Wis. Admin. Code DHS 88

Licensed Adult Family Homes

This chapter establishes licensing standards for Wisconsin Adult Family Homes (AFH), which are residential settings where 3–4 unrelated adults receive care and services above room and board but below the level of nursing care. Operators must obtain a license from the county or state licensing agency, meet qualifications for licensees and service providers, maintain required training, and comply with ongoing monitoring, reporting, and resident-rights requirements. The chapter covers application procedures, criminal background checks, enforcement actions (including revocation, suspension, and penalties), and resident placement and care standards.

Published under s. 35.93, Wis. Stats., by the Legislative Reference Bureau.
1 DEPARTMENT OF HEALTH SERVICES DHS 88.02
Chapter DHS 88
LICENSED ADULT FAMILY HOMES
DHS 88.01 Authority, purpose and scope.
DHS 88.02 Definitions.
DHS 88.03 Licensing administration.
DHS 88.04 Licensee and service provider.
DHS 88.05 Home.
DHS 88.06 Placement.
DHS 88.07 Resident care.
DHS 88.08 Termination of placement.
DHS 88.09 Records.
DHS 88.10 Resident rights.
DHS 88.11 Reporting of abuse and neglect.
Note: Chapter HSS 88 was created as an emergency rule effective June 1, 1995. 
Chapter HSS 88 was renumbered Chapter HFS 88 under s. 13.93 (2m) (b) 1., Stats. 
and corrections made under s. 13.93 (2m) (b) 6. and 7., Stats., Register, December, 
1999, No. 528. Chapter HFS 88 was renumbered to chapter DHS 88 under s. 13.92 
(4) (b) 1., Stats., and corrections made under s. 13.92 (4) (b) 7., Stats., Register No-
vember 2008 No. 635.
DHS 88.01 Authority, purpose and scope. (1) AU-
THORITY AND PURPOSE. This chapter is promulgated under the 
authority of ss. 50.02 (2) (am) 2. and 50.033 (2), Stats., to estab-
lish licensing standards for the operation of adult family homes in 
order to protect and promote the health, safety and welfare of per-
sons residing in and receiving care and maintenance in these 
homes.
(2) SCOPE. (a) Applicability. This chapter applies to the de-
partment, county licensing agencies, adult family home license 
applicants and licensees, and service providers.
(b) Exception to a requirement. The licensing agency may 
grant an exception to any requirement in this chapter except a res-
ident right under s. DHS 88.10 if the licensee requests the excep-
tion in writing on a form provided by the department and presents 
a convincing argument that the proposed exception will not jeop-
ardize 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 condi-
tions or time limitations on an exception. Violation of a condi-
tion 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, con-
tact the licensing agency or write or phone the appropriate regional office of the De-
partment[s Division of Disability and Elder Services. See Appendix A for the ad-
dresses and phone numbers of those offices.
History: Cr. Register, January, 1996, No. 482, eff. 2-1-96.
DHS 88.02 Definitions. In this chapter:
(1) XAbuseY means conduct which is not accidental and 
which causes or could reasonably be expected to cause harm to a 
resident, and which may be physical abuse, mental abuse or ma-
terial abuse.
(2) XAccessibleY means the absence of barriers that would 
prevent a person who is semiambulatory or nonambulatory or has 
a functional limitation caused by impairment of sight, hearing, 
coordination or perception from entering, leaving or functioning 
within an adult family home without physical help.
(3) XActivities of daily livingY means:
(a) Activities relating to the performance of self-care and en-
gaging in leisure or recreational activities. XSelf-careY includes 
dressing, eating, bathing, grooming, toileting, mobility, object 
manipulation, ambulation and rest.
(b) Activities relating to home and household management, 
including preparing meals, shopping and chores, personal house-
keeping, using the telephone, managing one[s personal finances, 
and health care activities including taking medicine, applying or 
changing dressings and using a medical device.
(c) Activities involving movement about in one[s community, 
for purposes that include getting to and participating in voca-
tional, recreational and social activities in the community with 
other members of the community.
(4) XAdultY means an individual 18 years of age or over ex-
cept that it does not mean either of the following:
(a) An individual 18 years of age or over whose placement in 
a home licensed under ch. DCF 56 or 57 is funded by state or fed-
eral foster care funds or youth aid funds under s. 48.645, Stats., 
and who was placed in the home while under 18 years of age and 
became 18 years of age while a resident of the home.
(b) An individual 18 years of age or older who is a resident of 
a facility licensed under ch. DCF 52.
(5) XAdult family homeY or XhomeY means a place where 3 or 
4 adults not related to the licensee reside in which care, treatment 
or services above the level of room and board but not including 
nursing care are provided to persons residing in the home as a pri-
mary function of the place except that it does not mean a place 
described in s. 50.01 (1g) (a) to (d), Stats.
(6) XAmbulatoryY means able to walk without difficulty or 
help.
(7) XBuildingY means a structure entirely enclosed under one 
roof.
(8) XChemical restraintY means a psychopharmacologic drug 
that is used for discipline or convenience and not required to treat 
medical symptoms.
(9) XContinuous careY means the need for supervision, inter-
vention or services on a 24-hour basis to prevent, control and 
ameliorate a constant or intermittent mental or physical condition 
which may break out or become critical during any time of the 
day or night.
Note: Examples of persons who need continuous care are wanderers, persons 
with irreversible dementia, persons who are self abusive or who become agitated or 
emotionally upset and persons whose changing or unstable health condition requires 
monitoring.
(10) XContrabandY means any item the possession of which 
is illegal, contrary to the purpose of the resident[s stay in the adult 
family home or poses a physical danger to other residents or to 
staff or both.
(11) XCounty agencyY means a county department of social 
services established under s. 46.215 or 46.22, Stats., a county de-
partment of human services established under s. 46.23, Stats., or 
a county department of community programs established under s. 
51.42, Stats.
Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date 
the chapter was last published. 
Register November 2024 No. 827
Published under s. 35.93, Wis. Stats., by the Legislative Reference Bureau.
DHS 88.02 WISCONSIN ADMINISTRATIVE CODE 2
(12) XDepartmentY means the Wisconsin department of 
health services.
(13) XDesignated representativeY means a person or agency 
designated in writing by a resident or by the resident[s guardian to 
aid a resident or act on the resident[s behalf, but not including the 
licensee or a service provider or a relative of the licensee or a ser-
vice provider.
(14) XHousehold member Y means any person living in an 
adult family home, except a resident.
(14m) XInvoluntary administration of psychotropic medica-
tionY means any of the following:
(a) Placing psychotropic medication in an individual[s food or 
drink with knowledge that the individual protests receipt of the 
psychotropic medication.
(b) Forcibly restraining an individual to enable administration 
of psychotropic medication.
(c) Requiring an individual to take psychotropic medication 
as a condition of receiving privileges or benefits.
(15) XLicenseeY means a person or persons licensed to oper-
ate an adult family home.
(16) XLicensing agencyY means a county agency in a county 
that elects to license adult family homes located in the county, or 
the department in a county where no county agency has been des-
ignated to license adult family homes.
(17) XMaterial abuseY means the misuse of a person [s prop-
erty or financial resources, which may include financial decep-
tion, diverting income, mismanagement of funds or taking money 
against a person[s will.
(18) XMental abuseY means a single or repeated act of force, 
harassment, including sexual harassment, deprivation, neglect or 
mental pressure which reasonably could cause mental anguish or 
fear, which may include persistent or excessive negative com-
ments, threats, deliberate inducement of anxiety or singling out a 
resident for inappropriate criticism or encouraging the resident[s 
peers to do the same.
(19) XNeglectY means significant danger presented to a per-
son[s physical or mental health because the person responsible 
for his or her care is unable or fails to provide adequate food, 
shelter, clothing, medical care or dental care.
(20) XNursing care Y means nursing procedures, excluding 
personal care, which under ch. N 6, standards of practice for reg-
istered nurses and licensed practical nurses, may be performed 
only by a registered nurse or a licensed practical nurse directly on 
a resident.
(21) XPersonal care Y means help with eating, dressing, 
bathing, ambulation and other self-care activities of daily living.
(22) XPersonal housekeeping Y means the performance of 
routine housekeeping and household tasks.
(23) XPhysical abuseY means the willful infliction of physical 
pain or injury or unreasonable confinement, Including but not 
limited to direct beating, choking, sexual touching, unreasonable 
physical restraint or pain without physical marks.
(24) XPhysical restraintY means any manual method or any ar-
ticle, device or garment interfering with the free movement of a 
resident or the normal functioning of a portion of the resident [s 
body or normal access to a portion of the body, and which the in-
dividual is unable to remove easily, or confinement in a locked 
room.
(25) XPlaceY means a building or portion of a building which 
is self-sufficient for living, dining and sleeping and the provision 
of care, treatment or services to its residents.
