Wis. Admin. Code Department of Children and Families DCF 21.02

Current through November 25, 2024

Section DCF 21.02 - Definitions

In this chapter:

(1) "Administrative law judge" means an administrative hearing examiner employed by the division of hearings and appeals.

(2) "Agency" means a county department of social services under s. 46.22, Stats.; a county department of human services under s. 46.23, Stats.; the department; or the department of corrections.

(3) "Aging out" means, except as provided under ss. 48.368 and 938.368, Stats., a youth is discharged from out-of-home care due to termination of an order under s. 48.355, 48.357, 48.365, 48.427, 938.355, 938.357, or 938.365, Stats., made before the youth reaches 18 years of age that places or continues the placement of the youth in out-of-home care; termination of a voluntary transition-to-independent-living agreement; or termination of a voluntary placement agreement on the date of any of the following:

(a) The date that the youth reaches 18 years of age.

(b) The date that the youth is granted a high school or high school equivalency diploma or the date on which the child reaches 19 years of age, whichever occurs first, if the youth is a full-time student at a secondary school or its vocational or technical equivalent and is reasonably expected to complete the program before reaching 19 years of age.

(c) The date that a youth who is 18 years of age or over makes a decision to leave out-of-home care and the order is dismissed, the voluntary-transition-to-independent-living agreement is terminated, or the voluntary placement agreement is terminated.

(d) The date of termination of an order under s. 48.355, 48.357, 48.365, 48.427, 938.355, 938.357, or 938.365, Stats., that provides for termination one year or less after the date on which the order was entered.

(4) "Division of hearings and appeals" means the division of hearings and appeals within the department of administration.

(5) "Foster home" means any facility operated by a person licensed under s. 48.62(1), Stats., and ch. DCF 56.

(6) "Group home" means a facility operated by a person licensed by the department under s. 48.625, Stats., and ch. DCF 57 to provide 24-hour care for 5 to 8 residents.

(7) "Hearing" means a de novo proceeding before an impartial administrative law judge in which the youth or the youth's representative presents the reasons why the agency action or inaction in the youth's case should be corrected.

(8) "Independent living-transition-to-discharge plan" means a plan for each youth exiting care on or after the age of 18 that contains provisions to ensure that basic resources are in place for the youth's transition to adulthood, including all of the following:

(a) The youth's anticipated date of and age at discharge from out-of-home care.

(b) Information on how the youth will obtain and secure housing.

(c) Information on how the youth will manage health care needs.

(d) Information on whether the youth intends to continue with formal education and how the youth will attain his or her educational goals.

(e) Techniques for building relationships with supportive adults.

(f) Employment services that are available to the youth.

(g) Workforce support that is available to the youth.

(h) The continuation of necessary supportive independent living services after the youth leaves out-of-home care.

(i) Information on how the youth can obtain essential documents.

(9) "Out-of-home care" means care and maintenance provided to a youth in a foster home, group home, residential care center for children and youth, in the home of a relative other than a parent, or in a supervised independent living arrangement under an order under s. 48.355, 48.357, 48.365, 938.355, 938.357, or 938.365, Stats., or in the guardianship and custody of an agency specified in s. 48.427(3m) (a) 1 to 4. or (am), Stats., under an order under s. 48.43, Stats.

(10) "Residential care center for children and youth" means a facility operated by a child welfare agency licensed under s. 48.60, Stats., and ch. DCF 52 for the care and maintenance of children residing in that facility.

(11) "Voluntary placement agreement" means a written agreement between a county department of social services under s. 46.22, Stats.; a county department of human services under s. 46.23, Stats.; the department; or a child welfare agency licensed under s. 48.60, Stats., and the child or youth's parent or guardian and the child, if the child or youth is 12 years of age or older, for the placement of the child or youth in a foster home or group home under s. 48.63(1), Stats.

(12) "Voluntary transition-to-independent-living agreement" means a voluntary agreement under s. 48.366(3) or 938.366(3), Stats.

Wis. Admin. Code Department of Children and Families DCF 21.02

Adopted by, CR 14-054: cr. Register April 2015 No. 712, eff.5/1/2015.