CWK 219225 (12/26/2025)
Right to appeal denial of CCOP goods, not just services

The attached proposed decision of the hearing examiner dated September 26, 2025 is modified as follows and, as such, is hereby adopted as the final order of the Department.

[Request for a rehearing and appeal to court instructions omitted.]

Preliminary Recitals

Pursuant to a petition filed on July 16, 2025, under Wis. Admin. Code § HA 3.03(1), to review a decision by the Waukesha County Health and Human Services regarding Children’s Community Options funding, a hearing was held on September 2, 2025, by telephone.

NOTE: This decision is being issued as proposed to give the Department of Health Services an opportunity to review this case, because the July 9, 2025 Notice of Action provided appeal rights to the Petitioner, but the enabling statute for the Children Community Options Program limits those appeal rights.

The issue for determination is whether the Division of Hearings and Appeals has jurisdiction to review this appeal, and if so, whether the Waukesha County Department of Health and Human Services (the agency) correctly denied the Petitioner’s request for Children’s Community Options funding for a safety wagon.

There appeared at that time the following persons:

PARTIES IN INTEREST:

Petitioner:
—

Respondent:
Department of Health Services
1 West Wilson Street, Room 651
Madison, WI 53703
By: Vickie Smith Coordinated Services Division Coordinator
Waukesha County Health and Human Services
514 Riverview Avenue
Waukesha, WI 53188

ADMINISTRATIVE LAW JUDGE:
Mayumi M. Ishii
Division of Hearings and Appeals

Findings of Fact

1. Petitioner (CARES # —) is a resident of Waukesha County who has been found eligible for the Children’s Community Options Program (CCOP) and the Children’s Long-Term Services (CLTS) Waiver Program. (Exhibit 3, pg. 9)
2. Petitioner is four years old. He has been diagnosed with Autism Spectrum Disorder, mixed receptive-expressive language disorder, developmental delay, and neuromuscular disorder. (Exhibit 3, pgs. 1 and 3)
3. He is noted to have a history of trying to elope when in public, particularly if he sees something he wants or is overstimulated. He is also noted to lack situational awareness of potential dangers when he tries to elope. (Exhibit 2, pg. 4; Exhibit 3, pg. 4)
4. Petitioner’s Individual Service Plan (ISP) has outcomes that include “tools and resources to help [Petitioner] with his sensory needs”, “a safe sensory environment for [Petitioner] to work out his sensory needs”, and “to increase his understanding of safety awareness at home and in the community to help him navigate the community safely.” (Exhibit 6)
5. On July 1, 2025, the Petitioner’s family requested funding for a Wonderfold Stroller Wagon at a cost of $702.00. (Exhibits 7-10; Testimony of Petitioner’s mother)
6. Petitioner’s family has already purchased the stroller wagon and seeks reimbursement for the expense. (Testimony of Petitioner’s mother)
7. The Wonderfold Stroller Wagon has seating for four, though it is intended only for the Petitioner, and it has five-point harnesses. (Exhibit 11; Testimony of Petitioner’s mother)
8. The Petitioner is in the 95th percentile for growth, stands 3’6” tall and weighs 38 pounds. He is able to undo the harness himself. (Testimony of Petitioner’s mother)
9. On July 9, 2025, the agency sent the Petitioner’s family a notice advising them that the requested funding was denied because it believed the wagon was intended to be used as a restraint. (Exhibit 5)
10. Petitioner’s mother, on Petitioner’s behalf, filed a request for hearing that was received on August 8, 2025. (Exhibit 1)

Discussion

The Children’s Community Options Program (CCOP) is a merger between the former Family Support Program and the Community Options Program allocated to children. The program was established under Wis. Stats. §46.272. The Department of Health Services published the policies and procedures governing the program in the CCOP Procedures Guide.¹

The purpose of CCOP is to provide a coordinated and collaborative approach to support families who have a child with a disability, by providing supports and services aimed at achieving desired outcomes that are identified, prioritized, and implemented. Strategies must be flexible, coordinated, and effective, and may include:

• Information, education, and training on advocating on behalf of the child, leadership, and the full array of supports and services available in each community.
• Methods for connecting families with other families (including parents, guardians, self-advocates, siblings, and grandparents) and support groups for mutual support and networking.
• Goods and services that promote identified outcomes, benefit the child, and enhance the family’s long-term support roles.

CCOP Procedures Guide pg. 5

In the case at hand, Petitioner’s family seeks funding to reimburse them for the cost of a safety wagon.

Wis. Stats. §46.272(15) describes the issues that may be appealed:

A child who is denied eligibility for services or whose services are reduced or terminated under this section may request a hearing from the department under s. 227.44, except that lack of adequate funding may not serve as the basis for a request under this subsection.

See also

The issue for determination is whether the purchased item is a service, and its denial therefore appealable.

The CCOP Procedure Guide indicates CCOP Procedures Guide, pg. 41. “all allowable goods and services covered by CCOP are listed under Services, which includes a good/item received as a service.” This guide contains a “CCOP Standard Program Category (SPC) Codes and Services” table, which contains numerous physical items such as Counseling and Therapeutic Supplies, Assistive Technology, Personal Emergency Response System. CCOP Procedures Guide, pg. 32. CCOP Program policy considers “goods” to be a subcategory of “services” without distinguishable appeal treatment.

Conclusions of Law

There is jurisdiction for DHA to review the merits of the Petitioner’s appeal.

THEREFORE, it is

Ordered

That this decision is adopted by the Secretary of the Wisconsin Department of Health Services (DHS) as the Final Decision, and the petition is dismissed.