1. (1) Authority and purpose. This chapter is promulgated under the authority of ss. 50.02 (2) (am) 2. and 50.033 (2), Stats., to establish licensing standards for the operation of adult family homes in order to protect and promote the health, safety and welfare of persons residing in and receiving care and maintenance in these homes.

2. (2) Scope.

   1. (a) Applicability. This chapter applies to the department, county licensing agencies, adult family home license applicants and licensees, and service providers.

   2. (b) Exception to a requirement. The licensing agency may grant an exception to any requirement in this chapter except a resident right under s. DHS 88.10 if the licensee requests the exception in writing on a form provided by the department and presents a convincing argument that the proposed exception will not jeopardize the health, safety or welfare of residents or violate the rights of residents. The licensing agency shall respond in writing to the request within 45 days after receiving it. An exception may be granted only when it would not adversely affect the ability of the licensee to meet the residents’ needs and if the exception will not jeopardize the health, safety or welfare of residents or violate the rights of residents. The licensing agency may impose conditions or time limitations on an exception. Violation of a condition under which the exception is granted constitutes a violation of this chapter.

      Note: For copies of the form for requesting an exception to a requirement, contact the licensing agency or write or phone the appropriate regional office of the Department’s Division of Disability and Elder Services. See Appendix A for the addresses and phone numbers of those offices.

History

History: Cr. Register, January, 1996, No. 482, eff. 2-1-96.