Wisconsin Legislature: DCF 52.12(9)(b)

(gm) RPPS decision makers. A center shall ensure that an individual specified in s. DCF 52.415 (2) (b) successfully completes training on the application of the reasonable and prudent parent standard prior to making reasonable and prudent parenting decisions.

(h) Documentation of training. A center shall document in each staff member’s personnel record all orientation and training received by the staff member. Documentation shall include dates of training and who provided the training.

(6) Staff supervision.

(a) A center shall provide for appropriate supervision of staff as follows:

1. There shall be at least one full-time equivalent social work case work supervisor as described under sub. (1) (a) 2. for no more than 8 full-time resident services case manager staff under sub. (1) (a) 3.

2. There shall be at least one full-time equivalent resident care worker supervisor as described under sub. (1) (a) 4. for no more than 8 full-time equivalent resident care workers under sub. (1) (a) 5.

3. The center director or professional designee shall supervise the remaining staff and consultant and service staff under subs. (1) and (2) (i).

4. The center director shall ensure that when a supervisor is absent, each staff member supervised by that person knows to whom the staff member reports.

(b) Staff supervision shall include both of the following:

1. A written performance review and assessment of a staff member at least once in the staff person’s first 6 months with the center and annually thereafter.

2. Filing a copy of the performance review and assessment and any written response of the staff person to it in the staff person’s personnel record.

(7) Volunteers and student interns. A center that accepts unpaid college students on field placement or volunteers to provide services to residents shall do all of the following:

(a) Verify the individual’s qualifications to work with residents through character reference checks and background verification and a signed statement under sub. (3) (b) and (c), a caregiver background records check under sub. (3) (d) and a physician’s statement under sub. (3) (e).

(b) Maintain a list of volunteers and students on field placement working in the center and have a written description of the job responsibilities of each. The center shall provide a copy of a particular student’s or volunteer’s job responsibilities to the student or volunteer. The description shall include the following:

1. A statement of the purpose of the student’s or volunteer’s involvement, role and responsibilities.

2. Identification of a staff member meeting, at minimum, the requirements under sub. (2) for a resident care worker who will supervise the student or volunteer.

3. An indication of the extent to which the student or volunteer will be able to contribute to development of a resident’s service plan or plan progress reviews.

(d) Have each student or volunteer sign a department-provided statement acknowledging the student or volunteer’s responsibility for reporting any suspected child abuse and neglect under sub. (9) and for maintaining confidentiality of resident record information in accordance with s. 48.78 or 938.78, Stats., and s. 51.30, Stats.

(e) Maintain a personnel record on each student and volunteer. The record shall contain the documentation required in this subsection. The center shall maintain the record for 5 years after last date of service.

(f) Follow a policy of not using volunteers or students to replace staff required under sub. (1).

(8) External professional services.

(a) A center may contract for or otherwise arrange for professional services not provided by the center when necessary for implementation of a resident’s treatment plan. If a center does contract for or otherwise arrange for external professional services, the center shall do all of the following:

1. Maintain a list of all external professional service providers.

2. Require that each external professional service provider have the appropriate license or certification.

3. Require that each external professional service provider provide written reports to the center on the resident’s progress.

(b) A center arranging for an outside specialist or consultant to treat or advise about treating a dysfunctional behavior or condition of a resident shall notify the resident’s placing person or agency in writing if the outside specialist or consultant states that the resident needs follow-along and support services. The center shall inform the placing person or agency of specialist or consultant recommendations for the resident including the needs, types of follow-along or support services and the amount of recommended time needed for those efforts. Center staff shall document the recommendations and notification in the resident’s treatment record.

(9) Child abuse and neglect reporting.

(a) A center shall at all times protect residents from abuse or neglect.

(b) A center shall require each staff member, student intern and volunteer to read and sign a statement provided by the department which describes the individual’s responsibility to report suspected child abuse or neglect as required under s. 48.981 (2) and (3), Stats.

