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History: EmR1106: emerg. cr., eff. 9-16-11; CR 11-026: cr. Register December 2011 No. 672, eff. 1-1-12.
DCF 57.08Insurance.
(1)A corporation-operated or an agency-operated group home shall purchase and maintain insurance that provides coverage of the premises and of the risks of the group home in the provision of services as identified by an insurer licensed by the office of the commissioner of insurance.
(2)Unless waived by the department under s. 48.627 (2) (b), Stats., a family-operated group home shall purchase and maintain homeowner’s or renter’s liability insurance that provides coverage for negligent acts or omissions by children placed in the group home that results in bodily injury or property damage to third parties pursuant to s. 48.627 (2) (a), Stats.
(3)The licensee shall purchase and maintain motor vehicle bodily injury and property damage liability insurance that provides coverage on each motor vehicle used to transport residents. The amount of motor vehicle insurance purchased under this subsection shall be consistent with the amounts specified under s. 121.53 (1), Stats.
History: CR 04-067: cr. Register September 2005 No. 597, eff. 1-1-06.
DCF 57.09Weapons. No weapons, firearms, or ammunition may be on the premises.
History: CR 04-067: cr. Register September 2005 No. 597, eff. 1-1-06.
DCF 57.10Pets and animals.
(1)Any animal that is kept on the premises as a pet shall be vaccinated against rabies as determined appropriate by a veterinarian and shall be tolerant of residents.
(2)A pet suspected of being ill or infected shall be treated immediately for its condition or removed from the group home.
(3)Pens, cages, litter boxes and outside areas used by pets shall be kept clean.
(4)Each pet shall be kept and handled in a manner that protects the safety and well-being of residents and the pet.
(5)No pet may be allowed in any area while food is being prepared.
History: CR 04-067: cr. Register September 2005 No. 597, eff. 1-1-06.
DCF 57.11Telephone. A telephone that is operational shall be available on the premises at all times.
History: CR 04-067: cr. Register September 2005 No. 597, eff. 1-1-06.
DCF 57.12Transportation.
(1)The licensee shall provide safe transportation of residents.
(2)Except as provided in sub. (3) each staff member or volunteer that transports a resident shall be at least 21 years of age, have at least one year of experience as a licensed driver, and hold a current Wisconsin operator’s license for the type of vehicle driven.
(3)A licensee shall obtain a copy annually of the driving record for each staff member or volunteer who may transport a resident and shall keep the record on file at the group home. A person whose driving record shows any one of the violations specified in s. 346.62 or 346.63, Stats., having occurred in the last 12 months may not transport a resident.
Note: To obtain a copy of a driving record, contact the Bureau of Driver Services, Department of Transportation, P.O. Box 7918, Madison, WI 53707.
(4)The number of residents transported in a vehicle at any one time may not exceed the passenger limit specified by the vehicle’s manufacturer.
(5)Any vehicle used by a staff member or volunteer to transport residents shall be in safe operating condition. At 12-month intervals the licensee shall provide the department with evidence of a vehicle’s safe operating condition on a form DCF-F-4148-E.
Note: Form number DCF-F-4148-E, Child Welfare 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 A.
(6)Vehicles shall be clean, uncluttered, and free of obstructions on the floors, aisles and seats.
(a) 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.:
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.
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.
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.
(b) 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.
(9)Each motor vehicle used to transport residents shall be insured as required under s. DCF 57.08 (3).
History: CR 04-067: cr. Register September 2005 No. 597, eff. 1-1-06; corrections in (8) and (9) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; EmR1106: emerg. am. (3), r. and recr. (7), r. (8), eff. 9-16-11; CR 11-026: am. (3), r. and recr. (7), r. (8) Register December 2011 No. 672, eff. 1-1-12; correction in (5) made under s. 13.92 (4) (b) 6., Stats., Register July 2019 No. 763.
DCF 57.13Licensee reporting requirements to the department. A licensee shall report all of the following to the department:
(1)Serious incidents. The licensee shall report a serious incident by telephone, mail or facsimile to the regional office that serves the group home within 72 hours after each occurrence including all of the following:
(a) Any incident of suspected child abuse or neglect by an employee of the group home, volunteer of the group home or household member of the group home; including a report made to a law enforcement agency, a county department of social or human services, or a child welfare agency.
(b) Each incident requiring law enforcement services at the group home or that involves a resident.
Note: Examples of serious incidents requiring law enforcement services include acts such as physical or sexual assault, drug related offenses, damage or theft of property or weapons offenses. Serious incidents also include incidents in which a runaway resident is held by law enforcement for an offense such as assault, theft or weapons violations.
(c) The use of a restraint on a resident. A report on the use of a restraint shall be made following the requirements in s. DCF 57.27 (3) (c).
(d) Any injury or trauma to a resident or staff member for which the resident or staff member requires the services of a licensed medical professional including all of the following:
1. A broken bone.
3. A concussion.
4. A wound requiring stitches.
5. The ingestion of poison or drug overdose.
6. A traumatic incident such as a resident who nearly drowns or suffocates or who goes into shock.
(e) An error in medication administration by either a resident or staff member.
(f) The death of a resident.
(g) A suicide attempt by a resident.
(h) Outbreak of a reportable communicable disease as defined in ch. DHS 145.
Note: Information regarding reportable communicable diseases can be obtained from local county public health departments.
(i) A condition or situation that requires the removal of residents from the group home or the closure of the group home.
(j) Any physical damage to the premises that would affect compliance with this chapter including any structural damage that would affect the safe shelter of residents or any failure in the heating, cooling, electrical, plumbing, or smoke or fire detection system that is not repaired or that cannot be repaired within 24 hours after the failure occurs or becomes known.
