Header:
WISCONSIN ADMINISTRATIVE CODE
DEPARTMENT OF HEALTH SERVICES
CHAPTER DHS 82 CERTIFIED ADULT FAMILY HOMES
Date:
08/31/2009
Document:
DHS 82.06 Placement.
(1) NEW RESIDENT. When an adult resident leaves an adult family home on a permanent basis, he or she may be replaced by another adult who is developmentally disabled.
(2) INFORMATION ABOUT THE ADULT FAMILY HOME. (a) The certifying agency shall provide a prospective resident and that person's guardian, service coordinator and referring agency with copies of this chapter upon request and information about any adult family home where a resident has left on a permanent basis and where the sponsor wants the former resident to be replaced. The information about the home shall include any records of previous violations of any rule of which the certifying agency is aware and any complaints made by or on behalf of residents concerning these rules or ch. DHS 94.
(b) The sponsor shall ensure that a prospective resident who is seeking to replace a former resident on a permanent basis is given the opportunity to meet residents and spend time at the home before entering into the agreement for services under sub. (3). This may include visits during the day and overnight stays in the home.
(c) The sponsor shall give at least 30 days written notice to the resident, the resident's guardian, if any, and to all other parties involved in the service agreement under sub. (3) if the sponsor intends to change the amount or mode of payment.
(2m) FAMILY CARE INFORMATION AND REFERRAL. If the secretary of the department has certified that a resource center, as defined in s. DHS 10.13 (42), is available for the home under s. DHS 10.71, an adult family home shall provide information to prospective residents and refer residents and prospective residents to an aging and disability resource center as required under s. 50.033 (2r) to (2t), Stats., and s. DHS 10.73.
Note: Section 50.033 (2r) to (2t), Stats., was repealed by 2007 Wis. Act 20.
(3) AGREEMENT FOR SERVICES. (a) No resident may be placed in a home or continue in a placement unless the prospective or current resident, the resident's guardian, if any, and the sponsor consent or have consented in writing to the placement. The written consent shall be made part of the service agreement.
(b) The sponsor shall ensure that a written agreement for each resident placed in the home is developed and kept up to date by the service coordinator, referring agency, sponsor or the department. If the referring agency or service coordinator does not develop the service agreement in accordance with this subsection and the sponsor is unable to develop it, the sponsor shall immediately notify the certifying agency and the department that the resident is placed in the home and lacks an up-to-date service agreement. A current resident may continue in the placement for an additional 90 days until the department can arrange for or develop the service agreement.
Note: If a resident does not have a service agreement, the sponsor should notify the director of the Developmental Disabilities Office, Bureau of Community Programs, Division of Community Services, P.O. Box 7851, Madison, WI 53707 (608) 266-9328.
(c) The parties to an agreement shall include the resident, the resident's guardian, if any, the sponsor, the referring agency and the service coordinator.
(d) The agreement shall be completed by the end of the seventh day after a new resident enters the home or within 30 days after initial certification for each current resident, shall be signed by and a copy given to all persons listed in par. (b), shall contain the date on which it was signed and an expiration date which may not be more than 12 months from the date on which it was signed and shall be reviewed and updated when it expires. After the seventh day for a new resident and after 30 days following initial certification for a current resident, no resident may maintain his or her placement unless there is an up-to-date service agreement except as provided in par. (b).