(26) XPlacing agencyY means the agency responsible for plac-
ing a resident in an adult family home.
(27) XPrimary function Y means the basic or essential care, 
treatment or services provided to residents of the home.
(27g) XProtestY means make more than one discernible nega-
tive response, other than mere silence, to the offer of, recommen-
dation for, or other proffering of voluntary receipt of psy-
chotropic medication. XProtestY does not mean a discernible neg-
ative response to a proposed method of administration of the psy-
chotropic medication.
(27r) XPsychotropic medicationY means a prescription drug, 
as defined in s. 450.01 (20), Stats., that is used to treat or manage 
a psychiatric symptom or challenging behavior.
(28) XRelativeY means a spouse, parent, step-parent, child, 
step-child, sibling, grandchild, grandparent, aunt, uncle, niece or 
nephew.
(29) XResidentY means an adult, unrelated to the licensee, 
who lives and sleeps in the home and receives care, treatment or 
services in addition to room and board.
(30) XRespite careY means temporary placement in an adult 
family home for maintenance of care, treatment or services, as es-
tablished by the agency or individual responsible for planning, ar-
ranging or providing services to the individual, in addition to 
room and board, for no more than 14 consecutive days at a time.
(31) XSeclusionY means physical or social separation from 
others by action of the licensee, service provider or others in the 
home, but does not include separation in order to prevent the 
spread of a communicable disease or a cool down period in an 
unlocked room as long as being in the room is voluntary on the 
resident[s part.
(32) XService coordinatorY means a person not affiliated with 
a adult family home who has primary responsibility for arrang-
ing, coordinating, managing and monitoring the care and services 
needed by a resident, including services provided outside of the 
adult family home.
(33) XService providerY means a person or persons who pro-
vide direct care or supervision for a resident of the adult family 
home, either as an employee of the licensee or as a volunteer.
(34) XType of individuals Y means individuals grouped ac-
cording to one of the following disabilities, conditions or 
statuses:
(a) A functional impairment that commonly accompanies ad-
vanced age.
(b) Irreversible dementia such as Alzheimer[s disease.
(c) A developmental disability as defined in s. 51.05 (5) , 
Stats.
(d) An emotional disturbance or mental illness as defined in s. 
51.01 (13) (a), Stats.
(e) Alcoholism as defined in s. 51.01 (1m), Stats.
(f) A physical disability.
(g) A pregnant woman who needs counseling services.
(h) An individual under the legal custody of a government 
corrections agency or under the legal jurisdiction of a criminal 
court.
(i) A diagnosis of terminal illness.
(j) Acquired immunodeficiency syndrome (AIDS).
(35) XUnrelated adultY means an adult who is not a relative of 
the licensee.
(36) XVoluntaryY means according to a resident[s free choice 
if the resident is competent, or by choice of the resident [s 
guardian if the resident is under guardianship.
Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date 
the chapter was last published. 
Register November 2024 No. 827
Published under s. 35.93, Wis. Stats., by the Legislative Reference Bureau.
3 DEPARTMENT OF HEALTH SERVICES DHS 88.03
(37) XVolunteerY means a person who provides services for 
residents without compensation, except for reimbursement for 
out-of-pocket expenses.
History: Cr. Register, January, 1996, No. 482, eff. 2-1-96; corrections in (4) (a) 
made under s. 13.93 (2m) (b) 7., Stats., Register, August, 2000, No. 536; correction 
in (4) (a) made under s. 13.93 (2m) (b) 7., Stats., Register December 2003 No. 576; 
CR 07-042: cr. (14m), (27g) and (27r) Register October 2007 No. 622, eff. 11-1-07; 
corrections in (4) (a), (b) and (12) made under s. 13.92 (4) (b) 6. and 7., Stats., Reg-
ister November 2008 No. 635.
DHS 88.03 Licensing administration. (1) REQUIRE-
MENT. No person may operate an adult family home unless a li-
censing agency determines that the home is in compliance with 
all requirements of s. 50.033, Stats., and this chapter, and issues a 
license to that person.
(2) APPLICATION. (a) Application for a license shall be made 
on a department-approved form available from the licensing 
agency.
Note: To obtain a copy of the application form, contact the county agency in 
which the home is located or write or phone the appropriate regional office of the 
Department[s Division of Disability and Elder Services. See Appendix A for ad-
dresses and phone numbers of the Division of Disability and Elder Services regional 
offices.
(b) 1. Before an applicant may be licensed to operate an adult 
family home, the applicant shall submit to the licensing agency a 
completed and signed application form, the program statement 
described under subd. 2., the licensure fee required under s. 
50.033 (2), Stats., and a check or money order in an amount suffi-
cient to cover the fees for conducting the criminal records check 
required under sub. (3) (b).
2. A home [s program statement shall describe the number 
and types of individuals the applicant is willing to accept into the 
home and whether the home is accessible to individuals with mo-
bility problems. It shall also provide a brief description of the 
home, its location, the services available, who provides them and 
community resources available to residents who live within the 
home. A home shall follow its program statement. If a home 
makes any change in its program, the home shall revise its pro-
gram statement and submit it to the licensing agency for approval 
30 days before implementing the change.
(c) An applicant requesting a license shall provide any addi-
tional information requested by the licensing agency that may as-
sist the agency in evaluating the applicant or licensee[s character 
or qualifications. In assessing character and qualifications, the li-
censing agency may consider evidence of abuse or fraud, sub-
stantial or repeated violations of applicable or related statutes and 
rules in the licensee[s operation of or employment in any service 
or facility serving adults or children or in the licensee [s care of 
dependent persons, or a conviction or a pending criminal charge 
for a crime substantially related to caring for a dependent popula-
tion or the funds or property of adults or minors or activities of 
the adult family home.
(d) If a home is to be licensed as an adult family home and the 
home is also licensed as a children [s foster home under ch. DCF 
56, the combined licensed bed capacity shall not exceed 4.
(3) APPROVAL PROCESS. (a) Action by licensing agency. The 
licensing agency shall review the application form and program 
statement and any supporting documents, including criminal 
records checks, and shall interview the applicant and conduct an 
on-site visit of the home to determine if the requirements for a li-
cense set out in this chapter are met. If the requirements for a li-
cense are met and the applicant has paid the applicable fees, a li-
cense shall be issued. If requirements for a license are not met, 
the licensing agency shall send a written notice to the applicant 
stating the reasons for not approving the application and shall in-
form the applicant of the opportunity for a hearing under sub. (7). 
The licensing agency shall issue the license or the notice of denial 
within 70 days after receiving a complete application and the pro-
gram statement and any supporting documents and following the 
on-site visit.
(b) Criminal records check. Prior to issuing an initial license 
the licensing agency shall ask the Wisconsin department of jus-
tice to conduct a criminal records check on the license applicant 
and on any other adult household member. The licensee shall ar-
range for a criminal records check of all service providers. At 
least every second year following the issuance of an initial license 
the licensing agency shall request a criminal records check on the 
licensee and all other adult household members and the licensee 
shall arrange for a criminal records check on any service 
provider. In addition, during the period of licensure, the licensee 
shall arrange for a criminal records check on any new service 
provider. If any of these persons has a conviction record or a 
pending criminal charge which substantially relates to the care of 
a dependent population, the funds or property of adults or minors 
or activities of the adult family home, the licensing agency may 
deny, revoke, refuse to renew or suspend a license, initiate other 
enforcement action provided in this chapter or in ch. 50, Stats., or 
place conditions on the license.
Note: Examples of actions the Department will consider in making a determina-
tion that an act substantially relates to the care of adults or minors, the funds or prop-
erty of adults or minors or activities of the adult family home are: abuse, neglect, 
sexual assault, indecent exposure, lewd and lascivious behavior, or any crime involv-
ing non-consensual sexual conduct; child abuse, sexual exploitation of children, 
child abduction, child neglect, contributing to the delinquency or neglect of a child, 
enticing a child, enticing a child for immoral purposes, exposing a minor to pornog-
raphy or other harmful materials, incest, or any crime involving children as victims 
or participants; armed robbery, aggravated battery, false imprisonment, kidnaping, 
homicide, any crimes involving bodily harm or threat of bodily harm, any crime in-
volving the use of a dangerous weapon or any crime evidencing disregard to health 
and safety; cruelty, neglect or abandonment of animals and instigating fights be-
tween animals; burglary, extortion, forgery, concealing identity, embezzlement and 
arson; crimes involving a substantial misrepresentation of any material fact to the 
public including bribery, fraud, racketeering or allowing an establishment to be used 
for illegal purposes; offenses involving narcotics, alcohol or controlled substances 
that result in a felony conviction, operating a motor vehicle while under the influ-
ence of an intoxicant or other drug, operating after revocation and leaving the scene 
of an accident after injury or death to a person or damage to a vehicle driven or at-
tended by any person.