Note: Form number CFS2172, Residential Care Center Child Abuse and Neglect Reporting and Confidentiality Responsibilities, is available in the forms section of the department website at http://dcf.wisconsin.gov or by writing or calling any field office listed in Appendix D.

(c) A center shall have written policies and procedures for reporting to the appropriate local county social or human services department or law enforcement agency when there is reasonable cause to suspect that a child has been abused or neglected. The policies and procedures shall include:

1. Notifying the child’s placing person or agency and the department licensing representative of possible abuse or neglect and the basis for that suspicion.

2. Meeting reporting requirements in s. 48.981 (2) and (3), Stats.

3. Prohibiting imposition of a sanction or any reprisal against a person for reporting suspicion of child abuse or neglect.

(d) When child abuse or neglect is reported, the center shall take necessary steps to protect the resident until a finding is made.

(10) Personnel records.

(a) General personnel records. A center shall maintain a personnel record for each staff member under subs. (1) (a) and (2) (i). The record shall contain, at minimum, the following information:

1. The staff member’s application for employment under sub. (3) (b).

2. Copies of the staff member’s job description and the performance standards and conduct expectations relating to that job required under sub. (4) (a) and (b).

3. Documentation of information obtained from a staff member’s references required under sub. (3) (c).

4. The department-prescribed background information disclosure form, signed as required under sub. (3) (d).

5. A history of the staff member’s employment at the center, with starting and ending dates for each position.

6. A copy of the signed department form under sub. (4) (c) for reporting suspected child abuse and neglect.

7. A copy of the background records checks required under sub. (3) (d).

8. A copy of the statement under sub. (4) (d), signed by the staff member, about the need to maintain confidentiality of personally identifiable information about residents.

9. Copies of completed performance reviews and assessments under sub. (6) (b).

10. A description of training received under sub. (5) (h).

11. Authorization to administer medications, if applicable, as required under s. DCF 52.46 (2) (a) 3.

12. For RPPS decision makers, documentation of the training under sub. (5) (gm).

(b) Health record. A center shall separately maintain a health record for each staff member containing health history, any physical or mental health evaluation under sub. (3) (f) and the physician’s statement required under sub. (3) (e).

(c) Retention. A center shall maintain the personnel file of each staff member for 5 years after the date on which the staff member terminates employment with the center.

(11) Staff housing. A residential care center may not house children of staff with residents.

History: Cr. Register, February, 2000, No. 530, eff. 9-1-00; corrections in (2) (f), (3) (b) 3., (d), (5) (b) 4., (e) and (10) (a) 11. made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; EmR1106: emerg. cr. (5) (cm), (11), eff. 9-16-11; CR 11-026: am. (3) (e), (5) (c) 6., cr. (5) (cm), (11) Register December 2011 No. 672, eff. 1-1-12; CR 14-054: am. (8) (b) Register April 2015 No. 712, eff. 5-1-15; EmR1633: emerg. cr. (5) (gm), (10) (a) 12., eff. 11-18-16; CR 16-051: cr. (5) (gm), (10) (a) 2. Register July 2017 No. 739, eff. 8-1-17; correction in (12) (c) 3. a. made under s. 35.17, Stats., Register September 2017 No. 741; correction in (3) (b) 3., (d) made under s. 13.92 (4) (b) 7., Stats., Register March 2018 No. 747; CR 21-107: am. (6) (a) 4. Register June 2022 No. 798, eff. 7-1-22.

DCF 52.13 Administrative records.

(1) Types of records. A licensee shall assemble and maintain all of the following administrative records:

(a) A document describing the governing structure of the center and, if they exist, the charter, articles of incorporation and by-laws of the governing body.

(b) The names and positions of persons authorized to sign agreements and submit official documentation concerning the center to the department.

(d) Audit reports required under s. DCF 52.11 (6), retained for 5 years.

