Chapter DCF 57

DCF 57.16(5)(c) (c) Workshops, conferences, seminars, lectures, correspondence courses, or home study courses.

DCF 57.16(5)(d) (d) Time spent reading and viewing educational materials pertaining to the resident population served by the group home may be counted for up to 5 hours of continuing education per year.

DCF 57.16 History History: CR 04-067: cr. Register September 2005 No. 597, eff. 1-1-06; corrections in (1) (a), (b) and (4) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; EmR1633: emerg. cr. (4m), eff. 11-18-16; CR 16-051: cr. (4m) Register July 2017 No. 739, eff. 8-1-17.

DCF 57.17 DCF 57.17 Personnel policies and records.

DCF 57.17(1) (1) Policies. A licensee shall have written personnel policies and procedures. The policies and procedures shall include all of the following:

DCF 57.17(1)(a) (a) The creation and use of job descriptions that describe the staff member’s roles, responsibilities and duties.

DCF 57.17(1)(b) (b) An orientation plan that shall include how and when orientation of new hires and volunteers will be conducted and documented.

DCF 57.17(1)(c) (c) Work schedules of each staff member and policies on the use of relief help.

DCF 57.17(1)(d) (d) Continuing education and training requirements.

DCF 57.17(1)(e) (e) Designation of the chain of command or supervisory structure in the group home.

DCF 57.17(1)(f) (f) A requirement that each staff member notify the licensee as soon as possible, but no later than the staff member’s next working day of the circumstances listed in s. DCF 57.18 (3).

DCF 57.17(1)(g) (g) A description of the activities that a volunteer may perform for the group home, orientation of the volunteer, supervision and assurance that the volunteer is following group home policies and procedures, and the information to be provided on the laws of confidentiality and reporting of abuse and neglect.

DCF 57.17(1)(h) (h) Handling of emergencies.

DCF 57.17(2) (2) Personnel records. The licensee shall establish and maintain on the premises a personnel record for each staff member. Each personnel record shall contain all of the following for the staff member for which the record was created:

DCF 57.17(2)(a) (a) A completed application for employment that shall include the staff member’s name, address, date of birth, training, education, work experience, and date of hire.

DCF 57.17(2)(b) (b) Current address.

DCF 57.17(2)(c) (c) Addresses and telephone numbers of references and reference checks results.

DCF 57.17(2)(d) (d) A completed and current background information disclosure form.

DCF 57.17(2)(e) (e) The results of the caregiver background check conducted under s. DCF 57.15 (2) (a) and (3), and the results of any subsequent investigation related to information obtained from each background check.

DCF 57.17(2)(f) (f) A job description that is signed and dated by the staff member.

DCF 57.17(2)(g) (g) A completed physical examination or HealthCheck form, including tuberculosis test results.

DCF 57.17(2)(h) (h) The staff member’s driver’s record, if the staff member is assigned to transport children.

DCF 57.17(2)(i) (i) A training record that shall include documentation of the staff member’s receipt of the orientation, training, and continuing education required under s. DCF 57.16. Documentation shall include all of the following:

DCF 57.17(2)(i)1. 1. Date and time of orientation and each training session.

DCF 57.17(2)(i)2. 2. Name of each person that conducted each orientation and training.

DCF 57.17(2)(i)3. 3. Total hours of training or continuing education received.

DCF 57.17(2)(i)4. 4. Whether the staff member completed the requirements of the training or continuing education session.

DCF 57.17(2)(j) (j) Documentation of all first aid and CPR certifications.

DCF 57.17(2)(k) (k) Any disciplinary actions issued to the employee.

DCF 57.17(2)(L) (L) For RPPS decision makers, documentation of the training required under s. DCF 57.16 (4m).

DCF 57.17(2m) (2m) Exemption. Relief help are exempt from providing a physical examination or HealthCheck form to the licensee.

DCF 57.17(3) (3) Volunteer personnel record. The licensee shall establish and maintain on the premises a volunteer personnel record for each volunteer used by the licensee. Each record shall contain all of the information required in sub. (2) except the physical examination or HealthCheck form and caregiver background check results.

DCF 57.17 History History: CR 04-067: cr. Register September 2005 No. 597, eff. 1-1-06; corrections in (1) (f), (2) (d), (e) and (i) (intro.) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; correction in (2) (d) made under s. 13.92 (4) (b) 7., Stats., Register September 2016 No. 729; EmR1633: emerg. cr. (2) (L), eff. 11-18-16: CR 16-051: cr. (2) (L) Register July 2017 No. 739, eff. 8-1-17.