Note: Wisconsin[s Fair Employment Act, ss. 111.31 to 111.395, Stats., prohibits 
discrimination because of a criminal record or a pending charge, unless the record or 
charge substantially relates to the circumstances of the particular job or licensed 
activity.
(c) Nurse aide registry check. If the applicant, licensee or any 
non-resident adult living in the home of the applicant or licensee 
or any other occupant of the home has experience as a nurse as-
sistant, home health aide or hospice aide, as defined under ch. 
DHS 129, the licensing agency shall check the department[s reg-
istry for nurse assistants, home health aides and hospice aides un-
der s. DHS 129.10 to determine if there is on the registry a sub-
stantiated finding that the person abused or neglected a client or 
misappropriated the funds or property of a client. If there is a 
substantiated finding of one or more of these offenses, the licens-
ing agency may deny, revoke, refuse to renew or suspend a li-
cense, initiate other enforcement action provided for in this chap-
ter or in ch. 50, Stats., or place conditions on the license.
Note: The department[s registry for nurse assistants, home health aides and hos-
pice aides can be reached by calling (608) 266-5545 to receive the information you 
need from an automated voice response unit, or you may call (608) 267-2374.
Note: Refer to the note under s. DHS 88.03 (3) (b) for examples of actions to be 
considered in making a determination that an act substantially relates to the care of 
adults or minors, the funds or property of adults or minors or activities of the adult 
family home.
(d) Health check. If the licensing agency suspects or has rea-
son to believe that a license applicant, licensee, service provider 
or household member may pose a threat to the health, safety or 
welfare of residents, the licensing agency may require a physical 
examination, an alcohol or drug abuse assessment or a mental 
health evaluation of the person as a condition for issuance of a 
license.
Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date 
the chapter was last published. 
Register November 2024 No. 827
Published under s. 35.93, Wis. Stats., by the Legislative Reference Bureau.
DHS 88.03 WISCONSIN ADMINISTRATIVE CODE 4
(4) LICENSE ISSUANCE. (a) An adult family home license is 
valid indefinitely unless suspended or revoked.
(b) Every 24 months, on a schedule determined by the depart-
ment, a licensed adult family home shall submit a biennial report 
to the licensing agency in the form and containing the informa-
tion that the department requires, including payment of the fee re-
quired under sub. (2). If a complete biennial report is not timely 
filed, the department shall issue a warning to the licensee. If a li-
censed adult family home that has not filed a timely report fails to 
submit a complete report to the licensing agency within 60 days 
after the date established under the schedule determined by the 
department, the licensing agency may revoke the license.
(c) The licensee shall provide, in a format approved by the de-
partment, information required by the department to assess the 
facility[s compliance with s. 55.14, Stats., relating to involuntary 
administration of psychotropic medication to a resident.
(5) CHANGES TO BE REPORTED TO LICENSING AGENCY. A li-
censee shall report to the licensing agency within 7 days, unless 
otherwise specified, the following changes:
(a) A significant and ongoing change in the type or amount of 
services the licensee offers to provide if the change adversely af-
fects any resident who needs the service.
(b) A change in household members except paid staff.
(c) Within 48 hours, that the licensee or service provider has 
pending or has been charged with or convicted of any crime 
which is substantially related to caring for dependent persons.
(d) A change in the home[s structure or damages to the home 
that may present a hazard to the residents.
(e) 1. Within 24 hours, a significant change in a resident[s sta-
tus, such as but not limited to an accident requiring hospitaliza-
tion, missing from the home or a reportable death. A death shall 
be reported if there is reasonable cause to believe the death was 
related to use of a physical restraint or psychotropic medication, 
was a suicide or was accidental.
2. A death due to incident or accident not related to use of a 
restraint, psychotropic medications or suicide shall be reported to 
the licensing agency within 3 days. In addition the home shall;
a. Immediately notify the resident[s guardian if any and those 
identified in s. DHS 88.09 (1) (d) 3.
b. Record the date, time and circumstance of the resident [s 
death in the resident: record, including the name of the person to 
whom the body is released.
Note: Deaths not to be reported to the licensing agency are those resulting from 
natural causes such as heart attach, a stroke or an illness when none of the circum-
stances in par. (e) 1. and 2. exist.
Note: Providing notice under this subsection does not relieve the licensee or 
other persons of any obligation to report an incident to any other agency including 
law enforcement.
(6) ACTION BY LICENSING AGENCY TO ENFORCE THIS CHAP-
TER. (a) Requirement for plan of correction. 1. A licensing 
agency when it issues a notice of violation may require the li-
censee to submit a plan of correction for approval of the licensing 
agency. The licensee shall submit the plan of correction to the li-
censing agency not more than 30 days after the date of the notice 
or within a shorter period of time, as specified by the licensing 
agency, if the licensing agency determines that continuation of 
the violation may be harmful to the health, safety, welfare or 
rights of residents.
2. The licensing agency may require modifications in a pro-
posed plan of correction before approving it or may substitute its 
own plan of correction.
(b) Placing limits on type of individuals. A licensing agency 
may, at any time, following notice to the licensee and by modify-
ing a license, limit the types of individuals served by an adult 
family home or the number of residents served by an adult family 
home for any of the following reasons:
1. The types of individuals are not compatible.
2. The licensee and service providers do not have the appro-
priate training to serve the residents.
3. The licensee is unable to demonstrate that the needs of 
residents as identified in their individual service plans under s. 
DHS 88.06 (3) are being met.
(c) Placing conditions on license. A licensing agency may 
place a condition on a license if the licensing agency finds that a 
condition or occurrence relating to the operation and mainte-
nance of the adult family home directly threatens the health, 
safety or welfare of a resident.
(d) Revocation. A licensing agency may revoke an adult fam-
ily home [s license if the licensing agency determines that the 
home has intentionally and substantially violated a requirement 
of this chapter or fails to meet the minimum requirements for li-
censure. The licensing agency shall give the licensee written no-
tice of revocation and the grounds for the revocation and shall in-
form the licensee of the right to appeal that decision under sub. 
(7).
(e) Suspension. A licensing agency may summarily suspend 
a license when it finds that there is imminent danger to the health, 
safety or welfare of the residents in care. A finding of imminent 
danger may be based on but is not limited to any of the following:
1. Failure of the licensee to provide environmental protec-
tions such as heat, water, electricity or telephone service.
2. The licensee, a service provider or any other person affili-
ated with or living in the adult family home or who has contact 
with residents has been convicted of or has a pending charge for a 
crime against life or for causing bodily harm.
3. The licensee, a service provider or any other person living 
in the adult family home or who has contact with residents has 
been convicted of a felony, misdemeanor or other offense or has a 
pending criminal charge which is substantially related to the care 
of the residents or activities of the home.
4. The licensee, a service provider or any other person living 
in the adult family home or who has contact with residents is the 
subject of a current investigation of alleged abuse or neglect of a 
resident.
(f) Injunction. Pursuant to s. 50.033 (5), Stats., a licensing 
agency may commence an action in circuit court to enjoin the op-
eration of an adult family home that is not licensed under this 
chapter or that is licensed and has repeatedly used methods of op-
eration in substantial violation of this chapter, or that endangers 
the health, safety or welfare of any adult receiving care and main-
tenance in the home.
(g) Sanctions. 1. A licensing agency shall provide an adult 
family home with written notice of any sanction to be imposed on 
the adult family home. The notice shall include:
a. The grounds for a sanction based on an investigation made 
by the licensing agency.
b. An explanation of the types of sanctions that the licensing 
agency is imposing under this section.
c. An explanation of the process under sub. (7) for appealing 
an appealable sanction.
2. The licensing agency may order any of the following 
actions:
a. That a person stop conducting, maintaining or operating 
an adult family home if the adult family home is without a valid 
license.
b. That a licensee stop violating any provision of its license 
or of this chapter.
Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date 
the chapter was last published. 
Register November 2024 No. 827
Published under s. 35.93, Wis. Stats., by the Legislative Reference Bureau.
5 DEPARTMENT OF HEALTH SERVICES DHS 88.04
c. That a licensee submit a plan of correction under par. (a) 
for violation of any provision of its license or of this chapter.
d. That a licensee implement and comply with a plan of cor-
rection previously submitted by the licensee and approved by the 
licensing agency.
e. That a licensee implement and comply with a plan of cor-
rection developed by the licensing agency.
f. That a licensee accept no additional residents until all vio-
lations are corrected.
g. That a licensee provide or secure training in one or more 
specific areas for the licensee or service provider.
(h) Penalties. Pursuant to s. 50.033 (6), Stats., any person 
who violates s. 50.033, Stats., or this chapter may be fined not 
more than $500 or imprisoned for not more than one year in the 
county jail or both.
