DCF 54.03(3)(a)
(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.
DCF 54.03(3)(b)
(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.
DCF 54.03 History
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(1)(a)(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.
DCF 54.04(1)(b)1.
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.
DCF 54.04(1)(b)2.
2. Secure and record information which substantiates the planning for the child.
DCF 54.04(1)(b)3.
3. Accept a child for placement only when legally authorized to do so.
DCF 54.04(1)(b)4.
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.
DCF 54.04(1)(c)
(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.
DCF 54.04(1)(d)
(d) Adopt written policies for placement and discharge from service.
DCF 54.04(1)(e)
(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.
DCF 54.04(1)(f)
(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:
DCF 54.04(1)(f)1.
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.
DCF 54.04(1)(f)4.
4. Place and/or supervise a minimum of 5 children a year in foster care, exclusive of adoptive placement.
DCF 54.04(1)(f)5.
5. Assign the responsibility for supervision to one staff person when there are fewer than 20 children in foster care.
DCF 54.04(1)(f)6.
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.
DCF 54.04(1)(f)7.
7. Maintain individual foster home records for each home used by the agency which includes signed applications and agreements.
DCF 54.04(1)(f)8.
8. Establish an administrative plan for periodic review of children in boarding home placement.
DCF 54.04(1)(g)
(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:
DCF 54.04(1)(g)1.
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.
DCF 54.04(1)(g)2.
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.
DCF 54.04(1)(g)4.
4. If fewer than 20 children are under supervision or placed within one year, assign this responsibility to one staff person.
DCF 54.04(1)(g)6.
6. Accept applicants only from the geographical area covered by the license.
DCF 54.04(1)(g)7.
7. Develop and follow written intake policies for the acceptance of children and prospective adoptive families. Intake policies shall 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.
DCF 54.04(1)(g)8.
8. Establish an administrative plan for a periodic review of children in the agency's guardianship.
DCF 54.04(1)(g)9.
9. When a child is determined ready for placement the child shall be placed within 3 months by the guardianship agency or referred to another agency or resource for placement.
DCF 54.04(1)(g)10.
10. Provide postplacement services to the adoptive family for the purpose of effecting a successful integration of the child into the family.
DCF 54.04(1)(g)11.
11. Maintain a record of the study of the adoptive home and of the placement and postplacement services.
DCF 54.04(1)(g)12.
12. Require workers to inform prospective adoptive parents interested in adopting a special needs child about the subsidized adoption program and that they may submit an application for an adoption subsidy.
DCF 54.04(1)(g)13.
13. Comply with ch.
DCF 53 regarding adoption information search and disclosure to adoptees and disclosure of medical, genetic and non-identifying social history information to the courts, adoptees, adoptive parents or birth parents.
DCF 54.04(1)(h)
(h) An agency shall complete all components of a standardized assessment tool prescribed by the department to conduct the home study required for approval of a placement for adoption, recognition of a foreign adoption, and issuance of a license to operate a foster home. Completion shall include dates and signatures where specified by the tool.
DCF 54.04 Note
Note: The standardized assessment tool prescribed by the department is the Structured Analysis Family Evaluation (SAFE) tool. Contact the department's Division of Safety and Permanence for further information at P.O. Box 8916, Madison, WI 53708-8916.
DCF 54.04(2)(a)(a) Education. The agency shall be responsible for providing opportunities for academic and vocational training.
DCF 54.04(2)(b)1.
1. See that each child has a thorough health appraisal and a rehabilitative health program as indicated.
DCF 54.04(2)(b)3.
3. Provide for consultation to staff in the areas of medical, dental, psychological and psychiatric need.
DCF 54.04(2)(b)4.
4. Obtain, when needed, psychiatric and psychological services including tests and examinations.
DCF 54.04(2)(c)
(c) Admission examination—health qualifications. Each child shall have a physical examination from a qualified physician within 90 days prior to the initial acceptance for placement. If the foregoing has not occurred, the examination shall be given within 48 hours after acceptance.
DCF 54.04(2)(c)1.
1. Prior to placement the child shall have been observed by a person competent to recognize common signs of communicable diseases.
DCF 54.04(2)(c)2.
2. It shall be determined that each child is adequately immunized against the following diseases:
DCF 54.04(2)(c)3.
3. Each child shall have been given a tuberculin test, and chest X-ray if indicated, within 6 months prior to acceptance.
DCF 54.04(2)(c)4.
4. All medical reports, i.e., physical examinations, tests and recommendations shall be in writing and filed with the agency.
DCF 54.04(2)(d)
(d) Medical examinations. Each agency shall provide for each child annually a health examination covering the areas included on a department-prescribed form.
DCF 54.04 Note
Note: A health examination form may be obtained by writing or telephoning any field office listed in Appendix A.
DCF 54.04(2)(e)1.1. Each agency shall have a plan and make provisions for prompt treatment in illnesses and for carrying out corrective measures and treatment of remedial defects or deformities.
DCF 54.04(2)(f)1.1. Each agency shall provide for regular dental examinations and treatment including necessary prophylaxis, repairs and extractions.