DCF 57.18 DCF 57.18 Staff member and volunteer responsibilities.

DCF 57.18(1) (1) Pursuant to s. 48.981 (2) and (3), Stats., a licensee, staff member, or volunteer who knows or has reasonable cause to suspect that a child has been abused as defined in s. 48.02 (1), Stats., or neglected as defined in s. 48.02 (12g), Stats., shall immediately inform by telephone or in person, a county department of human or social services or a local law enforcement agency.

DCF 57.18(2) (2) Staff members and volunteers shall keep information and records on residents confidential pursuant to the requirements in s. DCF 57.39.

DCF 57.18(3) (3) Each staff member shall notify the licensee as soon as possible, but no later than the staff member’s next working day of all of the following:

DCF 57.18(3)(a) (a) A conviction of any crime.

DCF 57.18(3)(b) (b) A current or past investigation 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 child or other client, or an investigation related to misappropriation of a client’s property.

DCF 57.18(3)(c) (c) A governmental finding substantiated against them of abuse or neglect of a client or of misappropriation of a client’s property.

DCF 57.18(3)(d) (d) A denial, restriction, or other limitation of a license or credential from the department of safety and professional services.

DCF 57.18(4) (4) The staff member shall demonstrate competency in the group home’s program statement, policies and procedures, roles and responsibilities, and resident rights.

DCF 57.18 History History: CR 04-067: cr. Register September 2005 No. 597, eff. 1-1-06; correction in (2) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register May 2010 No. 653; correction in (3) (d) made under s. 13.92 (4) (b) 6., Stats., Register December 2011 No. 672, eff. 1-1-12.

subch. III of ch. DCF 57 Subchapter III — Admission and Discharge

DCF 57.19 DCF 57.19 Admissions.

DCF 57.19(1) (1) A child may not be admitted to a group home except under a written voluntary agreement or court order.

DCF 57.19(2) (2) Except as provided in sub. (2m), admission of a child under a voluntary agreement may not exceed 15 days from the date the child was removed from the home and may not be extended.

DCF 57.19(2m) (2m) An admission of a custodial parent or expectant mother may be under a voluntary placement agreement for no longer than 180 days from the date on which the child was removed from the home under the agreement. A placement agreement under this subsection may be extended if an independent reviewing agency, such as an agency licensed under s. 48.61 (3), Stats., or a county department, determines that the extension would be in the best interests of the resident and if the resident and the resident’s parent or guardian consent to the extension.

DCF 57.19(3) (3) If a placing agency places a child in a group home, the agency shall enter a written agreement with the licensee. The agreement shall include all of the following pursuant to s. 48.64 (1m), Stats.:

DCF 57.19(3)(a) (a) That the agency shall have access at all times to the child and the group home.

DCF 57.19(3)(b) (b) That the child will be released to the placing agency whenever the agency or the department finds that the best interest of the child requires it.

DCF 57.19(4) (4) Admission decisions shall be in accordance with the group home program statement, the compatibility of the child with the group home and the policies and procedures of the group home, and this chapter.

DCF 57.19(5) (5) 

DCF 57.19(5)(a) (a) Except as provided in par. (b), there shall be no more than 4 years difference in the ages of the children admitted to the group home as residents.

DCF 57.19(5)(b) (b) The age difference limitation stated in par. (a) does not apply to children admitted to a group home licensed for respite care or for homeless and runaway youth.

DCF 57.19(6) (6) A group home may admit a child 18 years of age or over, but under 21 years of age, if any of the following circumstances exist:

DCF 57.19(6)(a) (a) The group home will not have more than 2 children 18 years of age or over, but under 21 years of age.

DCF 57.19(6)(b) (b) The group home has a license to serve a resident population that is 18 years of age or over, but under 21 years of age, and is transitioning to independence.

DCF 57.19 Note Note: A licensee of an existing group home may request a license amendment under s. DCF 57.515 (2).

DCF 57.19(6)(c) (c) The department has granted an exception under s. DCF 57.02 to allow the group home to admit or continue the admission of the child. If the group home does not have a license specified in par. (b), an exception is required before the group home may admit or provide care for more than 2 children 18 years of age or over, but under 21 years of age.

DCF 57.19(7) (7) Each child admitted to a group home as a resident shall have had a health examination performed by an individual licensed to perform the examination no more than one year before being admitted to the group home or shall have the examination within 30 days after the date of admission if the consent required under s. DCF 57.25 (1) has been obtained. Documentation of the examination shall be maintained in the resident’s record as required in s. DCF 57.38 (1) (i) 3.