(7) APPEAL. (a) Any person whose application for a license 
is denied under sub. (3) or revoked under sub. (6) (d) or sus-
pended under sub. (6) (e) may request a hearing on that decision 
under s. 227.42, Stats.
(b) A request for a hearing shall be in writing, shall be filed 
with the department of administration [s division of hearings and 
appeals and shall be sent to that office so that it is received there 
within 10 days after the date of the notice under sub. (3), (4) or 
(6) (d).
Note: A request for a hearing should be submitted to the Division of Hearings 
and Appeals, P.O. Box 7875, Madison, Wisconsin 53707.
(8) MONITORING OF HOME. (a) The licensee shall comply 
with all department and licensing agency requests for information 
about the residents, services or operation of the home.
(b) A licensing agency and service coordinator may, without 
notice, visit a home at any time to evaluate the status of resident 
health, safety or welfare or to determine if the home continues to 
comply with this chapter. The licensee shall permit the licensing 
agency and service coordinator to enter the home.
(c) A licensing agency may require a licensee to request fire, 
health, sanitation or safety officials to inspect the home and 
premises to assist in evaluating the safety of the home. Any in-
spection shall be at the licensee[s expense.
History: Cr. Register, January, 1996, No. 482, eff. 2-1-96; am. (2) (a), (b) 1., (c), 
(3) (d), (7) (a), r. and recr. (4), Register, August, 2000, No. 536, eff. 9-1-00; CR 07-
042: cr. (4) (c) Register October 2007 No. 622, eff. 11-1-07; corrections in (2) (d) 
and (3) (c) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635.
DHS 88.04 Licensee and service provider. (1) 
QUALIFICATIONS. (a) A licensee shall be at least 21 years of age 
and shall be physically, emotionally and mentally capable of pro-
viding care for residents of the adult family home.
(b) A service provider shall be at least 18 years of age.
(c) The licensee and service provider shall be persons who are 
responsible, mature and of reputable character and who exercise 
and display the capacity to successfully provide care for 3 or 4 
unrelated adult residents as identified in the home [s program 
statement.
(2) RESPONSIBILITIES. (a) The licensee shall ensure that the 
home and its operation comply with this chapter and with all 
other laws governing the home and its operation.
(b) The licensee shall ensure that he or she or a service 
provider is present and awake at all times if any resident is in need 
of continuous care.
(c) The licensee shall report in writing to the licensing agency 
any change in the type of individual served at least 30 days before 
the change. A 30 day written notice of any change in type of indi-
vidual served shall also be provided to each resident and each res-
ident[s guardian, designated representative, service coordinator, 
placing agency and third party payee.
(d) The licensee shall ensure that at least one copy of ch. DHS 
88 is in the home at all times and is available for review by any 
resident, any resident[s guardian or designated representative or 
any service provider.
(e) 1. The licensee shall refer a resident to the county protec-
tive services agency designated under s. 55.02, Stats., if the li-
censee believes the resident is incompetent as defined in s. 54.10 
(3), Stats., for an evaluation to determine if a competency pro-
ceeding under ch. 54, Stats., is needed.
2. If a guardian of a person who has been found incompetent 
under ch. 54, Stats., places a person in the home and the resident 
objects to the placement, the licensee shall notify the agency des-
ignated under ch. 55, Stats., for the county in which the person is 
living.
(f) The licensee may not permit the existence or continuation 
of a condition in the home which places the health, safety or wel-
fare of a resident at substantial risk of harm.
(g) 1. The licensee shall obtain documentation from a physi-
cian, a registered nurse or a physician [s assistant indicating that 
the licensee and any service provider has been screened for ill-
ness detrimental to residents, including for tuberculosis. The 
documentation is to be completed within 90 days before the start 
of providing service. The documentation shall be kept confiden-
tial except that the licensing agency shall have access to the docu-
mentation for verification.
2. The licensee shall ensure that no one who has a communi-
cable disease reportable under ch. DHS 145 may work in a posi-
tion in the adult family home where the disease would present a 
significant risk to the health or safety of residents.
Note: For information on diseases reportable under ch. DHS 145, contact your 
city or county health department.
(h) The licensee and all service providers involved in the op-
eration of the adult family home shall comply with the universal 
precautions contained in the U.S. Occupational Safety and Health 
Administration Standard 29 CFR 1910.1030 for the control of 
blood-borne pathogens.
Note: Information about universal precautions may be obtained from a county or 
city health department or from the Department [s Bureau of Occupational Health, 
telephone (608) 266-9383.
(i) Neither the licensee nor a service provider may sell real or 
personal property to a resident or prospective resident, or pur-
chase, borrow or accept money for real or personal property from 
a resident or prospective resident. Gifts offered by a resident on a 
festive occasion are allowable if permitted by the resident [s 
finances.
(3) FINANCIAL SECURITY. A licensee or license applicant, on 
request of the licensing agency, shall produce evidence of finan-
cial stability to permit operation of the home for at least 60 days.
Note: Program contracts or agency agreements would meet the intent of this 
requirement.
(4) INSURANCE. (a) Vehicle. An applicant for a license who 
plans to transport residents in his or her vehicle shall provide the 
licensing agency with a certificate of insurance documenting lia-
bility coverage. If a service provider transports residents under 
direction of the licensee, the service provider shall have vehicle 
insurance and a valid driver[s license and, if requested by the li-
censing agency, shall provide evidence to the licensing agency at 
12 month intervals, on a form provided by the licensing agency 
that the vehicle is in safe operating condition.
Note: Form DCS-52, Safety Inspection for Day Care Vehicles, may be obtained 
from any regional office of the Department [s Division of Disability and Elder Ser-
vices. See Appendix A.
(b) Home. A license applicant shall provide the licensing 
agency with documentation of home owners or renters insurance 
coverage. The licensee shall maintain coverage in force for the 
entire term of the license.
Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date 
the chapter was last published. 
Register November 2024 No. 827
Published under s. 35.93, Wis. Stats., by the Legislative Reference Bureau.
DHS 88.04 WISCONSIN ADMINISTRATIVE CODE 6
(5) TRAINING. (a) The licensee and each service provider 
shall complete 15 hours of training approved by the licensing 
agency related to health, safety and welfare of residents, resident 
rights and treatment appropriate to residents served prior to or 
within 6 months after starting to provide care. This training shall 
include training in fire safety and first aid.
(b) Except as provided in pars. (c) and (d), the licensee and 
each service provider shall complete 8 hours of training approved 
by the licensing agency related to the health, safety, welfare, 
rights and treatment of residents every year beginning with the 
calendar year after the year in which the initial training is 
received.
(c) The licensing agency may require the licensee and service 
providers to obtain training in amounts that exceed the minimum 
required under par. (b) to ensure that resident health, safety and 
welfare are protected and promoted.
(d) The licensing agency may approve alternatives to the 
training requirements in pars. (a) and (b) at a licensee [s request 
and if the licensing agency determines that any of the following 
has occurred:
1. The person has successfully completed substantially simi-
lar or related training.
2. The person has successfully completed course work or an 
academic degree program related to the care, maintenance and 
treatment of the type of individuals served by the adult family 
home as identified in the home[s program statement or other per-
sons in need of care, maintenance or treatment.
3. The person has acquired substantial and up-to-date knowl-
edge concerning care, maintenance, treatment and health, safety, 
welfare and rights appropriate to a resident being served through 
prior experience in licensed or certified programs which are sub-
stantially similar to adult family homes.
History: Cr. Register, January, 1996, No. 482, eff. 2-1-96; am. (4), Register, Au-
gust, 2000, No. 536, eff. 9-1-00; corrections in (2) (e) made under s. 13.93 (2m) (b) 
7., Stats., Register October 2007 No. 622 ; correction in (2) (g) 2. made under s. 
13.92 (4) (b) 7., Stats., Register November 2008 No. 635.
DHS 88.05 Home. (1) LOCATION AND ACCESS TO THE 
COMMUNITY. An adult family home shall be located so that resi-
dents can easily get to community activities and supportive ser-
vices by walking or by means of convenient private or public 
transportation, or the licensee shall ensure that residents receive 
the assistance necessary to enable them to get to those activities 
and services. The home shall be located in a residential area 
which is typical of residential areas in that community.
(2) RESIDENT ACCESS TO THE HOME AND WITHIN THE HOME. 
An adult family home shall be physically accessible to all resi-
dents of the home. Residents shall be able to easily enter and exit 
the home, to easily get to their sleeping rooms, a bathroom, the 
kitchen and all common living areas in the home, and to easily 
move about in the home. Additional accessibility features shall 
be provided as follows, if needed to accommodate the physical 
limitations of a resident or if specified in the resident[s individual 
service plan:
(a) If a resident is not able to walk at all or able to walk only 
with difficulty, or only with the assistance of crutches, a cane, or 
walker or is unable to easily negotiate stairs without assistance:
1. The exits from the home shall be ramped to grade with a 
hard surfaced pathway with handrails.