DCF 54.04(2)(f)2.
2. Each child over 3 shall have a thorough dental examination as soon as practical after acceptance for care and at intervals thereafter not exceeding 6 months after the last examination or completion of treatment.
DCF 54.04(2)(g)
(g) Eye care. Children who are in need of glasses shall have refractions at a minimum of once every 2 years and shall be supplied with glasses as required.
DCF 54.04(2)(h)
(h) Special care. Foster parents shall be informed of the expected precautions to be taken in the care of sick children and in the handling of medicines and prescriptions.
DCF 54.04(2)(i)
(i) Medical records. A health record shall be maintained for each child covering the following health history:
DCF 54.04(2)(i)7.
7. Health history of the child's family including mental, or emotional problems.
DCF 54.04(2)(j)
(j) Clothing. The agency shall furnish each child with clothing which is individually selected and fitted, appropriate to the season and comparable to that of other children in the community.
DCF 54.04(2)(k)
(k) The licensee shall be knowledgeable of and ensure that staff members and volunteers observe the patient rights and grievance resolution procedures in s.
51.61, Stats., and ch.
DHS 94, for each resident that receives services for treatment of mental illness, a developmental disability, alcoholism or drug dependency. Residents that are not specifically identified as coming under s.
51.61, Stats., and ch.
DHS 94 shall have rights and access to grievance resolution procedures that are comparable to those found in s.
51.61, Stats., and ch.
DHS 94.
DCF 54.04 History
History: Cr.
Register, August, 1957, No. 20, eff. 9-1-57; r. and recr.
Register, September, 1970, No. 177, eff. 4-1-71; am. (2) (c) 1. b.,
Register, December, 1972, No. 204, eff. 1-1-73; renum. from PW-CY 40.43 and am. (1) (f) 1., (g) (intro.) and 2. and (2) (b) 2.,
Register, September, 1982, No. 321, eff. 10-1-82; cr. (1) (g) 12.,
Register, January, 1984, No. 337, eff. 2-1-84; cr. (1) (g) 13.,
Register, October, 1984, No. 346, eff. 11-1-84; correction in (1) (g) 9. made under s. 13.93 (2m) (b) 5., Stats.,
Register, June, 1986, No. 366; emerg. am. (1) (b) 1. eff. 9-5-92 and am. (1) (g) 7. eff. 11-1-92; am. (1) (b) 1. and (g) 7.,
Register, May, 1993, No. 449, eff. 6-1-93;
CR 04-040: cr. (2) (k)
Register December 2004 No. 588, eff. 1-1-05; corrections in (1) (f) 1., (g) 2., 13. and (2) (k) made under s. 13.92 (4) (b) 7., Stats.,
Register November 2008 No. 635;
EmR1106: emerg. am. (1) (a), eff. 9-16-11;
CR 11-026: am. (1) (a)
Register December 2011 No. 672, eff. 1-1-12;
EmR1633: emerg. cr. (1) (h), eff. 11-18-16;
CR 16-051: cr. (1) (h)
Register July 2017 No. 739, eff. 8-1-17.
DCF 54.05(1)(1)
Determination that a child is or may be an Indian child. If an agency has obtained information at intake or through other means that the child or at least one of the child's biological parents is or may be of American Indian descent, the child's case manager shall:
DCF 54.05(1)(a)
(a) Carry out and document in the child's case record diligent efforts, including but not limited to contacting the potential tribe or tribes' membership or enrollment offices and child welfare offices, and the U.S. department of interior's bureau of Indian affairs where contacts with individual tribes do not document the child's Indian descent, to verify that the child is an Indian child and to identify the child's Indian tribe;
DCF 54.05(1)(b)
(b) Inform the court of a determination that the child is an Indian child and of the factual basis for that determination and document and date in the child's case record that determination; and
DCF 54.05(2)
(2)
Compliance with Indian child welfare act. If the agency determines under sub.
(1) that a child is an Indian child, the agency shall comply with all provisions of the Indian Child Welfare Act,
25 USC 1901 to
1963, and s.
48.028, Stats.
DCF 54.05(3)(a)
(a) Before providing services to an Indian child and the Indian child's family, the agency shall inform the child's tribe, if known, and ask for the tribe's participation in efforts to provide services to the Indian child and the Indian child's family. The child's case manager shall document and date in the child's case record agency efforts to inform the tribe and seek its participation.
DCF 54.05(3)(b)
(b) The Indian child's case manager shall undertake active efforts to prevent breakup of the child's family by providing remedial services and rehabilitative programs to the Indian child and the child's family in accordance with
25 USC 1912 (d). The child's case manager shall document and date those efforts in the child's case record.
DCF 54.05(4)
(4)
Termination of parental rights. An agency seeking the termination of parental rights to an Indian child shall notify the parents and tribe in accordance with
25 USC 1912 (a) of their rights of intervention and shall provide the court of jurisdiction with information on agency efforts described under sub.
(3). The information shall include the reasons why those efforts proved unsuccessful. The agency shall record in the Indian child's case record the date the information was given to the court.
