Register June 2022 No. 798
Chapter DCF 52
RESIDENTIAL CARE CENTERS FOR CHILDREN AND YOUTH
Subchapter I — General Provisions
DCF 52.01 Authority and purpose.
Subchapter II — Administration
DCF 52.11 Licensee responsibilities.
DCF 52.13 Administrative records.
Subchapter III — Admission, Treatment and Planning and Discharge
DCF 52.22 Assessment and treatment planning and review.
DCF 52.23 Discharge and aftercare.
Subchapter IV — Resident Rights
DCF 52.31 Resident rights and grievance procedure.
Subchapter V — Program Operation
DCF 52.41 Center program.
DCF 52.415 Promoting normalcy.
DCF 52.42 Behavior management and control.
DCF 52.47 Transportation.
DCF 52.48 Clothing and laundry.
DCF 52.49 Resident records.
Subchapter VI — Physical Environment and Safety
DCF 52.51 Buildings and grounds.
DCF 52.52 General physical environment.
DCF 52.53 Bath and toilet facilities.
DCF 52.555 Carbon monoxide detector.
DCF 52.56 General safety and sanitation.
Subchapter VII — Specialized Programs
DCF 52.57 Exceptions and additional requirements for type 2 programs.
DCF 52.58 Exceptions and additional requirements for short-term programs.
DCF 52.59 Respite care services programs.
Subchapter VIII — Need Determination and License Application
DCF 52.61 Determination of need for additional beds.
DCF 52.62 Licensing administration.
DCF 52.63 Inspections and complaint investigations.
Subchapter IX — Rate Regulation
DCF 52.64 Rate determination.
DCF 52.65 Allowable costs.
DCF 52.66 Rate methodology.
DCF 52.67 Rate resolution.
DCF 52.68 Extraordinary payments.
DCF 52.69 Advisory committee.
Ch. DCF 52 Note
Note: Chapter HSS 52 was renumbered chapter HFS 52 under s. 13.93 (2m) (b) 1., Stats., and corrections made under s. 13.93 (2m) (b) 6. and 7., Stats.,
Register, June, 1999, No. 522. Chapter HFS 52 was repealed and recreated,
Register, February, 2000, No. 530, eff. 9-1-00. Chapter HFS 52 was renumbered to chapter DCF 52 under s. 13.92 (4) (b) 1., Stats.,
Register November 2008 No. 635.
DCF 52.01
DCF 52.01
Authority and purpose. This chapter is promulgated under the authority of s.
48.67, Stats., to ensure that residential care centers for children and youth protect and promote the health, safety and welfare of residents, respect the rights of individual residents, provide the most appropriate conditions possible for each resident, help each resident develop socially acceptable patterns of behavior, develop resident treatment plans consistent with the state's permanency planning policy to support the integrity of the family, and help each resident return as quickly as possible to the resident's family or achieve permanency through adoption or guardianship. This chapter is also promulgated under the authority of s.
49.343, Stats., to establish the rate that a residential care center may charge for its services and to promote efficient provision of services.
DCF 52.01 History
History: Cr.
Register, February, 2000, No. 530, eff. 9-1-00;
EmR1106: emerg. am., eff. 9-16-11;
CR 11-026: am.
Register December 2011 No. 672, eff. 1-1-12;
CR 21-107: am. Register June 2022 No. 798, eff. 7-1-22. DCF 52.02(1)(1)
Scope. This chapter applies to the department, to applicants for a license to operate a residential care center for children and youth and to all licensed residential care centers for children and youth, except as provided in s.
DCF 52.57 for type 2 residential care center programs, in s.
DCF 52.58 for short-term programs and in s.
DCF 52.59 for respite care services programs.
DCF 52.02(2)(a)
(a) The department may grant an exception to a nonstatutory requirement of this chapter if the department determines that the exception will not jeopardize the health, safety or welfare of any child served by the center. A request for an exception shall be made on a form prescribed by the department. The request shall justify the exception and describe the alternative provision that meets the intent of the requirement.
DCF 52.02 Note
Note: Form DCF-F-5023-E,
Child Welfare Request for Exception, is available in the forms section of the department website,
http://dcf.wisconsin.gov, or from a department field office. A request for an exception to a requirement of this chapter should be sent to the licensing representative of the department's Division of Safety and Permanence. See Appendix D for the address of the field office for your area.