2. All entrance and exit doors and interior doors serving all 
common living areas and all bathrooms and bedrooms used by a 
resident not able to walk at all shall have a clear opening of at 
least 32 inches.
3. Toilet and bathing facilities used by a resident not able to 
walk at all shall have enough space to provide a turning radius for 
the resident[s wheelchair and provide accessibility appropriate to 
the resident[s needs.
(b) Grab bars shall be provided for toilet and bath fixtures in 
those bathing and toilet facilities used by residents not able to 
walk at all or only with difficulty, or by other residents with phys-
ical limitations that make transferring difficult.
(c) If any resident has either manual strength or dexterity lim-
itations, the home shall have levered handles on all doors, bath-
room water fixtures and other devices normally used by that resi-
dent if these can be replaced and if replacement is readily 
achievable.
(d) Any resident who is unable to easily negotiate stairs with-
out assistance shall have his or her bedroom, toilet and bathing fa-
cilities and all common living areas on the first floor.
(3) HOME ENVIRONMENT. (a) An adult family home shall be 
safe, clean and well-maintained and shall provide a homelike 
environment.
(b) The home shall be free from hazards and kept uncluttered 
and free of dangerous substances, insects and rodents.
(c) The home shall have heating, hot and cold water and elec-
trical, plumbing, sewerage and lighting systems that meet local 
building codes.
(d) Where a public water supply is not available water sam-
ples shall be taken from the well and tested at the state laboratory 
of hygiene or other laboratory approved under ch. NR 149 at least 
annually.
(e) 1. The home shall have a heating system capable of main-
taining a temperature of 74 nF. The temperature in habitable 
rooms shall not be permitted to fall below 70 n F. during periods 
of occupancy, except that the home may reduce temperatures dur-
ing sleeping hours to 67 n F. Higher or lower temperatures, for 
certain residents, including but not limited to residents of ad-
vanced age and residents with physical disabilities, shall be pro-
vided to the extent possible when requested by a resident.
2. The heating system shall be inspected as follows, with 
written documentation of the inspections maintained in the 
home:
a. An oil furnace shall be inspected and serviced every 2 
years by a heating contractor.
b. A gas furnace shall be inspected and serviced every 3 
years by a heating contractor or local utility company.
c. The chimney shall be visually inspected by the inspector at 
the interval identified in subd. 2. a. or b.
d. Any woodburning stove or fireplace in an adult family 
home shall have a flue separate from the one used by a gas or oil 
fired furnace or boiler. The flue shall be cleaned as often as nec-
essary but not less than 2 times during each heating season, ex-
cept that when a woodburning stove or fireplace is used for no 
more than 4 days each month of the heating season, the flue shall 
be cleaned at least once during each heating season.
(f) The home shall have functioning support services, includ-
ing refuse removal and access to laundry facilities.
(g) The home shall have ventilation for health and comfort. 
There shall be at least one window which is capable of being 
opened to the outside in each resident sleeping room and each 
common room used by residents. Windows used for ventilation 
shall be screened during appropriate seasons of the year.
(h) The home shall have space to accommodate all household 
activities and members comfortably as follows:
1. There shall be large enough common areas with sufficient 
furnishings so that all occupants of the home can comfortably 
share the space at the same time.
Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date 
the chapter was last published. 
Register November 2024 No. 827
Published under s. 35.93, Wis. Stats., by the Legislative Reference Bureau.
7 DEPARTMENT OF HEALTH SERVICES DHS 88.06
2. There shall be sufficient space and equipment in the 
kitchen for the sanitary preparation and storage of food.
3. The dining room or other dining area shall be large enough 
so that all household members may dine together.
4. There shall be at least one bathroom with at least one sink, 
stool and shower or tub for every 8 household members and towel 
racks with sufficient space for each household member.
5. A resident bedroom may accommodate no more than 2 
persons. A resident bedroom shall have a floor area of at least 60 
square feet per resident in shared bedrooms and 80 square feet in 
single occupancy rooms. For a person requiring a wheelchair, the 
bedroom space shall be 100 square feet for that resident.
6. Each resident shall be provided conveniently located indi-
vidual storage space in the resident [s bedroom sufficient for 
hanging clothes and for storing clothing, toilet articles, towels and 
other personal belongings.
(i) The door of each bathroom shall have a lock which can be 
opened from the outside in an emergency.
(j) A resident [s bedroom may not be used by anyone else to 
get to any other part of the home.
(k) Persons of the opposite sex shall not be required to occupy 
the same sleeping room. Accommodations shall be made for 
couples who wish to share a sleeping room.
(L) A resident [s bedroom shall provide comfort and privacy, 
shall be enclosed by full height walls and shall have a rigid door 
that the resident can open and close.
(m) No resident may regularly sleep in a basement bedroom 
or in a bedroom above the second floor of a single family 
dwelling unless there are 2 exits to the grade from that floor level.
(n) The home shall have clean, functioning and safe house-
hold items and furnishings, including the following:
1. A separate bed for each resident unless a couple chooses to 
share a bed. The bed shall be clean, in good condition and of 
proper size and height for the comfort of the resident.
2. Appropriate bedding and linens that are maintained in a 
clean condition. When a waterproof mattress cover is used, there 
shall be a washable mattress pad, the same size as the mattress, 
over the waterproof mattress cover.
(o) The home shall not be used for any business purpose that 
regularly brings customers to the home so that the residents [ use 
of the home as their residence or the residents [ privacy is ad-
versely affected.
(4) FIRE SAFETY. (a) Fire extinguishers. Every adult family 
home shall be equipped with one or more fire extinguishers on 
each floor. Each required fire extinguisher shall have a minimum 
2A, 10-B-C rating. All required fire extinguishers shall be 
mounted. A fire extinguisher is required at the head of each stair-
way and in or near the kitchen except that a single fire extin-
guisher located in close proximity to the kitchen and the head of 
a stairway may be used to meet the requirement for an extin-
guisher at each location. Each required fire extinguisher shall be 
maintained in readily usable condition and shall be inspected an-
nually by an authorized dealer or the local fire department and 
have an attached tag showing the date of the last dealer or fire de-
partment inspection.
(b) Smoke detectors. 1. Every adult family home shall be 
equipped with one or more single station battery operated, elec-
trically interconnected or radio signal emitting smoke detectors 
on each floor level. Required smoke detectors shall be located in 
each habitable room except the kitchen and bathroom and specif-
ically in the following locations: at the head of each open stair-
way, at the door leading to every enclosed stairway, on the ceiling 
of the living room or family room, on the ceiling of each sleeping 
room and in the basement.
2. The licensee shall maintain each required smoke detector 
in working condition and test each smoke detector monthly to 
make sure that it is operating. If a unit is found to be not operat-
ing, the licensee shall immediately replace the battery or have the 
unit repaired or replaced.
(c) Exiting from the first floor. 1. The first floor of the home 
shall have at least 2 means of exiting which provide unobstructed 
access to the outside.
2. Exits shall be doors.
(d) Fire safety evacuation plan. 1. The licensee shall have a 
written plan for the immediate and safe evacuation of all occu-
pants of the home in the event of a fire. The plan shall identify an 
external meeting place.
2. a. The licensee shall review the fire safety evacuation plan 
with each new resident immediately following placement and 
shall evaluate the resident using a form provided by the depart-
ment to determine whether the resident is able to evacuate the 
home without any help within 2 minutes.
b. Each resident shall be evaluated annually for evacuation 
time, using the department [s form. All service providers who 
work on the premises shall be made aware of each resident having 
an evacuation time of more than 2 minutes.
c. The licensee shall conduct semi-annual fire drills with all 
household members with written documentation of the date and 
evacuation time for each drill maintained by the home.
Note: Licensees are encouraged to consult with their local fire department in 
preparing a fire safety evacuation plan.
Note: For a copy of the resident evaluation form to determine evacuation time, 
contact the county agency in the county in which the home is located or write or 
phone the appropriate regional office of the Department[s Division of Disability and 
Elder Services. See Appendix A for addresses and phone numbers of the Division 
of Disability and Elder Services regional offices.
(e) Report of a fire. The licensee shall report to the licensing 
agency within 72 hours after the event the occurrence of a fire in 
the home which required the assistance of the fire department.
(f) Resident incapable of self-evacuation. If a resident who is 
incapable of self-evacuation in an emergency is present in the 
home, the licensee or service provider shall be in the home.
(5) TELEPHONE. A home shall provide a non-pay telephone 
for residents to make and receive telephone calls. The home may 
require that long distance calls be made at a resident [s own ex-
pense. Emergency telephone numbers, including numbers for the 
fire department, police, hospital, physician, poison control center 
and ambulance, shall be located on or near each telephone.
