1993, No. 450, eff. 7-1-93; am. (4) (a), Register, April, 1997, No. 496, eff. 5-1-97; am. (4) (a), Register, September, 1999, No. 525, eff. 10-1-99; CR 03-033: am. (4) (a) and (c) 1. Register December 2003 No. 576, eff. 1-1-04.Amended by, correction in (4) (a) 2. (Note [1]) made under s. 35.17, Stats., Register October 2021 No. 790, eff. 11/1/2021