DCF 52.02(2)(b)
(b) The department may impose one or more specific conditions on any exception granted under this subsection to protect the health, safety or welfare of residents. Violation of a condition is a violation of this chapter.
DCF 52.02 History
History: Cr.
Register, February, 2000, No. 530, eff. 9-1-00; correction in (1) made under s.
13.92 (4) (b) 7., Stats.,
Register November 2008 No. 635;
EmR1414: emerg. am. (2) (a), eff. 8-1-14;
CR 14-054: am. (2) (a)
Register April 2015 No. 712, eff. 5-1-15.
DCF 52.03
DCF 52.03
Definitions. In this chapter:
DCF 52.03(1)
(1) “Aftercare” means follow-up services provided to a young person after the young person is discharged from a center.
DCF 52.03(1m)
(1m) “Age or developmentally appropriate activities” means activities that are generally accepted as suitable for children of a given chronological age or level of maturity or that are determined to be developmentally appropriate for a child based on the cognitive, emotional, physical, and behavioral capacities that are typical for children of a given age or age group or, in the case of a specific resident, activities that are suitable for the resident based on the cognitive, emotional, physical, and behavioral capacities of that resident.
DCF 52.03(2)
(2) “Center" means a residential care center for children and youth.
DCF 52.03 Note
Note: Residential care centers for children and youth were formerly called child care institutions (CCIs) and in ch.
48, Stats., are referred to as child welfare agencies.
DCF 52.03(2m)
(2m) “Child" is a person who is under 21 years of age and is under juvenile court jurisdiction or other court order, is being provided services by a child welfare or juvenile justice agency, or is placed under a contract or agreement.
DCF 52.03(3)
(3) “Child-placing agency" or “placing agency" means any agency that is required to be licensed under s.
48.60, Stats., and ch.
DCF 54, to place children into adoptive homes, foster homes or group homes, to accept guardianship of children or to license foster homes, or a county department with powers and duties as defined under s.
48.57, Stats., the department or the Wisconsin department of corrections or any other lawful placement authority.
DCF 52.03(4)
(4) “County department" or “county" means a county department of social services under s.
46.215 or
46.22, Stats.; a county department of human services under s.
46.23, Stats.; or a county department under s.
51.42 or
51.437, Stats.
DCF 52.03(5)
(5) “Department" means the Wisconsin department of children and families.
DCF 52.03(5m)
(5m) “Family interaction plan” means a plan developed by a placing agency to promote a resident's interaction with members of the resident's family and includes interaction by face-to-face contact; telephone calls; letters; emails; and attendance at routine activities, such as counseling sessions, medical appointments, school events, and faith-related activities.
DCF 52.03(6)
(6) “Full-time staff" means a center staff member who works 40 or more hours per week in the same staff position or 2 or more part-time staff members who together work in the same staff position 40 or more hours per week.
DCF 52.03(7)
(7) “Guardian" means a person appointed by a court under s.
48.9795, Stats., to have the duties and authority of guardianship described under s.
48.023 or
48.9795, Stats., or as defined under s.
938.02 (8), Stats.
DCF 52.03(9)
(9) “Informed consent" or “consent" means signed written consent which is voluntary and based on understanding by a person 18 years of age or older or a minor resident as provided under law who is competent and who understands the terms of the consent, and as otherwise provided under law by the resident's parent, guardian or legal custodian or as provided under a court order or other lawful authority.
DCF 52.03(12)
(12) “License" means written permission of the department for a center to operate, consisting of a license certificate which shows the location of the center, identifies the licensed premises and lists licensing provisions, and a licensing letter of transmittal that includes any special conditions.
DCF 52.03(13)
(13) “Licensee" means the person, partnership, sole proprietorship, corporation or other legal entity to which a license is issued under this chapter and which has final responsibility and authority to operate the center.
DCF 52.03(14)
(14) “Licensing representative" means a department employee responsible for licensing residential care centers.
DCF 52.03(15)
(15) “Medical assistance" means the assistance program operated by the department of health services under ss.
49.43 to
49.497, Stats., and chs.
DHS 101 to
108.
DCF 52.03(16)
(16) “NFPA" means the National Fire Protection Association.
DCF 52.03(16m)
(16m) “Normalcy” means a resident's ability to easily engage in healthy and age or developmentally appropriate activities that promote his or her well-being, such as participation in social, scholastic, and enrichment activities.
