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)(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)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)(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(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(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)(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.i.
i. Documentation of denial of resident rights and copies of the resident's grievances and responses to them.
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)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.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(3)(a)
(a) A center shall maintain the following additional records relating to residents:
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)(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.
DCF 52.49(4)
(4) Electronic record storage. A center may store records electronically if it obtains the approval of the department and follows department procedures.
DCF 52.49 History
History: Cr.
Register, February, 2000, No. 530, eff. 9-1-00; corrections in (2) (a), (b) and (3) (a) made under s.
13.92 (4) (b) 7., Stats.,
Register November 2008 No. 635;
EmR1633: emerg. cr. (2) (b) 1. dm., eff. 11-18-16;
CR 16-051: cr. (2) (b) 1. dm.
Register July 2017 No. 739, eff. 8-1-17.
DCF 52.51(1)(a)(a)
Standards. All buildings of a residential care center shall comply with the following requirements:
DCF 52.51(1)(a)1.
1. The applicable state building code requirements in chs.
SPS 361 to
366, the Wisconsin Commercial Building Code and applicable local ordinances.
DCF 52.51(1)(a)2.
2. All requirements in this subchapter, regardless of when a facility was built, except as otherwise provided in this subchapter.
DCF 52.51(1)(b)
(b)
Building inspections. Before beginning operation as a residential care center, all buildings of the residential care center shall be inspected by the Wisconsin department of safety and professional services by a certified building inspector and as needed.
DCF 52.51(1)(c)
(c)
Construction approval. The licensee shall submit for approval to the department and to the department of safety and professional services, division of safety and buildings, plans for any new buildings or for alterations which will affect the structural strength, area dimensions, safety or sanitary conditions of existing buildings. The center shall have in writing the approval of both the department and the department of safety and professional services before letting contracts for construction.
DCF 52.51 Note
Note: Send building plans to the appropriate Building, Grounds and Safety field office of the Department of Safety and Professional Services and to your licensing representative at the appropriate field office listed in Appendix D.
DCF 52.51(1)(d)
(d)
Exclusive use of space. Center living or work space designated on approved building plans for use by residents or staff may not be used for other purposes, except with approval of the department's licensing specialist.
DCF 52.51(1)(e)
(e)
Center grounds. Center grounds shall be maintained in a clean and orderly condition and shall be free of refuse, debris and hazards.
DCF 52.51(2)(a)(a) Except as provided under par.
(b), buildings housing residents unable to take independent action for self-preservation shall be of fire-resistive construction as defined in chs.
SPS 361 to
366, the Wisconsin Commercial Building Code or protected by a complete, automatic fire sprinkler system. Sprinkler systems installed shall have residential sprinkler heads or fast response sprinkler heads. A sprinkler system shall meet the requirements of chs.
SPS 361 to
366, the Wisconsin Commercial Building Code and any applicable local ordinances for a building of 16 or fewer beds or for a building with 17 or more beds. A sprinkler system shall be installed in accordance with the manufacturer's instructions.
DCF 52.51 Note
Note: See s.
DCF 52.55 (7) for inspection and maintenance requirements for sprinkler systems.
DCF 52.51(2)(b)
(b) Sprinklered residential living areas in a building shall be separated from adjacent non-sprinklered or non-fire proof construction areas in the same building by at least a 2-hour rated fire wall separation.
