Wis. Admin. Code Department of Children and Families DCF 56.02 - Applicability
(1) TO WHOM THE RULES APPLY. This chapter
applies to all persons proposing to provide or who are providing foster care
for children in a foster home and to the department; county agencies under s.
46.215,
46.22, or
46.23, Stats.; and licensed
private child-placing agencies.
(2)
EXCEPTION TO A REQUIREMENT.
(a)
Licensing agency authority.
1. A licensing agency may grant an exception
to any requirement in this chapter if the licensing agency determines that the
exception will not jeopardize the health, safety or welfare of the foster
children, except that the licensing agency may not grant an exception to any of
the following requirements: ss.
DCF 56.04 (1),
(2), (4) (a) 1., 2., 5., 5m., 8., or 9. or
(b) 2., (6), (7) or (8), 56.05 (1) (a), (b) 1. b. or p., 2. b., d., or g., (c)
1. b., c., d., e., g., h., i., j., k., L., m., n., or 2., (d), (f), or (3) (a),
56.06, 56.07 (3) (a), (4) (b), (c), (e), (f), (g), or (h), (5) (a), (6), or
(10) (a), 56.08 (1), (2), (3), (4), (5), (6) (c) 1., 2., 3. or 4. a., (7) (a)
3., (8) (a), or (c), (10), or (10m), 56.09 (1), (1g), (1m) (a) to (f), (2) (c),
(2m), (3), (4) (c), (d) or (dm), (5), (9), (11), or (12) (a), (c) or (d),
56.12, 56.13 (1), (2), (3), (4) (a) 1., 2., or (b), (5) (a), (b) 1. or 2., (c),
(6) (a), (b) 1. or 2., (c), (7), (8), 56.14 (1), (2), (3), (4), (5), (6), (6d),
(6h), (6p), (6t), (7), (7e), (7m), (7s), (8) (a) or (b) 3., 56.15, 56.16,
56.18, 56.19, 56.21 (2), 56.22, or 56.23.
2. An applicant or licensee wanting an
exception to a nonstatutory requirement in this chapter that the licensing
agency has authority to grant shall submit a written request to the licensing
agency stating the specific provision of this chapter for which an exception is
requested, the justification for the requested exception and an explanation of
any alternative provision planned to meet the intent of the
requirement.
3. Any exception
granted under subd. 2. or par. (b) shall be specifically cited on the license
and shall be in effect only as long as the conditions under which the exception
was granted remain but no longer than 2 years from the date on which the
exception is granted or the date the license terminates, whichever occurs
first, by which time the licensing agency shall determine if there is continued
justification for the exception. In addition, the licensing agency may impose
conditions to be met within a specified period of time by the licensee as an
alternative to compliance with the requirement for which an exception has been
granted.
(b)
Department exceptions panel.
1. An applicant or licensee wanting an
exception to a nonstatutory requirement in this chapter that the licensing
agency may not grant may ask the department exceptions panel to grant the
exception, with the approval of the licensing agency. A request for an
exception under this paragraph shall be in writing on a form prescribed by the
department.
Note: Copies of the Department's request form, "Application to DCF Exceptions Panel for Exception to Ch. DCF 56," can be obtained from the licensing agency or by visiting the Department's website at: https://dcf.wisconsin.gov/cwportal/fc/forms.
2. Any request under subd. 1. shall include
all of the following information:
a. The name
of the applicant or licensee.
b.
The address of the applicant or licensee.
c. The citation for the specific requirement
for which an exception is requested.
d. The rationale for the request.
e. An explanation of any alternative
provision planned to meet the intent of the requirement.
f. The signature of the applicant or licensee
and the date on which the applicant or licensee signed the request.
3. The applicant or licensee shall
submit the completed request form to the licensing agency.
4. In the space indicated on the exception
request form, the licensing agency's authorized representative shall state
whether the licensing agency supports the request, does not support the
request, or supports some alternative to the request and shall justify the
licensing agency's position and sign and date the request form.
5. If the licensing agency approves the
request or some alternative to the request, the licensing agency shall submit
the completed request form to the department within 10 working days after the
agency's receipt of the request form from the applicant or licensee. The
licensing agency shall not submit to the department any request that it does
not support.
6.
a. The department exceptions panel shall, in
writing, indicate its approval or disapproval of the request within 10 working
days after the department receives the request form from the licensing agency
and has all the information required to make its decision.
b. Notwithstanding subd. 6. a., the
department exceptions panel shall, in writing, indicate its approval or
disapproval of an application for certification to operate a Level 5 foster
home under s.
DCF 56.13 (7)
(a) within 45 working days after the
department receives the application from the licensing agency and has all the
information required to make its decision.
7.
a. The
department exceptions panel shall consist of at least 3 persons who
collectively are knowledgeable about the foster care program, licensing
practices and any special needs of children who may be served by the applicant
for an exception.
b. The
chairperson of the panel shall be designated by the director of the
department's bureau of permanence and out-of-home care.
c. The panel chairperson shall designate the
remaining members of the panel.
(c)
Non-safety-related waiver for
relatives. The licensing agency or the department exceptions panel may
grant a waiver to the following non-safety-related requirements for the
relative of a child without an alternative provision to meet the intent of the
requirement:
1. The licensing agency may grant
a waiver to any requirement in s.
DCF 56.04 (4) (a)
7.,
56.05 (4),
56.07 (2), (4) (a) 1.
or 4., (d), (j), (k), (L), (7), or (8), or 56.09 (4) (g) 1., (6), (7), (8), or
(10) (b), (c), (d), (e), or (f).
2.
The department exceptions panel may grant a waiver to any requirement in s.
DCF 56.04 (4) (a)
2. or
56.07 (4) (b) or (6)
(b). A request for a waiver shall follow the
same procedure as a request for an exception under par. (b), except an
explanation of an alternative under par. (b) 2. e. is not
required.
Notes
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