(6) HOUSEHOLD PETS. (a) Pets may be allowed on the 
premises of an adult family home. Cats, dogs and other pets vul-
nerable to rabies which are owned by any resident or household 
member shall be vaccinated as required under local ordinance. A 
pet suspected of being ill or infected shall be treated immediately 
for its condition or removed from the home.
(b) Pens and cages shall be kept clean.
(c) Pets shall be kept and handled in a manner which protects 
the well-being of both residents and pets.
(d) The wishes of residents shall be considered before a new 
pet is allowed on the premises.
History: Cr. Register, January, 1996, No. 482, eff. 2-1-96; correction in (3) (d) 
under s. 13.92 (4) (b) 7., Stats., Register May 2011 No. 665.
DHS 88.06 Placement. (1) PREADMISSION. (a) A li-
censee shall provide the following information, in writing, to a 
prospective resident and that person[s guardian, if any:
1. Information regarding filing a complaint when the home 
or a service provider does not comply with this chapter.
Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date 
the chapter was last published. 
Register November 2024 No. 827
Published under s. 35.93, Wis. Stats., by the Legislative Reference Bureau.
DHS 88.06 WISCONSIN ADMINISTRATIVE CODE 8
2. The amount, possible sources and acceptable methods of 
payment for providing care and maintenance to a resident of the 
home, specifying any costs for which the resident will be liable.
3. A description of the roles, responsibility and expectations 
of all parties involved in providing services. This shall include 
reviewing the content of the home [s program statement and de-
scribing any personal housekeeping the resident will be requested 
to perform. A resident shall be allowed to refuse to perform this 
work and any other work for the home.
(b) A copy of this chapter shall be made available upon re-
quest by the prospective new resident or that person[s guardian if 
any.
(c) The licensee shall give a prospective new resident an op-
portunity to meet current residents, spend time in the house and 
become familiar with the household routines. This may include 
visits during the day and an overnight stay.
(d) The licensee shall discuss the religious and cultural beliefs 
of the licensee and residents of the home with a prospective resi-
dent because these may affect how comfortable the prospective 
resident may feel in the home.
(e) The licensee shall obtain information from a prospective 
resident necessary to determine whether the person [s needs can 
be met with the services identified in the home [s program 
statement.
(2) ADMISSION. (a) Except as provided in subd. 2., the li-
censee shall ensure that a new resident of an adult family home 
receives a health examination by a physician to identify health 
problems and is screened for communicable disease, including 
tuberculosis. Screening for communicable disease may be pro-
vided by a physician, a registered nurse or a physician assistant. 
The health examination and screening shall take place within 90 
days prior to admission to the home or within 7 days after 
admission.
2. No health examination is required for a person admitted 
for respite care who will not be staying in a home more than 7 
days and will not be placed in the home more than once in a cal-
endar year.
(b) An adult family home shall have a service agreement with 
each person to be admitted to the home except a person being ad-
mitted for respite care. The service agreement shall be completed 
prior to admission and revised at least 30 days prior to any 
change. The service agreement shall be dated and signed by the 
licensee and the person being admitted or that person [s guardian 
or designated representative. Copies shall be provided to all par-
ties and to the placing agency, if any.
(c) A service agreement shall specify all of the following:
1. The names of the parties to the agreement.
2. The services that will be provided and a description of 
each.
3. Charges for room and board and services and any other ap-
plicable expenses, and the amount of the security deposit, if any.
4. The frequency, amount, source and method of payment.
5. The policy on refunds.
6. How personal funds will be handled.
7. Conditions for transfer or discharge and the assistance a li-
censee will provide in relocating a resident.
8. A statement indicating that the resident rights and griev-
ance procedures have been explained and copies provided to the 
resident and the resident[s guardian or designated representative, 
if any.
(3) INDIVIDUAL SERVICE PLAN AND ASSESSMENT. (a) The li-
censee shall ensure that a written assessment and individual ser-
vice plan are completed and developed for each resident within 
30 days after placement.
(b) The individual service plan and written assessment shall 
be developed by the placing agency, if any, the service coordina-
tor, if any, the licensee, the resident and the resident[s guardian, if 
any, and designated representative, if any, with the resident par-
ticipating in a manner appropriate for the resident [s level of un-
derstanding and method of communication.
(c) The assessment shall identify the person[s needs and abil-
ities in at least the areas of activities of daily living, medications, 
health, level of supervision required in the home and community, 
vocational, recreational, social and transportation.
(d) The individual service plan shall contain at least the 
following:
1. A description of the services the licensee will provide to 
meet assessed need.
2. Identification of the level of supervision required in the 
home and community.
3. Descriptions of services provided by outside agencies.
4. Identification of who will monitor the plan.
5. A statement of agreement with the plan, dated and signed 
by all persons involved in developing the plan.
(e) A copy of the individual service plan shall be provided to 
all persons involved in the development of it.
(f) The individual service plan shall be reviewed at least once 
every 6 months by the licensee, the resident or the resident [s 
guardian, the service coordinator, if any, the designated represen-
tative, if any, and, if applicable, the placing agency with the resi-
dent participating in a manner appropriate for the resident[s level 
of understanding and method of communication. This review is 
to determine continued appropriateness of the plan and to update 
the plan as necessary. A plan shall be updated, in writing, when-
ever the resident [s needs or preferences change substantially or 
when requested by the resident or the resident[s guardian.
History: Cr. Register, January, 1996, No. 482, eff. 2-1-96; cr. (1) (a) 4. and (4), 
Register, October, 2000, No. 538, eff. 11-1-00; reprinted to restore dropped copy in 
(1) Register December 2003 No. 576; corrections in (1) (a) 4. and (4) made under s. 
13.92 (4) (b) 7. , Stats., Register November 2008 No. 635; CR 10-091: r. (1) (a) 4. 
Register December 2010 No. 660, eff. 1-1-11; CR 10-145: r. (4) Register May 2011 
No. 665, eff. 6-1-11.
DHS 88.07 Resident care. (1) GENERAL REQUIRE-
MENTS. (a) The licensee shall provide a safe, emotionally stable, 
homelike and humane environment for residents.
(b) The licensee shall encourage a resident [s autonomy, re-
spect a resident [s need for physical and emotional privacy and 
take a resident[s preferences, choices and status as an adult into 
consideration while providing care, supervision and training.
(c) The licensee shall plan activities and services with the res-
idents to accommodate individual resident needs and preferences 
and shall provide opportunities for each resident to participate in 
cultural, religious, political, social and intellectual activities 
within the home and community. A resident may not be com-
pelled to participate in these activities.
(d) The licensee shall allow a resident to participate in all ac-
tivities that the resident selects unless contrary to the resident [s 
individualized service plan or the home[s program statement.
(e) The licensee shall arrange for a service provider to be 
present in the home when the licensee is gone overnight or when 
the licensee [s absence prevents the resident from receiving the 
services, training or supervision specified in the resident [s indi-
vidual service plan under s. DHS 88.06 (3).
(2) SERVICES. (a) The licensee shall provide or arrange for 
the provision of individualized services specified in a resident [s 
individual service plan that are the licensee[s responsibility.
Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date 
the chapter was last published. 
Register November 2024 No. 827
Published under s. 35.93, Wis. Stats., by the Legislative Reference Bureau.
9 DEPARTMENT OF HEALTH SERVICES DHS 88.09
(b) Services shall be directed to the goal of assisting, teaching 
and supporting the resident to promote his or her health, well-be-
ing, self-esteem, independence and quality of life. The services 
shall include but are not limited to:
1. Supervising or assisting a resident with or teaching a resi-
dent about activities of daily living.
2. Providing, arranging, transporting or accompanying a res-
ident to leisure and recreational activities, employment and other 
activities identified in the resident[s individual service plan.
3. Providing, arranging, transporting or accompanying a res-
ident to medical or other appointments as part of the resident [s 
individual service plan.
4. Keeping a current record of all medical visits, reports and 
recommendations for a resident.
5. Monitoring resident health by observing and documenting 
changes in each resident[s health and referring a resident to health 
care providers when necessary.
6. Notifying the placing agency, if any, and guardian, if any, 
of any significant changes in a resident [s medical condition, in-
cluding any life-threatening, disabling or serious illness, any ill-
ness lasting more than 3 days, an injury sustained by the resident, 
medical treatment needed by the resident or the resident [s ab-
sence from the home for more than 24 hours.
(c) Services that are provided shall be services determined by 
the resident, licensee, service coordinator, if any, placing agency, 
if any, and guardian, if any, to be needed by the resident and 
within the capability of the licensee to provide.
(d) A licensee may arrange for or, if qualified, personally pro-
vide nursing care to residents. No more than 7 hours of nursing 
care per week may be provided to a resident.