(e) In addition to the written consent required in par. (a), the service agreement shall include:
1. Designation of a service coordinator who shall ensure that needed services provided by the sponsor and outside agencies are arranged and monitored;
2. The individualized service plan under sub. (5);
3. A description of the roles, responsibilities and expectations of the sponsor in providing the services that are specified in the individualized service plan under sub. (5), of the resident entering or residing in the home and of the referring agency or service coordinator providing assistance to the resident or sponsor, including whether the service coordinator is responsible for developing, monitoring and updating the service agreement and individualized service plan;
4. The amount, source and method of payment for providing care and maintenance to the resident of the home, specifying any costs for which the resident will be liable and whether the service coordinator agrees to be responsible for meeting the financial security requirement under s. DHS 82.04 (3). If the service coordinator is responsible for financial security, the agreement shall describe how resources will be made available to the sponsor in the event that payments to the sponsor for resident are not received;
5. A statement about who will exercise control over the resident's funds, which shall be a decision of the resident or the resident's guardian, if any, and whether or not those funds will be maintained in a bank account. If the sponsor agrees to exercise control over the resident's funds, the sponsor shall deposit resident funds in a separate bank account opened for the resident if the balance of the resident's personal funds exceed $ 200, shall keep records that account for the receipt and expenditure of all of the resident's funds which the sponsor controls, including any interest or dividends earned, and shall provide the resident or the resident's guardian, if any, with an accounting of the resident's funds on request;
6. A statement that the sponsor shall give at least 30 days written notice to all parties involved if the sponsor wants to terminate the placement, change the services or change the charges for services;
7. A description of any personal housekeeping the resident will be required to perform or, if applicable, any compensated work the resident has agreed to do for the sponsor, including the terms of compensation. A resident shall be allowed to refuse work other than personal housekeeping. In this subdivision, "personal housekeeping" means the performance of routine housekeeping and household tasks in areas of the home assigned to the resident or in areas used communally in proportion to the amount of resident use if equitably distributed among all household members capable of performing the necessary tasks. This may include cleaning of common areas, doing the laundry, shoveling snow, cooking, washing dishes and taking care of the lawn;
8. A statement that the resident's rights and the grievance process under s. 51.61, Stats., and ch. DHS 94 have been explained to the resident and to the resident's guardian, if any; and
9. A statement which identifies whether the sponsor, service coordinator, referring agency or county agency is responsible for each of the following functions;
a. Obtaining informed consent as required under s. DHS 94.03;
b. Notifying residents of their rights under this chapter and ch. DHS 94; and
c. Maintaining a grievance procedure which conforms to s. DHS 94.27.
(4) HEALTH ASSESSMENT. (a) Each resident shall have a medical examination by a physician to identify any health problems and to screen for communicable disease within 30 days after placement in the adult family home and annually thereafter unless the resident is being seen regularly by a physician. Sponsors shall keep a written record of all medical examinations and shall retain any reports made by these health care providers.
(b) The sponsor shall immediately notify the service coordinator of any life-threatening, disabling or serious illness or injury sustained by a resident which requires medical treatment or absence from the home for more than 24 hours.
(5) INDIVIDUALIZED SERVICE PLAN. The sponsor shall ensure that a written service plan is developed for each resident within 30 days after initial certification of the home and within 7 days after the placement of a new resident. The plan shall be developed with the resident's service coordinator and with involvement and approval of the resident and the resident's guardian, if any. The sponsor may arrange for the referring agency or service coordinator to develop the plan in accordance with this subsection. The plan shall be:
(a) Developed by the referring agency, service coordinator or the sponsor, with the resident participating in a manner that is appropriate for the resident's level of understanding and method of communication. The plan shall contain a description of the services the sponsor shall provide, shall identify how the resident will obtain access to community activities and services under s. DHS 82.05 (1), shall describe the extent of supervision the sponsor will provide and specify whether the resident is capable of being left alone in the home or in the community without supervision and may also contain a description of services provided by other service providers;
(b) Agreed to and signed by all persons involved in developing it, and a copy given to each of these persons;
(c) Monitored by the sponsor or service coordinator, as provided in the plan, to ensure that it is implemented as intended; and
(d) Reviewed at least once every 6 months by the sponsor or by the service coordinator if the service coordinator has agreed to assume this responsibility in the service agreement. This review is to determine continued appropriateness of the plan and to update the plan as necessary. A plan shall be updated whenever the resident's needs or preferences substantially change or when requested by the resident or the resident's guardian.
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