Chapter DCF 52

DCF 52.46(5)(e)3.c. c. Notify the parent or guardian and legal custodian, if any, and the resident’s placing person or agency, if different. Notification shall be immediate if the resident’s refusal threatens the resident’s well-being and safety.

DCF 52.46(5)(f) (f) Administration standards. In administering psychotropic medications, a center shall comply with requirements for administration of prescription medications in this section and clinically acceptable standards for good medical practice.

DCF 52.46 History History: Cr. Register, February, 2000, No. 530, eff. 9-1-00; corrections in (2) (intro.), (a) 1., (b) 2., (5) (c) 2., (d) 3. and (e) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; EmR1106: emerg. am. (5) (f), eff. 9-16-11; CR 11-026: am. (5) (f) Register December 2011 No. 672, eff. 1-1-12.

DCF 52.47 DCF 52.47 Transportation.

DCF 52.47(1) (1) Applicability. This section applies to transportation of residents by any of the following:

DCF 52.47(1)(a) (a) Center-owned or leased vehicles.

DCF 52.47(1)(b) (b) Vehicles driven by volunteers, student interns or center staff.

DCF 52.47(1)(c) (c) Center-contracted transportation.

DCF 52.47(2) (2) School buses. A school bus, as defined in s. 340.01 (56), Stats., that is used to transport residents shall be in compliance with ch. Trans 300.

DCF 52.47(3) (3) Driver information.

DCF 52.47(3)(a) (a) When a center provides transportation, the name of each driver, type of license held and the date of expiration of the license shall be on file at the center.

DCF 52.47(3)(b) (b) When a center contracts for transportation services, the center shall have on file the name, address and telephone number of the contracting firm and the name and home telephone number of a representative of the firm.

DCF 52.47(4) (4) Driver qualifications.

DCF 52.47(4)(a) (a) The driver of a center-operated or center-contracted vehicle shall hold a current valid operator’s license for the type of vehicle being driven, be at least 18 years of age and have one year of experience as a licensed driver.

DCF 52.47(4)(b) (b) A center shall obtain and keep on file before initial service and annually thereafter a copy of each center driver’s driving record.

DCF 52.47(4)(c) (c) Before a driver may transport residents, the center shall check the driver’s driving record for any reckless driving safety violation under s. 346.62, Stats., and for operation of a motor vehicle under the influence of an intoxicant or other drug under s. 346.63, Stats. A driver having a driving record with any of these violations in the last 12 months may not transport residents.

DCF 52.47 Note Note: For a copy of a driver’s driving record, contact the Bureau of Driver Services, Department of Transportation, P.O. Box 7918, Madison, Wisconsin 53707.

DCF 52.47(5) (5) Vehicle capacity and supervision.

DCF 52.47(5)(a) (a) A center shall provide one adult supervisor in a vehicle in addition to the driver in either of the following circumstances:

DCF 52.47(5)(a)1. 1. When transporting more than 2 residents unable to take independent action and having limited ability to respond to an emergency.

DCF 52.47(5)(a)2. 2. When transporting a resident with a recent history of physically aggressive or acting out behavior.

DCF 52.47(5)(b) (b) A center vehicle may only carry as many passengers as the vehicle is rated for by the manufacturer.

DCF 52.47(6) (6) Vehicle.

DCF 52.47(6)(a) (a) Operation. A vehicle used to transport residents shall meet all of the following conditions:

DCF 52.47(6)(a)1. 1. Be in safe operating condition and carry vehicle liability insurance with minimums no less than those provided in s. 121.53 (1), Stats. Once a year for a vehicle 2 years of age or older, the licensee shall place on file evidence of the vehicle’s safe operating condition on a form provided by the department.

DCF 52.47 Note Note: Form number CFS52, Vehicle Safety Inspection, 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.

DCF 52.47(6)(a)2. 2. Be registered in Wisconsin.

DCF 52.47(6)(a)3. 3. Carry emergency information such as local police and ambulance service phone numbers and phone numbers of center personnel to notify in case of accident.

DCF 52.47(6)(a)4. 4. Be clean, uncluttered and free of obstructions on the floors, aisles and seats.

DCF 52.47(6)(a)5. 5. Be enclosed.

DCF 52.47(6)(a)6. 6. Have a Red Cross-approved first aid kit.