(e) The licensee shall ensure that each resident has an annual 
health examination by a physician.
(3) PRESCRIPTION MEDICATIONS. (a) Every prescription 
medication shall be securely stored, shall remain in its original 
container as received from the pharmacy and be stored as speci-
fied by the pharmacist.
(b) A resident has the right to refuse prescription medication 
unless there is a court order requiring the resident to take the 
medication. When the resident under court order does not take 
the medication, the licensee shall notify the court and the respon-
sible physician.
(c) If the licensee or service provider assists a resident with a 
prescription medication, the licensee or service provider shall 
help the resident securely store the medication, take the correct 
dosage at the correct time and communicate effectively with his 
or her physician.
(d) Before a licensee or service provider dispenses or admin-
isters a prescription medication to a resident, the licensee shall 
obtain a written order from the physician who prescribed the 
medication specifying who by name or position is permitted to 
administer the medication, under what circumstances and in what 
dosage the medication is to be administered. The licensee shall 
keep the written order in the resident[s file.
(e) 1. The licensee shall keep a record of all prescription 
medications controlled, dispensed or administered by the li-
censee which show the name of the resident, the name of the par-
ticular medication, the date and time the resident took the medi-
cation and errors and omissions. The medication controlled by 
licensee shall be kept in a locked place.
2. The record shall also contain information describing po-
tential side effects and adverse reactions caused by each prescrip-
tion medication.
(4) NUTRITION. (a) A licensee shall provide each resident 
with a quantity and variety of foods sufficient to meet the resi-
dent[s nutritional needs and preferences and to maintain the resi-
dent[s health.
(b) The licensee shall provide to each resident or ensure that 
each resident receives 3 nutritious meals each day and snacks that 
are typical in a family setting.
(c) Food shall be prepared and stored in a sanitary manner.
(d) Residents shall be routinely served their meals in common 
dining areas with other household members.
(e) Meals prepared by the licensee shall take into account spe-
cial physical and religious dietary needs of the residents. A spe-
cial diet shall be served to a resident if prescribed by the resi-
dent[s physician.
History: Cr. Register, January, 1996, No. 482, eff. 2-1-96.
DHS 88.08 Termination of placement. A licensee may 
terminate a resident [s placement only after giving the resident, 
the resident[s guardian, if any, the resident[s service coordinator, 
the placing agency, if any, and the designated representative, if 
any, 30 days written notice. The termination of a placement shall 
be consistent with the service agreement under s. DHS 88.06 (2) 
(c) 7. The 30 day notice is not required for an emergency termi-
nation necessary to prevent harm to the resident or other house-
hold members.
History: Cr. Register, January, 1996, No. 482, eff. 2-1-96.
DHS 88.09 Records. (1) RESIDENT RECORDS. (a) The 
licensee shall maintain a record for each resident. Resident 
records shall be maintained in a secure location within the home 
to prevent unauthorized access.
(b) The records of residents shall be confidential. Access to 
records of a resident [s HIV test results shall be controlled by s. 
252.15, Stats. Access to other resident records shall be restricted 
to the following: the resident, the resident[s guardian, authorized 
representatives of the department, other persons or agencies with 
the informed written consent of the resident or resident [s 
guardian, if applicable, persons or agencies authorized by s. 
51.30, Stats., ss. 146.81 to 146.83, Stats., or 42 CFR Part 2, and 
persons or agencies authorized by other applicable law.
Note: Section 51.30 (4) (b) 5. and 15., Stats., permits sharing of limited informa-
tion in certain circumstances between the department and a county department es-
tablished under s. 46.215, 46.22, 46.23, 51.42 or 51.437, Stats.
Note: For information on 42 CFR Part 2 which relates to a resident who is in the 
home because of alcohol or other drug abuse, write or phone the appropriate re-
gional office of the department[s division of disability and elder services which will 
refer you to the appropriate county agency in your county. See Appendix A for the 
addresses and phone numbers of these offices.
Note: The records of residents with mental disabilities are subject to require-
ments of s. 51.30, Stats., and ch. DHS 92.
(c) Copies of a resident[s record shall be made available on re-
quest to the resident, the resident[s guardian or a designated rep-
resentative of the resident as soon as reasonably practicable if au-
thorized in writing by the resident, at a cost no greater than the 
cost of reproduction.
(d) A resident[s record shall include all of the following:
1. The resident[s name and date of birth.
2. The name, address, and phone number of the resident[s le-
gal guardian, if any.
3. The name, address and phone number of every person, in-
cluding the resident[s physician, to be notified in the event of an 
emergency.
4. The name, address and phone number of the placing 
agency, if any, and service coordinator, if any.
5. Medical insurance or medical assistance and medicare 
identification numbers and the name of the pharmacy that the 
resident uses. In this subdivision, Xmedical assistanceY means 
the assistance program operated by the department under ss. 
Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date 
the chapter was last published. 
Register November 2024 No. 827
Published under s. 35.93, Wis. Stats., by the Legislative Reference Bureau.
DHS 88.09 WISCONSIN ADMINISTRATIVE CODE 10
49.43 to 49.497, Stats., and XmedicareY means the insurance pro-
gram operated by the U.S. department of health and human ser-
vices under 42 USC 1395 to 1395.22 and 42 CFR, Pts. 405 to 
421.
6. The service agreement required under s. DHS 88.06 (2) 
(b) and (c).
7. The report of the medical examination required under s. 
DHS 88.06 (2) (a).
8. The individual service plan required under s. DHS 88.06 
(3).
9. The statement indicating that resident rights and grievance 
procedures have been explained and copies have been provided to 
the parties as required under s. DHS 88.06 (2) (c) 8.
10. Medication records under s. DHS 88.07 (3) (d) and (e).
11. Records maintained by the licensee of the resident [s fi-
nances, including written authorization from the resident or the 
resident[s guardian to control the resident[s funds.
(e) The licensee shall retain a resident [s record for at least 7 
years after the resident[s discharge. The record shall be kept in a 
secure, dry place.
(2) SERVICE PROVIDER AND LICENSEE RECORDS. (a) Service 
provider record. The licensee shall maintain and keep up to date 
a separate personnel record for each service provider. The li-
censee shall ensure that all service provider records are ade-
quately safeguarded against destruction, loss or unauthorized use. 
A service provider record shall include all of the following:
1. Name and address.
2. Social security number.
3. Date of birth.
4. Beginning date of employment.
5. Job-related experience and training.
6. Educational qualifications.
7. Job description.
8. Documentation of successful completion of the training 
requirements under s. DHS 88.04 (5).
9. The results of screening for communicable disease.
10. Description of any disciplinary action.
11. Date of discharge or resignation.
(b) Licensee record. The licensee shall maintain and keep up 
to date a separate record for the licensee which shall contain the 
information listed in par. (a) 1., 2., 3., 5., 6., 8. and 9.
(c) Location and retention period. Service provider and li-
censee records shall be available at the adult family home for re-
view by the licensing agency. A service provider[s record shall be 
available while the service provider is employed by the home and 
for at least 3 years after ending employment.
History: Cr. Register, January, 1996, No. 482, eff. 2-1-96.
DHS 88.10 Resident rights. (1) LEGAL RIGHTS. A li-
censee shall comply with all applicable statutes and rules relating 
to resident rights, including s. 51.61, Stats., chs. 54, 55, and 304, 
Stats., and chs. DHS 92 and 94.
Note: These laws may clarify or condition a particular resident [s right, depend-
ing on the legal status of the resident or a service being received by the resident.
(2) EXPLANATION OF RESIDENT RIGHTS. The licensee shall 
explain and provide copies of the resident rights under sub. (3) 
and the grievance procedure under sub. (5) to the person being 
admitted, that person[s guardian, family members involved in the 
placement and any designated representative of the person before 
the service agreement is signed.
(3) RIGHTS OF RESIDENTS. Individuals, except for correc-
tional residents, have basic rights which they do not lose when 
they enter an adult family home. A resident shall have all of the 
following rights:
(a) Fair treatment. To be treated with courtesy, respect and 
full recognition of the resident[s dignity and individuality.
(b) Privacy. To have physical and emotional privacy in treat-
ment, living arrangements and in caring for personal needs, in-
cluding toileting, bathing and dressing. The resident, resident [s 
room, any other area in which the resident has a reasonable ex-
pectation of privacy, and the personal belongings of a resident 
shall not be searched without the resident[s permission or permis-
sion of the resident[s guardian except when there is a reasonable 
cause to believe that the resident possesses contraband. The resi-
dent shall be present for the search.
(c) Confidentiality. To have his or her records kept confiden-
tial as described in s. DHS 88.09 (1) (b).