DCF 57.19(8) (8) Before or upon admission to a group home each resident shall be provided with all of the following:

DCF 57.19(8)(a) (a) Information on exits and evacuation routes.

DCF 57.19(8)(b) (b) Oral notification and a written copy of the resident rights specified in s. DCF 57.24. If the resident is 17 years of age or younger, a copy shall also be made available to the resident’s parent or guardian, and legal custodian, if available.

DCF 57.19(8)(c) (c) A copy of the house rules developed under s. DCF 57.05 (2) (k). A copy of the house rules shall also be provided to the resident’s parent, guardian, or legal custodian, as appropriate.

DCF 57.19(9) (9) Upon receipt of a notice of revocation of the group home license and during any revocation proceedings that may result, the licensee may not admit a child as a resident except as provided in s. DCF 57.56 (2).

DCF 57.19 History History: CR 04-067: cr. Register September 2005 No. 597, eff. 1-1-06; corrections in (7), (8) (b), (c) and (9) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; EmR1414: emerg. r. and recr. (6), eff. 8-1-14; CR 14-054: r. and recr. (6) Register April 2015 No. 712, eff. 5-1-15; CR 16-051: am. (6) (a), (c) Register July 2017 No. 739, eff. 8-1-17.

DCF 57.20 DCF 57.20 Discharge.

DCF 57.20(1) (1) Except as provided in sub. (3), the licensee shall complete and send to the appropriate placing agency a discharge summary for each resident discharged from the group home within 30 days of the resident’s discharge. A copy of the summary shall be placed in the resident’s record. The discharge summary shall include all of the following:

DCF 57.20(1)(a) (a) Dates of the resident’s stay.

DCF 57.20(1)(b) (b) Reason for discharge.

DCF 57.20(1)(c) (c) Summary of incidents involving the resident as described in s. DCF 57.13 (1).

DCF 57.20(1)(d) (d) Description of type of admission.

DCF 57.20(1)(e) (e) Any other relevant information.

DCF 57.20(2) (2) The discharge summary developed for a respite care or other placement under a voluntary agreement shall be provided to the parent, guardian, legal custodian, or placing agency, as appropriate upon discharge. A copy of the summary shall be placed in the resident’s record.

DCF 57.20(3) (3) Thirty days before a discharge of a resident whose placement is court ordered for reasons other than revocation or denial of a license, the post-discharge plan developed under s. DCF 57.23 (3) shall be provided to the resident, the resident’s parent, guardian or legal custodian, if available.

DCF 57.20(4) (4) The licensee shall allow the placing agency at least 15 days to make plans for a resident whom the licensee requests that the placing agency remove from the group home unless both parties agree to earlier removal.

DCF 57.20(5) (5) All of the resident’s personal belongings, including medical equipment shall accompany the resident upon discharge. A complete accounting of these items shall be placed and maintained in the resident’s record required under s. DCF 57.38. Medication shall be handled as required under s. DCF 57.25 (6) (e) to (g).

DCF 57.20(6) (6) By the effective date of a license revocation the licensee shall have arranged for alternative placement for each resident. Arrangements for alternative placement shall be made in cooperation with each resident’s parent or guardian, and legal custodian or placing agency, if not the same. The licensee shall share the placement information with the licensing representative at least one week before the effective date of the revocation.

DCF 57.20 History History: CR 04-067: cr. Register September 2005 No. 597, eff. 1-1-06; corrections in (1) (c), (3) and (5) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635.

subch. IV of ch. DCF 57 Subchapter IV — Resident Care

DCF 57.205 DCF 57.205 Principles for nurturing care. The group home shall do all of the following:

DCF 57.205(1) (1) Provide a safe, stable, and humane environment.

DCF 57.205(2) (2) Encourage a resident’s autonomy, respect a resident’s need for privacy and consider a resident’s preferences and choices while providing care, supervision, and training.

DCF 57.205(3) (3) Provide care that is respectful toward the beliefs, interpersonal styles, attitudes and behaviors of residents and families of various cultures.

DCF 57.205 History History: CR 04-067: cr. Register September 2005 No. 597, eff. 1-1-06.

DCF 57.21 DCF 57.21 Staff to resident ratios and supervision.

DCF 57.21(1) (1) In this section, “supervision” means guidance of the behavior and activities of a resident by a staff member who is within sight or sound of a resident to ensure the safety and well-being of the resident.

DCF 57.21(2) (2) The staff-to-resident ratios of a group home shall be as follows: