Chapter DCF 57

DCF 57.37   Additional requirements for care of children 6 years of age or younger.

DCF 57.38   Resident records.

DCF 57.39   Confidentiality.

Subchapter V — Physical Environment and Safety

DCF 57.40   Physical plant and environment.

DCF 57.41   General safety precautions.

DCF 57.42   Fire safety.

DCF 57.425   Carbon monoxide detector.

DCF 57.43   Furnishings and appliances.

DCF 57.44   Sanitation.

Subchapter VI — Licensing and Enforcement

DCF 57.45   Group home location.

DCF 57.46   Other licenses and uses.

DCF 57.47   Group home capacity limits.

DCF 57.48   General conditions for approval of application.

DCF 57.485   Determination of need.

DCF 57.49   License application.

DCF 57.50   Licensure prohibited.

DCF 57.51   Probationary and regular license.

DCF 57.515   License provisions.

DCF 57.52   Corporate licensure.

DCF 57.53   Transferability of license.

DCF 57.54   Posting of license and citations.

DCF 57.55   Sanctions and penalties.

DCF 57.56   License revocation.

DCF 57.57   Summary suspension of a license.

DCF 57.58   Appeal procedure.

DCF 57.59   Complaints.

Subchapter VII — Rate Regulation

DCF 57.60   Rate determination.

DCF 57.61   Allowable costs.

DCF 57.62   Rate methodology.

DCF 57.63   Rate resolution.

DCF 57.64   Extraordinary payments.

DCF 57.65   Advisory committee.

Ch. DCF 57 Note Note: Ch. HSS 57 was renumbered to ch. HFS 57 under 13.93 (2m) (b) 1., Stats. and corrections made under s. 13.93 (2m) (b) 6. and 7., Stats., Register, December, 1999, No. 528; Chapter HFS 57 as it existed on December 31, 2005, was repealed and a new chapter HFS 57 was created Register September 2005 No. 597, eff. 1-1-06. Chapter HFS 57 was renumbered to chapter DCF 57 under s. 13.92 (4) (b) 1., Stats., Register November 2008 No. 635.

subch. I of ch. DCF 57 Subchapter I — General Provisions

DCF 57.01 DCF 57.01 Authority and purpose. This chapter is promulgated under the authority of s. 48.67, Stats., to carry out licensing duties authorized under s. 48.66, Stats., and the authority of s. 49.343, Stats., to establish the per client rate that a group home may charge for its services. The purpose of this chapter is to protect and promote the health, safety and welfare of children placed in group homes and promote efficient provision of services.

DCF 57.01 History History: CR 04-067: cr. Register September 2005 No. 597, eff. 1-1-06; EmR1106: emerg. am., eff. 9-16-11; CR 11-026: am. Register December 2011 No. 672, eff. 1-1-12.

DCF 57.015 DCF 57.015 Compliance with administrative rules and laws. A person who is licensed under this chapter shall operate the group home in compliance with this chapter, the provisions of the license, and applicable state, federal, and local law.

DCF 57.015 History History: CR 04-067: cr. Register September 2005 No. 597, eff. 1-1-06.

DCF 57.02 DCF 57.02 Exceptions to rules.

DCF 57.02(1) (1) The department may grant an exception to a non-statutory requirement of this chapter if the department determines that the exception will not jeopardize the health, safety, or welfare of any child served by the group home.

DCF 57.02(2) (2) A request for an exception to a non-statutory rule requirement shall be made to the department on a form prescribed by the department and shall justify each reason for requesting an exception. The request shall also describe an alternative that meets the intent of the requirement.

DCF 57.02 Note Note: Form DCF-F-5023-E, Child Welfare Request for Exception, is available in the forms section of the department website, http://dcf.wisconsin.gov. Requests for an exception should be sent to the field office listed in Appendix A that serves the group home.

DCF 57.02 History History: CR 04-067: cr. Register September 2005 No. 597, eff. 1-1-06; EmR1414: emerg. am. (2), eff. 8-1-14; CR 14-054: am. (2) Register April 2015 No. 712, eff. 5-1-15.

DCF 57.04 DCF 57.04 Definitions. In this chapter:

DCF 57.04(1) (1) “Age or developmentally appropriate activities” means activities that are generally accepted as suitable for children of a given chronological age or level of maturity or that are determined to be developmentally appropriate for a child based on the cognitive, emotional, physical, and behavioral capacities that are typical for children of a given age or age group or, in the case of a specific resident, activities that are suitable for the resident based on the cognitive, emotional, physical, and behavioral capacities of that resident.

DCF 57.04(1m) (1m) “Agency-operated group home” means a group home for which the licensee is a public agency other than the department.

DCF 57.04(2) (2) “Background information disclosure form” means the department form on which a person provides certain information concerning the person’s background.

DCF 57.04 Note Note: DCF-F-2978-E, Background Information Disclosure, is available in the forms section of the department’s website at http://dcf.wisconsin.gov or from the filed office listed in Appendix A that serves the group home.

DCF 57.04(3) (3) “Behavior intervention” means any containment, management or treatment technique or procedure used to intervene in a resident’s behavior when that behavior poses a clear and present danger of serious physical harm to the resident or to others.

DCF 57.04(4) (4) “Caregiver” has the meaning given in s. 48.685 (1) (ag), Stats.

DCF 57.04(5) (5) “Caregiver background check” means the search required by s. 48.685 (2), Stats.

DCF 57.04(6) (6) “Child” is a person who is under 21 years of age and is under juvenile court jurisdiction or other court order, is being provided services by a child welfare or juvenile justice agency, or is placed under an agreement.

