1. (1) Need determination prior to license application. No person may apply for a license to operate a new group home or for a license amendment 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 of a new license or amendment of the current license and has certified in writing that a need exists for the proposed additional placement resources.

2. (2) Capacity assessment. At least every 2 years, the department shall evaluate group home capacity and issue a statement on whether increased capacity is needed. If additional capacity is needed, the statement shall specify all of the following:

   1. (a) Areas of need, such as certain geographical areas or types of populations.
   2. (b) A deadline for an applicant to submit a request for a determination of need under sub. (3) to the department.

3. (3) Request for determination of need. An applicant shall submit to the department a request for a determination of need on a form prescribed by the department for the applicant’s proposed group home or proposed amendment to increase bed capacity by the deadline specified in sub. (2) (b).

   Note: DCF-F-5925, Request for Need Determination Application, is available on the department’s website, https://dcf.wisconsin.gov/forms.

4. (4) Department determination.

   1. (a) The administrator of the division of safety and permanence shall appoint a need determination panel to review requests for determination of need received by the department and to make recommendations to the administrator.
   2. (b) The need determination panel may request that an applicant submit additional information that the panel considers necessary to make a recommendation to the administrator and may specify a deadline for receipt of the information. If the additional information is not received by the specified deadline, the need determination panel may consider the request for a need determination to be withdrawn.
   3. (c) Within 45 days after the deadline for requests to be submitted and receipt of any additional information needed to make a decision, the need determination panel shall provide their recommendations to the administrator of the division of safety and permanence.
   4. (d) Within 45 days after receiving the need determination panel’s recommendations, the administrator, or their designee, shall send each applicant a written notice stating whether the department has determined there is a need for the applicant’s proposed group home or increase in bed capacity. The notice shall state the specific reasons for the determination.
   5. (e) If the department determines that the proposed group home is needed, the notice shall be accompanied by the department’s certification of need and an initial licensing application.

   6. (f) If the department determines that the proposed increase in bed capacity is needed in an existing group home, the licensee may submit a request for a license amendment under s. DCF 57.51.

      Note: A certification of need does not guarantee that the department will issue a license or that any youth will be placed in a group home.

5. (5) Conflict of interest. No person who is a current member of the need determination panel may request a determination of need.

6. (6) Appeal.

   1. (a) An applicant or a party adversely affected by a determination issued under sub. (4) may request an administrative hearing under s. 227.42, Stats., from the division of hearings and appeals by submitting a written request for hearing to that office so that it arrives within 30 days after the date of the notice under sub. (4).

   2. (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.

      Note: A 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

History

History: CR 26-005: cr. Register May 2026 No. 845, eff. 6-1-26.