Chapter DCF 52

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.

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.

subch. VI of ch. DCF 52 Subchapter VI — Physical Environment and Safety

DCF 52.51 DCF 52.51 Buildings and grounds.

DCF 52.51(1) (1) Required compliance.

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) (2) Housing blind and disabled residents.

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.

DCF 52.51(2)(c) (c) A center which serves residents who are not able to walk or are able to walk only with crutches or other means of support shall comply with accessibility requirements found in appendix B of this chapter.

DCF 52.51(3) (3) Interior doors.

DCF 52.51(3)(a) (a) Except for locked rooms or units under s. DCF 52.42, all interior doors, including those for closets, shall have fastenings or hardware that will allow opening from the inside with one hand without the use of a key.

DCF 52.51(3)(b) (b) The design of a door equipped with a lock or latch shall permit opening the door from either side in case of emergency.

DCF 52.51(3)(c) (c) In a building housing residents, an employee on each work shift shall have a key or other means of opening doors with locks or closing devices in that area.

DCF 52.51(4) (4) Accessibility. Accessibility requirements in appendix B of this chapter shall be met for residents.

DCF 52.51(5) (5) Electrical.

DCF 52.51(5)(a) (a) Electrical wiring, outlets and fixtures shall be properly installed and maintained in safe working condition as required under ch. SPS 316.

DCF 52.51(5)(b) (b) The minimum number of fixtures and outlets shall be as follows:

DCF 52.51(5)(b)1. 1. At least one approved ceiling or wall-type electric light fixture for every lavatory, bathroom, kitchen or kitchenette, dining room, laundry room and furnace room, with no less than 5 footcandles of light at floor level in the center of the room, and with switches or equivalent devices for turning on at least one conveniently located light in each room and passageway to control the lighting in the area. The center may substitute a switched fixture for a ceiling or wall fixture in lavatories, bathrooms and dining rooms.

DCF 52.51(5)(b)2. 2. Duplex outlets as follows:

DCF 52.51(5)(b)2.a. a. At least one outlet in each resident bedroom and in each laundry area and bathroom.

DCF 52.51(5)(b)2.b. b. At least 2 outlets in any other habitable room including a dining room.

DCF 52.51(5)(b)2.c. c. At least 3 outlets in the kitchen, with separate outlets for the refrigerator and electric stove.

DCF 52.51(5)(b)3. 3. Ground fault interrupt protection for any electrical outlet within 6 feet of a water source in a bathroom, kitchen area, laundry room or basement and on the exterior of the facility and in the garage.

DCF 52.51(5)(c) (c) Extension cords may not be used inside buildings to provide regular electrical service. Where extension cords are used inside buildings, the center shall plug extension cords into underwriters laboratories (U.L.) approved fused convenience outlets or outlet banks.

DCF 52.51(5)(d) (d) A center may not have any temporary wiring or exposed or abandoned wiring.

DCF 52.51(5)(e) (e) Center electrical service inspections shall be completed by a certified inspector as required under ch. SPS 316.

DCF 52.51 History History: Cr. Register, February, 2000, No. 530, eff. 9-1-00; correction in (2) (a) made under s. 13.93 (2m) (b) 7., Stats., Register, June, 2001, No. 546; CR 04-040: am. (1) (a) 1., (b) and (2) Register December 2004 No. 588, eff. 1-1-05; correction in (3) (a) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; correction in (1) (a) 1., (b), (c), (2) (a), (5) (a), (e) made under s. 13.92 (4) (b) 6., 7., Stats., Register December 2011 No. 672, eff. 1-1-12.

DCF 52.52 DCF 52.52 General physical environment.

DCF 52.52(1) (1) Resident living space.

DCF 52.52(1)(a) (a) Center buildings housing 9 or more residents. Buildings constructed or other facilities converted to resident living space for 9 or more residents after February 1, 1971 shall contain resident living space at least equal to 60 square feet per resident. In this paragraph, “resident living space” means indoor living and recreation space in addition to bedroom space and dining space and exclusive of hallways less than 7 feet in width, bathrooms, lockers, offices, storage rooms, latched or locked time-out rooms, locked units, staff rooms, furnace rooms, any unfinished part of a building and that part of the kitchen occupied by stationary equipment.

DCF 52.52(1)(b) (b) Center buildings housing 8 or fewer residents. Center buildings housing 8 or fewer residents shall provide at least 200 square feet of combined resident living space, bedroom space and dining space for each occupant. In this paragraph, “resident living space” includes all areas of the house except an unfinished basement, attic, or similar areas not usually occupied in daily living.

DCF 52.52(2) (2) Dining space. A center shall provide at least 15 square feet of dining space for each occupant.

DCF 52.52(3) (3) Windows.

DCF 52.52(3)(a) (a) All windows through which sunlight enters shall have appropriate coverings, and all openable windows shall have insect-proof screens in the summer.

DCF 52.52(3)(b) (b) A center which is licensed for the first time or moves to a new location after September 1, 2000 shall meet the window requirements of chs. SPS 361 to 366.

DCF 52.52(4) (4) Temperatures and airflow.

DCF 52.52(4)(a) (a) The inside temperature of a center building for residents may not be lower than 67° F. (20° C.).