(k) A fire on the premises that requires the services of a fire department.
Note: Form CFS2146, Serious Incident Report, is available in the forms section of the department website, http://dcf.wisconsin.gov or by calling or writing any field office in Appendix A.
(2)Discharge of residents from out-of-state. At the end of each month, the licensee shall report in writing to the department’s interstate compact office of each resident from out-of-state that is discharged from the group home that month. The report shall include all of the information specified in s. DCF 57.20 (1) (a) to (e).
Note: Reports of discharged residents from out-of-state may be mailed or faxed to Interstate Compact on Placement of Children, Division of Safety and Permanence, 1 West Wilson St., P.O. Box 8916, Madison, WI 53708-8916. The facsimile number is (608) 266-5144.
(3)Vehicle accidents. Within 7 calendar days after an accident involving a vehicle transporting a resident, the licensee shall submit a copy of any resulting police report to the department.
(4)Placement of juvenile offenders. The group home shall notify the department field office that serves the group home in writing, by phone, or facsimile within 48 hours of the admission of each serious juvenile offender as defined in s. DCF 57.04 (38) unless that is the primary client group served by the group home.
(5)Behavior intervention. A licensee shall report to the department each incident of physical restraints used with a resident within 72 hours of each occurrence.
Note: To report use of physical restraint, use form CFS2146, Serious Incident Report, which is available in the forms section of the Department’s website at http://dcf.wisconsin.gov or by writing or telephoning any one of the field offices listed in Appendix A.
(6)Proof of insurance. The licensee shall annually submit to the department proof of insurance purchased and maintained pursuant to s. DCF 57.08.
(7)Discontinuing or changing operations.
(a) The licensee shall notify the department in writing at least 30 calendar days before discontinuing operation of a group home. The notice shall include the discharge summary specified in s. DCF 57.20 (1) and the post-discharge plan required under s. DCF 57.23 (3) (b), for each resident
(b) The licensee of a corporation-operated group home shall notify the department within 30 calendar days of any change in the executive responsible for the group home, the chairperson of the board or in the corporate structure.
(8)Plans of correction. If requested by the department, the licensee shall submit a plan of correction for cited violations of this chapter or ch. 48, Stats., in a format provided by the department. The plan of correction must be received by the date specified by the department and be approved by the licensing representative.
Note: The licensing representative will notify the licensee at the conclusion of a licensing visit or within 10 working days after the licensing visit, if a plan of correction is required, the date the plan of correction is to be received by the department, and format.
(9)Fire safety inspection. The licensee shall submit annually to the department, the results of the fire safety inspection required under s. DCF 57.42 (4).
(10)Background information reporting.
(a) When an individual that is not a client becomes a household member or is expected to become a household member, the licensee, as soon as possible, but no later than the department’s next business day, shall submit to the department a background information disclosure form for the individual.
Note: DCF-F-2978-E, Background Information Disclosure, is available in the forms section of the department website, http://dcf.wisconsin.gov, or by calling or writing any field office in Appendix A.
(b) As soon as possible but no later than the department’s next business day, the licensee shall report to the department for the licensee and each household member who is 10 years old or older all of the following background changes:
1. The person has been convicted of any crime.
2. The person has been or is being investigated by any governmental agency for any act, offense or omission, including an investigation related to the abuse or neglect, or threat of abuse or neglect, to a resident or other individual; or an investigation related to misappropriation of a client’s property.
3. The person has a governmental finding substantiated against them of abuse or neglect of a client or of misappropriation of property.
4. In the case of a position for which the person must be credentialed by the department of safety and professional services, the person has been denied a license or the person’s license has been restricted or otherwise limited.
5. The person has pending criminal charges.
(11)Well water nitrate levels. For group homes with expectant mothers or infants under 6 months old, the licensee shall report water nitrate levels as required in ss. DCF 57.36 (8) and 57.37 (8).
Note: Reports submitted under this section should be submitted to the field office listed in Appendix A that serves the group home.
History: CR 04-067: cr. Register September 2005 No. 597, eff. 1-1-06; reprinted to correct printing error in (1) (e), Register October 2005 No. 598; corrections in (1) (c), (h), (2), (4), (6), (7) (a), (9) and (11) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; EmR1106: emerg. am. (4), eff. 9-16-11; CR 11-026: am. (4), correction in (10) (b) 4. made under s. 13.92 (4) (b) 6., Stats., Register December 2011 No. 672, eff. 1-1-12; EmR1414: emerg. am. (1) (j), eff. 8-1-14; CR 14-054: am. (1) (j) Register April 2015 No. 712, eff. 5-1-15.
DCF 57.135Responsibility to placing agencies.
(1)The licensee shall notify the placing agency as soon as possible of any emergency involving the resident. This includes serious illness or injury requiring medical treatment, death of a resident or child, unauthorized absence from the home, use of physical restraint, physical intervention, or any other similar crisis related to a group home resident. This requirement does not relieve the licensee from first taking whatever action is necessary to protect the health, safety and welfare of the resident.
(2)The licensee shall keep the placing agency informed of the resident’s progress while in care and shall consult with the agency regarding treatment plans and treatment plan reviews, care, training, and plans for the resident whenever more than the day-to-day routine is involved.
History: CR 04-067: cr. Register September 2005 No. 597, eff. 1-1-06.
Subchapter II — Personnel
DCF 57.14Personnel requirements.
(1)Definitions. In this section, “college” or “university” means an institution which is accredited on a degree granting level by an accrediting agency which is listed by the United States department of education as a nationally recognized accrediting agency.
(2)Age requirement.
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.