Wisconsin Legislature: DCF 54.03(2)(a)

History: Cr. Register, August, 1957, No. 20, eff. 9-1-57; r. and recr. Register, September, 1970, No. 177, eff. 4-1-71; renum. from PW-CY 40.41, Register, September, 1982, No. 321, eff. 10-1-82; cr. (3) (em), Register, October, 1985, No. 358, eff. 11-1-85; emerg. cr. (5), eff. 9-5-92; CR 04-040: cr. (3) (er) and (3m) Register December 2004 No. 588, eff. 1-1-05; correction in (3m) (d) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; EmR1106: emerg. cr. (3) (c) 7., eff. 9-16-11; CR 11-026: cr. (3) (c) 7., (3m) (i) Register December 2011 No. 672, eff. 1-1-12; correction in (3m) (i) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672; 2015 Wis. Act 132: am. (3) (d) 1. Register February 2016 No. 722, eff. 3-1-16; EmR1633: emerg. renum. (3m) to (3m) (a), cr. (3m) (a) (title), (b), eff. 11-18-16; CR 16-051: renum. (3m) to (3m) (a), cr. (3m) (a) (title), (b) Register July 2017 No. 739, eff. 8-1-17.

DCF 54.03 Personnel administration.

(1) Personnel policies. Each agency shall have a written statement of personnel practices adopted by the board. The board shall review personnel practices at least every 2 years.

(a) The following items shall be included in personnel practices and shall be submitted to the department for approval with the original application:

1. Job specifications for all positions of 6 months or longer duration in the agency.

2. Staff pattern. There shall be a staff sufficient in number and qualifications for the scope of the agency’s services.

(b) There shall be written policy statements available to all employees and made known to each employee at the time of employment including:

1. The method of wage adjustments.

2. Retirement program.

3. Health and other insurance programs.

4. Vacation, sick leave, holidays and leaves of absence.

5. Probationary status.

6. Termination procedures.

7. Agency chain of command.

8. Grievance procedures.

9. Employment outside the agency.

10. For the specific job classification for which application is being made:

a. Compensation.

b. Hours of work.

c. Job specifications.

d. Performance evaluations.

(1m) Personnel record. A personnel record shall be maintained for each staff member and be available to authorized licensing staff. The record shall include:

(a) Employment application showing qualifications and experience.

(b) Statements from previous employers or personal references.

(d) Reports of job performance, if any.

(e) Medical reports, if pertinent.

(f) When the employee terminates employment, the dates and the reasons for separation.

(2) Personnel.

(a) General qualifications.

1. All employees shall have the ability and emotional stability to carry out their assigned duties.

2. Character references from at least 2 people and references from previous employers within the last 5 years must be obtained for prospective employees.

3. References may be documented either by letter or verifications in the record of verbal contact giving dates, person making the contact and persons contacted and the contact content.

4. The agency shall review and investigate application information carefully to determine whether employment of the individual is in the best interests of children under its care.

(b) Administrative staff.

1. An executive or administrator shall be employed who shall:

a. Possess a knowledge of child welfare services and a demonstrated actual or potential administrative skill and leadership.

b. Be a graduate of a college or university with a minimum of 15 graduate credits in the social sciences.

c. Have at least 2 years experience in an administrative or supervisory capacity.

2. The executive’s duties in administering the agency shall include:

a. Responsibility to the board for satisfactory management.

b. Keeping the board informed of the program of the agency.

c. Interpreting and implementing recognized standards of child welfare.

d. Preparing and presenting the annual budget for discussion and approval.

e. Responsibility for the operation of the program of child welfare in employment, supervision and discharge of staff.

3. If the executive also functions as casework supervisor he shall meet the additional requirements for that classification.

4. There shall be a qualified staff person to whom authority is delegated in the absence of the executive.

1. If a director of social services is employed, he shall have a master’s degree from an accredited school of social work and a minimum of 2 years of post master’s degree social work experience in a supervisory capacity supplemented by or including experience in family or child welfare.

2. A casework supervisor shall have a master’s degree in social work, or its equivalent and have a minimum of 2 years of supervised experience in family or child welfare.

3. An advanced social worker shall meet one of the following:

a. A master’s degree in social work, or

b. One year of graduate work in an accredited graduate school of social work or its equivalent and at least 2 years supervised experience in family or child welfare, or

c. College graduation and at least 3 years of supervised experience in family and child welfare with 12 graduate credits in social work plus approved in-service training.