DCF 57.04(7) (7) “Child abuse” means abuse as specified in s. 48.02 (1), Stats.

DCF 57.04(8) (8) “Child neglect” has the meaning given in s. 48.02 (12g), Stats.

DCF 57.04(9) (9) “Corporation-operated group home” means a home for which the licensee is a non-profit or proprietary corporation that operates one or more group homes.

DCF 57.04(9m) (9m) “County department” or “county” means a county department of social services under s. 46.215 or 46.22, Stats.; a county department of human services under s. 46.23, Stats.; or a county department under s. 51.42 or 51.437, Stats.

DCF 57.04(10) (10) “Custodial parent” means a resident whose child resides in the group home with the resident.

DCF 57.04(11) (11) “Department” means the department of children and families.

DCF 57.04(12) (12) “Emergency” means serious medical incidents, fire, tornadoes, flooding, and loss of services to the group home such as electricity, heat, water or telephone, or threats to the premises or its occupants.

DCF 57.04(13) (13) “EPSDT” means early and periodic screening, diagnosis and treatment of persons under s. DHS 107.22.

DCF 57.04(13m) (13m) “Family interaction plan” means a plan developed by a placing agency to promote a resident’s interaction with members of the resident’s family and includes interaction by face-to-face contact; telephone calls; letters; emails; and attendance at routine activities, such as counseling sessions, medical appointments, school events, and faith-related activities.

DCF 57.04(14) (14) “Family-operated group home” means a home for which the licensee is one or more individuals who operate not more than one group home.

DCF 57.04(15) (15) “Fit and qualified” means displaying the capacity to successfully nurture and care for children and shall not include a history of a civil action, criminal conviction or administrative rule violation that substantially relates to the care of a child; a history of exercising unsound judgment or abuse of alcohol or drugs.

DCF 57.04 Note Note: For help in determining whether a civil action, criminal conviction, or administrative rule violation substantially relates to the care of children, consult s. DCF 12.06.

DCF 57.04(16) (16) “Group home” means a facility operated by a person licensed by the department pursuant to s. 48.625, Stats., to provide 24-hour care for 5 to 8 residents.

DCF 57.04(17) (17) “Group home manager” means a person who is responsible for the day-to-day operations of a group home.

DCF 57.04(18) (18) “Guardian” means a person or agency appointed by a court to have the duties and authority of guardianship as described under s. 48.023, Stats.

DCF 57.04(19) (19) “HealthCheck provider” means a provider certified under ch. DHS 105, to provide EPSDT health assessment and evaluation services.

DCF 57.04(20) (20) “Household member” means any person who resides, or is expected to reside, at the group home, who is not a resident of the group home and who has or may have direct contact with group home residents, whether or not related to the licensee.

DCF 57.04(21) (21) “House rules” means a summary of the group home’s standards related to resident conduct, responsibilities, expectations, and daily activities.

DCF 57.04(22) (22) “Law enforcement agency” has the meaning given in s. 165.83 (1) (b), Stats.

DCF 57.04(23) (23) “Legal custodian” means a person, other than a parent or guardian, or an agency to whom legal custody of a child has been transferred by a court, but does not include a person who has only physical custody of a child.

DCF 57.04(24) (24) “Legal custody” has the meaning given in s. 48.02 (12), Stats.

DCF 57.04(25) (25) “Licensee” means a person licensed by the department pursuant to s. 48.66, Stats., to operate a group home.

DCF 57.04(25m) (25m) “Normalcy” means a resident’s ability to easily engage in healthy and age or developmentally appropriate activities that promote his or her well-being, such as participation in social, scholastic, and enrichment activities.

DCF 57.04(26) (26) “Parent” has the meaning specified in s. 48.02 (13), Stats., or in s. 938.02 (13), Stats.

DCF 57.04(27) (27) “Permanency plan” means the plan required under s. 48.38 (2), Stats., that is designed to ensure that a child placed in a group home is safely reunified with the child’s family whenever appropriate, or that the child quickly attains a safe placement in a home providing long-term stability.

DCF 57.04(28) (28) “Physical custody” means actual custody of the person in the absence of a court order granting legal custody to the physical custodian.

DCF 57.04(29) (29) “Physician” has the meaning given in s. 448.01 (5), Stats.

DCF 57.04(30) (30) “Placing agency” means an agency that is licensed under s. 48.60, Stats., and ch. DCF 54, to place children into adoptive homes, foster homes or group homes, to accept guardianship of children or to license foster homes, a county department with powers and duties as defined under s. 48.57, Stats., the department, the Wisconsin department of corrections or any other authorized placement authority.

DCF 57.04(31) (31) “Premises” means the physical plant of the group home, the tract of land on which the group home is situated and any other building or structure on that land.

DCF 57.04(32) (32) “Program director” means a person that is either on staff or under contract with the group home to provide program oversight and case management for residents of the group home.

DCF 57.04(32m) (32m) “Reasonable and prudent parent standard” means a standard for use in making decisions concerning a resident’s participation in age or developmentally appropriate extracurricular, enrichment, cultural, and social activities that is characterized by careful and sensible parental decisions that maintain the health, safety, best interests, and cultural, religious, and tribal values of the resident while at the same time encouraging the emotional and developmental growth of the resident.

DCF 57.04(33) (33) “Relief help” means an individual that is used by the licensee on an irregular and infrequent basis for brief periods of time to provide care for residents.

DCF 57.04 Note Note: An individual regularly scheduled to replace a resident care staff on days off or for prolonged periods is considered a resident care staff.