(d) Presumption of competency. To be treated as mentally 
competent unless there has been a court determination of incom-
petency under ch. 54, Stats. A resident who has been adjudicated 
incompetent has a right to have his or her guardian fully informed 
and involved in all aspects of his or her relationship to the adult 
family home. A resident who has been adjudicated incompetent 
shall be allowed decision-making participation to the extent that 
the resident is capable of participating.
(e) Self-direction. To have opportunities to make decisions 
relating to care, activities and other aspects of life in the adult 
family home. No curfew, rule or other restrictions on a resident[s 
freedom of choice shall be imposed unless specifically identified 
in the home[s program statement or the resident[s individual ser-
vice plan. An adult family home shall help any resident who ex-
presses a preference for more independent living to contact any 
agency needed to arrange for it.
(f) Financial affairs. To manage his or her own financial af-
fairs, including any personal allowances under federal or state 
programs, unless the resident delegates, in writing, responsibility 
for financial management to the licensee or someone else of the 
resident[s choosing or the resident is adjudicated incompetent in 
which case the guardian or guardian[s designee is responsible.
(g) Clothing and possessions. To retain and use personal 
clothing and effects and to retain, as space permits, other personal 
possessions in a reasonably secure manner.
(h) Social activity choice. To meet with and participate in so-
cial and community activities at the resident[s own discretion.
(i) Choice of providers. To exercise complete choice of 
providers of physical health care, mental health care and pharma-
ceutical services.
(j) Treatment choice. To receive all treatments prescribed by 
the resident[s physician and to refuse any form of treatment un-
less the treatment has been ordered by a court. The written in-
formed consent of the resident or resident [s guardian is required 
for any treatment administered by the adult family home.
(k) Religion. To participate in religious activities of the resi-
dent[s choice. No resident may be required to engage in any reli-
gious activity.
(L) Safe physical environment. To a safe environment in 
which to live. The adult family home shall safeguard residents 
who cannot fully guard themselves from environmental hazards 
to which they are likely to be exposed, including conditions 
which would be hazardous to anyone and conditions which would 
be or are hazardous to a particular resident because of the resi-
dent[s condition or disability.
(m) Freedom from abuse. To be free from physical, sexual or 
mental abuse, neglect, and financial exploitation or misappropri-
ation of property.
Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date 
the chapter was last published. 
Register November 2024 No. 827
Published under s. 35.93, Wis. Stats., by the Legislative Reference Bureau.
11 DEPARTMENT OF HEALTH SERVICES DHS 88.11
(n) Freedom from seclusion and restraints. 1. Except as pro-
vided in subd. 2., to be free from seclusion and from all physical 
and chemical restraints, including the use of an as-necessary 
(PRN) order for controlling acute, episodic behavior.
2. Physical restraints may be used in an emergency when 
necessary to protect the resident or another person from injury or 
to prevent physical harm to the resident or another person result-
ing from the destruction of property, provided that law enforce-
ment or other emergency assistance be summoned as soon as 
possible and the incident is reported to the licensing agency by 
the next business day with documentation of what happened, the 
actions taken by the adult family home and the outcomes.
(o) Labor. To not be required by the licensee to perform labor 
which is of any financial benefit to the licensee.
(p) Prompt and adequate treatment. To receive prompt and 
adequate treatment and services appropriate to the resident [s 
needs.
(q) Medication. To receive all prescribed medications in the 
dosage and at the intervals prescribed by the resident[s physician, 
and to refuse medication unless there has been a court order un-
der s. 51.61 (1) (g), Stats., with a court finding of incompetency.
(r) Mail. To receive and send sealed, unopened mail, includ-
ing packages. The licensee shall give mail to residents on the day 
it is received or as soon as possible thereafter, unless the licensee 
has reasonable cause to believe that the mail being sent or re-
ceived contains contraband, in which case a resident [s mail may 
be opened by the licensee but only in the presence of the resident.
(s) Telephone calls. To make and receive a reasonable num-
ber of telephone calls of reasonable duration and in privacy.
(t) Visits. To have private visitors and have adequate time and 
private space for visits.
(u) Service charges. To be fully informed in writing before or 
at the time of admission of all services and charges for the ser-
vices. Throughout the time a person is a resident of the adult 
family home, he or she shall be fully informed in writing of any 
changes in services and related charges at least 30 days before 
those changes take effect.
(4) CORRECTIONAL CLIENTS. The rights established under 
sub. (3) do not apply to a resident under the supervision of the de-
partment of corrections except as determined by the department 
of corrections.
(5) RESOLUTION OF GRIEVANCES. (a) Right to file a griev-
ance. A resident or the resident[s guardian, if any, or designated 
representative, if any, may file a grievance if he or she believes 
that a right of the resident or a provision of this chapter has been 
violated.
(b) Grievance procedure. The grievance procedure of the 
adult family home shall be established in accordance with ch. 
DHS 94. If a resident is placed or funded by a county agency, the 
county grievance procedure under s. DHS 94.29 shall be used.
Note: For information or assistance in developing a ch. DHS 94 grievance proce-
dure, write or phone the appropriate regional office of the Department[s Division of 
Disability and Elder Services which will refer you to the appropriate office of the 
Department.
(c) Assistance with grievance procedure. 1. Residents have 
the right to advocacy assistance throughout the grievance 
process. An adult family home shall assist its residents as needed 
and enable its residents to have access to the licensing agency, the 
resident[s service coordinator, if any, the state board on aging and 
long term care and its ombudsman program, the Wisconsin coali-
tion for advocacy and any other organization providing advocacy 
assistance, and shall assure the following for representatives of 
these agencies:
2. The ability to communicate privately and without restric-
tion with any resident who does not object to the 
communications.
3. Access to medical and personal records of the resident, 
with the consent of the resident or the resident [s guardian, or on 
the order of the court.
4. To have available in the home the name, address and 
phone number of organizations providing advocacy assistance for 
the type of individual served by the adult family home, and the 
name, address and phone number of the licensing agency.
(d) Disclosure. The licensee shall provide a written summary 
of a resident [s grievance, the findings and the conclusions and 
any action taken to the resident or the resident[s guardian and the 
resident[s placing agency, if any, or designated representative, if 
any, and shall insert the summary in the resident[s record.
(6) COERCION AND RETALIATION PROHIBITED. Any form of 
coercion to discourage or prevent a resident or the resident [s 
guardian or designated representative from exercising any of the 
rights under this section is prohibited. Any form of coercion or 
retaliation against a resident or the resident [s guardian or desig-
nated representative for exercising any of the rights in this sec-
tion, or against a service provider who assists a resident or the 
resident[s guardian or designated representative in exercising any 
of the resident[s rights in this section, is prohibited.
History: Cr. Register, January, 1996, No. 482, eff. 2-1-96; corrections in (1) and 
(3) (d) made under s. 13.93 (2m) (b) 7., Stats., Register October 2007 No. 622; cor-
rections in (1) and (5) (b) made under s. 13.92 (4) (b) 7., Stats., Register November 
2008 No. 635; CR 10-091: am. (5) (b) Register December 2010 No. 660, eff. 1-1-11; 
CR 20-068: am. (3) (L) Register December 2021 No. 792, eff. 1-1-22.
DHS 88.11 Reporting of abuse and neglect. (1) A 
licensee or service provider who knows or has reasonable cause 
to suspect that a resident has been abused or neglected as defined 
in s. 46.90 or 940.285, Stats., shall immediately contact the li-
censing agency. Providing notice under this subsection does not 
relieve the licensee or other person of the obligation to report an 
incident to law enforcement authorities. If the licensee has rea-
son to believe that a crime has been committed, the incident shall 
immediately be reported to law enforcement authorities.
(2) The licensing agency shall immediately contact the resi-
dent[s guardian, if any, placing agency, if any, service coordina-
tor, if any, and designated representative, if any, regarding any oc-
currence or suspected occurrence under sub. (1).
(3) As soon as possible after being contacted under sub. (1) 
the licensing agency shall undertake an investigation of the re-
ported abuse or neglect.
(4) If the licensing agency is a county agency and may have a 
conflict of interest, the licensing agency may enter into an agree-
ment with another agency under s. 46.215, 46.22, 46.23, 51.42 or 
51.437, Stats., to perform an independent investigation. The in-
vestigating county agency shall comply with the same confiden-
tiality requirements as required of the licensing agency.
(5) After the investigating agency has completed its investiga-
tion, the investigating agency shall notify the parties identified in 
sub. (2) of its findings and shall, in addition, notify the following 
agencies if the report of abuse or neglect has been substantiated:
(a) The licensing agency, if different.
(b) Any agency that placed a current resident in the home.
(c) A county agency in the county where the adult family 
home is located if the licensing agency is the department.
History: Cr. Register, January, 1996, No. 482, eff. 2-1-96.
Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date 
the chapter was last published. 
Register November 2024 No. 827