3m. At least 50% of the social worker staff shall be in the advanced social work category.

4. College graduates may be employed who do not have the foregoing training and experience. They shall have a minimum of 15 hours in the social sciences and within 2 years of employment have completed an approved in-service training program.

5. Persons who do not have qualifications for social worker but who have an interest in working with people may assist the social services staff. Employees in this classification shall have professional social worker supervision. They shall not assume the full responsibilities and duties normally assigned to a social worker.

(d) Consultant services. The agency shall provide consultant services as required to meet the needs of the children. Consultants shall meet the standards of their professional groups.

(e) Volunteers. If volunteers are used, the agency shall assign an appropriate staff member to evaluate and supervise them and to develop a plan for their orientation, training and use.

(3) Staff development and in-service training.

(a) The agency shall have within one year of original licensure, written material concerning the process and content of orientation, staff development and in-service training programs for agency employees.

(b) These programs shall include provision for the development of a working knowledge of these rules as they pertain to individual responsibilities of each employee.

History: Cr. Register, August, 1957, No. 20, eff. 9-1-57; r. and recr. Register, September, 1970, No. 177, eff. 4-1-71; renum. from PW-CY 40.43 and am. (2) (c) 5. and 6. and (d), Register, September, 1982, No. 321, eff. 10-1-82; correction in (1) made under s. 13.93 (2m) (b) 1., Stats., Register, May, 1993, No. 449; CR 04-040: renum. (2) (a) 1. a. to c. to be (2) (a) 1. to 4. Register December 2004 No. 588, eff. 1-1-05.

DCF 54.04 Social services.

(1) General requirements.

(a) The agency shall provide services to children who need and seek its care without discrimination on the basis of race or cultural identification, sex, sexual orientation, age, creed, ancestry, disability, political affiliations, religious beliefs, color, or national origin.

(b) Each agency shall:

1. Develop and follow written intake policies that include asking the referring person or agency to indicate if the child or at least one of the child’s biological parents is of American Indian descent.

2. Secure and record information which substantiates the planning for the child.

3. Accept a child for placement only when legally authorized to do so.

4. Obtain from the parent or guardian of every child accepted for care a written authorization for emergency surgical care, for necessary vaccinations and immunizations, for routine medical examinations and treatment.

(c) The agency shall substantiate that continuing social services to the child, to his parents and to the foster parents on a planned basis are provided while the child is in placement.

(d) Adopt written policies for placement and discharge from service.

(e) When the agency is terminating its responsibility to the child release the child only to a person or agency authorized to accept the child.

(f) Requirements to be met by licensee in order to place children in boarding care. A child welfare agency with authority to place children in licensed foster homes and to license foster homes (s. 48.61 (3) and (7), Stats.) shall:

1. Have a social service supervisory staff of one or more persons who meet the requirements of s. DCF 54.03 (2) (c) 2. and have at least one year’s experience in the study of foster homes, licensing, placement and supervision of foster care.

2. License only homes which meet the foster home rules.

3. Place children only in homes which meet the foster home rules.

4. Place and/or supervise a minimum of 5 children a year in foster care, exclusive of adoptive placement.

5. Assign the responsibility for supervision to one staff person when there are fewer than 20 children in foster care.

6. Place no child under the care of the agency in the home of a staff person employed by the agency or a member of the board of directors. This does not pertain to persons whose only employment by the agency is in the foster parent role.

7. Maintain individual foster home records for each home used by the agency which includes signed applications and agreements.

8. Establish an administrative plan for periodic review of children in boarding home placement.

(g) Requirements to be met by licensee in order to accept guardianship. A child welfare agency with authority to accept guardianship and place children for adoption under ss. 48.43 (1), 48.61 (5) and 48.70 (4), Stats., shall:

1. Furnish evidence of providing a service to cover a geographic area with no less than a 50 mile radius or 200,000 population base.

2. Have a social service supervisory staff of one or more persons available, who, in addition to meeting the requirements of s. DCF 54.03 (2) (c) 2., have one year’s experience in the study, placement, and postplacement services in an agency authorized to place children for adoption.

3. Place at least 15 children in adoption a year.

4. If fewer than 20 children are under supervision or placed within one year, assign this responsibility to one staff person.

5. Assign to one worker no less than 5 placements a year.