(e) Incident reports under s. DCF 52.11 (12) of a fire or other disaster, retained for 5 years.

(f) Copies of general and professional liability insurance policies required under s. DCF 52.11 (15).

(g) The list required under s. DCF 52.12 (8) (a) 1. of all external professional service providers the center uses.

(h) Personnel records under s. DCF 52.12 (10), retained for 5 years after the employee leaves the center.

(i) The center’s program statement and operating plan and updates to it required under s. DCF 52.41 (1), and as otherwise required under s. DCF 52.58 (3) or 52.59 (4), as well as copies of current written policies and procedures otherwise required by this chapter.

(j) Menus for the last 30 days as required under s. DCF 52.44 (3) (b).

(k) Driver records required under s. DCF 52.47 (4) for center drivers.

(L) Documentation required under s. DCF 52.44 (4) (d) of annual in-service training of food service personnel.

(m) Copy of vehicle insurance liability policy required under s. DCF 52.47 (6) (a) 1. and vehicle safety inspection forms required under s. DCF 52.47 (6) (a) 1.

(n) Police accident reports under s. DCF 52.47 (7).

(o) Reports of building inspections required under s. DCF 52.51 (1) (b) and construction approvals required under s. DCF 52.51 (1) (c), retained for 5 years.

(p) Records of fire drills, center fire inspections, smoke detector tests and sprinkler system inspections required under s. DCF 52.55 (2) (b), (3), (4) (c) and (7) and annual heating system inspection and service reports required under s. DCF 52.56 (2) (b), retained for 5 years.

(q) Water sample test results under s. DCF 52.56 (1) and records of tornado practice exercises required under s. DCF 52.56 (23) (c), retained for 5 years.

(r) Copies of all need determination documentation and approvals within the past 5 years under s. DCF 52.61.

(2) Records maintained on-site. The administrative records listed under sub. (1) (c), (e), (g) to (k), (n), (p) and (q) shall be maintained on-site at the center location to which they apply.

History: Cr. Register, February, 2000, No. 530, eff. 9-1-00; corrections in (1) (c) to (r) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635.

Subchapter III — Admission, Treatment and Planning and Discharge

DCF 52.21 Admission.

(1) Policies and procedures. A center shall have written resident admission policies and procedures that describe the primary presenting problems and range of behaviors of residents which the center will treat and center procedures for admitting a resident. Before a prospective resident is admitted to a center, center professional staff shall evaluate the needs of the prospective resident using information and procedures described in the agency program statement and operating plan and determine whether the center is able to meet the identified needs of the prospective resident.

(2) Admission screening report. Center professional staff shall complete a written, dated and signed admission screening report on a resident which includes a preadmission review and identification of the prospective resident’s primary presenting problems and a statement recommending reasons for or against admission based on the ability of the center to meet the prospective resident’s needs.

(3) Conditions. A center may admit a prospective resident if the center can meet the prospective resident’s needs, as determined by the admission screening report under sub. (2) and if the following conditions are met:

(a) Interstate placements. In accepting a prospective resident from outside the state of Wisconsin, the center has received prior written approval under the interstate compact on the placement of children under s. 48.988, Stats., and has received information on the prospective resident’s social, medical and educational history.

(b) Child under age 7. In admitting a child age 6 or under, the center has received prior written approval from the department. A center shall meet any additional requirements determined appropriate by the department for the care and treatment of a child age 6 or under.

(d) Serving children 18 years of age or over, but under 21 years of age. In admitting residents age 18 or over:

1. The center has a license to provide care and maintenance to a resident of that age, sex, and population type.

Note: A current licensee may request an amendment to serve a resident population that is 18 years of age or over, but under 21 years of age, and is transitioning to independence under s. DCF 52.62 (4) (d).

2. The center program statement under s. DCF 52.41 (1) describes how all of the following are achieved:

a. Center program compatibility among residents.