DCF 52.47(6)(am) (am) Child safety seats. No licensee or person acting on behalf of a licensee may transport any resident under the age of 8 years or less than 80 pounds in weight in any private motor vehicle unless the following conditions are met, as required in s. 347.48 (4), Stats.:

DCF 52.47(6)(am)1. 1. Each resident who is less than one year old or who weighs less than 20 pounds being transported in a vehicle shall be properly seated and restrained in a rear-facing individual child car safety seat in the back seat of the vehicle.

DCF 52.47(6)(am)2. 2. Each resident who is at least one year old but less than 4 years old or who weighs at least 20 pounds but less than 40 pounds shall be properly restrained in a forward-facing individual child car safety seat in the back seat of the vehicle.

DCF 52.47(6)(am)3. 3. Each resident who is at least 4 years old but less than 8 years old, who weighs at least 40 pounds but not more than 80 pounds, or who is 4 feet 9 inches tall or less, shall be properly restrained in a shoulder-positioning child booster seat.

DCF 52.47(6)(b) (b) Seat belts. Each resident who is not required to be in an individual child car safety seat when being transported shall be properly restrained by a seat belt, except as provided in s. 347.48 (2m), Stats., and ch. Trans 315. Seat belts may not be shared.

DCF 52.47(6)(c) (c) Doors locked. Passenger doors shall be locked at all times when a vehicle transporting residents is moving.

DCF 52.47(6)(d) (d) No smoking. Smoking is prohibited in vehicles while transporting residents.

DCF 52.47(7) (7) Accident report. A center shall submit to the department a copy of the official police report of any accident involving a center vehicle transporting residents, within 5 days after occurrence of the accident.

DCF 52.47 History History: Cr. Register, February, 2000, No. 530, eff. 9-1-00; EmR1106: emerg. cr. (6) (am), r. and recr. (6) (b), eff. 9-16-11; CR 11-026: cr. (6) (am), r. and recr. (6) (b) Register December 2011 No. 672, eff. 1-1-12.

DCF 52.48 DCF 52.48 Clothing and laundry.

DCF 52.48(1) (1) Clothing. Residents may wear their own clothing. Residents who do not have enough of their own clothing shall have appropriate non-institutional clothing of proper size furnished by the center. Each center shall do all of the following:

DCF 52.48(1)(a) (a) Develop a list of clothing required for residents and maintain a resident’s wardrobe at or above this level. The list shall be approved by the department.

DCF 52.48(1)(b) (b) Furnish each resident with appropriate size clothing, appropriate to the season and comparable to that of children of similar age in the community, and arrange for each resident to participate in the selection and purchase of the resident’s own clothing to the maximum extent feasible. Each resident’s clothing shall be identified as the resident’s own.

DCF 52.48(1)(c) (c) Have shoes fitted to the individual resident and kept in good repair. Shoes that were worn by one resident shall not be given to another resident.

DCF 52.48(2) (2) Laundry. Each resident shall have access to laundry service at reasonable intervals or to a washer and dryer.

DCF 52.48 History History: Cr. Register, February, 2000, No. 530, eff. 9-1-00; EmR1414: emerg. am. (1) (b), eff. 8-1-14; CR 14-054: am. (1) (b) Register April 2015 No. 712, eff. 5-1-15; CR 21-107: am. (1) (b) Register June 2022 No. 798, eff. 7-1-22.

DCF 52.49 DCF 52.49 Resident records.

DCF 52.49(1) (1) General requirements.

DCF 52.49(1)(a) (a) A center shall provide safeguards against loss or damage of resident records by fire, theft or destruction.

DCF 52.49(1)(b) (b) Child-placing agencies and county departments shall have access to the case records of children they place.

DCF 52.49(1)(c) (c) Student interns may have access to resident records only under the supervision of center staff and after signing the confidentiality statement under s. DCF 52.12 (7) (d).

DCF 52.49(1)(d) (d) When a center closes, the center shall arrange for safe and secure storage of resident case records.

DCF 52.49(2) (2) Individual case records.

DCF 52.49(2)(a) (a) A center shall maintain a case record on a resident at the licensed location where the resident resides. A resident’s case record is confidential and shall be protected from unauthorized examination pursuant to ss. 48.78 and 938.78, Stats., or, where applicable, s. 51.30 (4), Stats., and ch. DHS 92. The center shall maintain a resident’s case record for 7 years after the resident’s discharge or until the child reaches age 19, whichever is later.

DCF 52.49(2)(b) (b) Each document in a resident’s case record shall be legible, dated and signed by the person submitting the document. A resident’s case record shall include all of the following:

DCF 52.49(2)(b)1. 1. A treatment record which contains all of the following:

DCF 52.49(2)(b)1.a. a. A history of the resident and resident’s family.

DCF 52.49(2)(b)1.b. b. The pre-admission screening required under s. DCF 52.21 (2).

DCF 52.49(2)(b)1.c. c. The written needs assessment and treatment plan required under s. DCF 52.22 (2).

DCF 52.49(2)(b)1.d. d. Treatment progress notes and implementation and review documentation required under s. DCF 52.22 (3).

DCF 52.49(2)(b)1.dm. dm. Reasonable and prudent parenting decision records required under s. DCF 52.415 (2) (e).

DCF 52.49(2)(b)1.e. e. Progress reports on residents receiving non-center professional services, as required under s. DCF 52.12 (8) (a) 3. and, if applicable, follow-along or support efforts under s. DCF 52.12 (8) (b).

DCF 52.49(2)(b)1.f. f. The aftercare plan required under s. DCF 52.23 (1) (b).

DCF 52.49(2)(b)1.g. g. The discharge summary required under s. DCF 52.23 (3).

DCF 52.49(2)(b)1.h. h. All signed written consents required under s. DHS 94.03, including consent to non-emergency use of psychotropic medications under s. DCF 52.46 (5) (c) 2. and consent for locked unit use under s. DCF 52.42 (7) (a) 3. d.

DCF 52.49(2)(b)1.i. i. Documentation of denial of resident rights and copies of the resident’s grievances and responses to them.

DCF 52.49(2)(b)1.j. j. Incident reports under ss. DCF 52.41 (1) (a) 10. and 52.42 (6).

DCF 52.49(2)(b)1.k. k. A recent photo of the resident.

DCF 52.49(2)(b)1.L. L. Any report of child abuse or neglect under s. DCF 52.12 (9).

DCF 52.49(2)(b)2. 2. A health record which contains all of the following:

DCF 52.49(2)(b)2.a. a. All health and medications information and documentation required under ss. DCF 52.45 and 52.46.

DCF 52.49(2)(b)2.b. b. Written informed consents for medical services required under s. DCF 52.21 (5).

DCF 52.49(2)(b)2.c. c. Documentation about any special nutritional or dietary needs identified by a physician or dietician, and a copy of the resident’s nutritional care plan if required under s. DCF 52.44 (2) (c).

DCF 52.49(2)(b)3. 3. The educational record required under s. DCF 52.43 (5).

DCF 52.49(2)(b)4. 4. All of the following information:

DCF 52.49(2)(b)4.a. a. The name, sex, race, religion, birth date and birth place of the resident.

DCF 52.49(2)(b)4.b. b. The name, address and telephone number of the resident’s parent or guardian and legal custodian, if any, at the time of admission.

DCF 52.49(2)(b)4.c. c. The date the resident was admitted and the referral source.

DCF 52.49(2)(b)4.d. d. Documentation of current court status if applicable, and current custody and guardianship arrangements. Documentation shall include copies of any court order, placement agreement or other authorization relating to the placement and care of the resident.

DCF 52.49(2)(b)4.e. e. For a resident from another state, interstate compact approval for placement required under s. DCF 52.21 (3) (a).

DCF 52.49(2)(b)4.f. f. Any records of vocational training or employment experiences.

DCF 52.49(2)(b)4.g. g. Records on individual resident accounts under s. DCF 52.41 (8).

DCF 52.49(3) (3) Other records on residents.

DCF 52.49(3)(a) (a) A center shall maintain the following additional records relating to residents:

DCF 52.49(3)(a)1. 1. A register of all residents as required under s. DCF 52.21 (9). The register shall be kept permanently.

DCF 52.49(3)(a)2. 2. Records under s. DCF 52.11 (9) of all complaints and grievances received and of investigation of complaints and grievances conducted within the licensing period.

DCF 52.49(3)(a)3. 3. All reports to the department under s. DCF 52.11 (10) concerning the hospitalization or death of a resident.

DCF 52.49(3)(b) (b) A center shall maintain the records under par. (a) 2. and 3. at least 5 years after the date of the final entry.