Chapter DCF 57

DCF 57.38(1)(i)5. 5. Illnesses and accidents and dates of each.

DCF 57.38(1)(i)6. 6. Medications and treatments received and dates of each.

DCF 57.38(1)(i)7. 7. Allergies, including allergies to food or medication.

DCF 57.38(1)(i)8. 8. Physical limitations.

DCF 57.38(1)(j) (j) Name of school and current grade.

DCF 57.38(1)(k) (k) Religious preference.

DCF 57.38(1)(L) (L) Incident reports involving the resident for whom the record was made.

DCF 57.38(1)(m) (m) Description of any resident rights that are denied or limited and disposition of any grievances.

DCF 57.38(1)(n) (n) Inventory of the resident’s clothing and other possessions.

DCF 57.38(1)(o) (o) Non-medical signed releases and consents.

DCF 57.38(1)(p) (p) Discharge summary.

DCF 57.38(1)(q) (q) Any other information as appropriate.

DCF 57.38(2) (2) Resident records shall be maintained in a secure location pursuant to the confidentiality requirements in s. DCF 57.39. The record required in sub. (1) shall be maintained by the licensee until the resident reaches the age of 21 or 7 years after the resident is discharged from the group home, whichever is later. The record of a resident that has been discharged may be stored off the premises, but must be made available to the department upon request.

DCF 57.38 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; EmR1414: emerg. am. (2), eff. 8-1-14; CR 14-054: am. (2) Register April 2015 No. 712, eff. 5-1-15; EmR1633: emerg. r. and recr. (1) (g), eff. 11-18-16; CR 16-051: r. and recr. (1) (g) Register July 2017 No. 739, eff. 8-1-17.

DCF 57.39 DCF 57.39 Confidentiality. Information and records on residents shall be kept confidential and shall be protected from unauthorized examination pursuant to s. 48.78 and 48.981 (7), Stats., or where applicable s. 51.30 (4), Stats., and ch. DHS 92.

DCF 57.39 History History: CR 04-067: cr. Register September 2005 No. 597, eff. 1-1-06; correction made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635.

subch. V of ch. DCF 57 Subchapter V — Physical Environment and Safety

DCF 57.40 DCF 57.40 Physical plant and environment.

DCF 57.40(1) (1) General requirements.

DCF 57.40(1)(a) (a) In addition to maintaining the premises in compliance with state and local building code requirements, the licensee shall maintain the premises in a state of good repair and in a clean, safe and sanitary condition.

DCF 57.40(1)(b) (b) The department may require a licensee to obtain an inspection of the premises and of the heating, electrical, plumbing, water and sewage systems to determine if any safety or health problems exist.

DCF 57.40(2) (2) Exits.

DCF 57.40(2)(a) (a) Halls leading to exits shall be clear and unobstructed at all times. At least one exit door shall be at least 3 feet in width.

DCF 57.40(2)(b) (b) All stairways serving 3 or more levels shall have a door at either the bottom or top of the stairway which shall be kept closed at all times.

DCF 57.40(2)(c) (c)

DCF 57.40(2)(c)1. 1. Habitable rooms on the second floor shall have access to at least 2 exits. At least one of the exits shall be a stairway to the first floor or to grade.

DCF 57.40(2)(c)2. 2. If a child 6 years of age or over occupies a room on the second floor, a window may be used as an exit if the window can be opened from the inside without the use of tools, is at least 22 inches in the smallest dimension, is at least 5 square feet in area, and has a lower sill not more than 4 feet from the floor and a window escape ladder for use in an emergency evacuation.

DCF 57.40(2)(c)3. 3. If a child under 6 years of age occupies a room on the second floor, the second exit may be an additional stairway to the first floor or grade or an exit to a balcony that is not more than 15 feet above grade with a floor that measures at least 3 feet by 3 feet and a rail that is not more than 36 inches high.

DCF 57.40(2)(d) (d) Habitable rooms above the second floor shall have at least 2 exits that are both stairways to the second floor or to grade or that are to one stairway to the second floor and one stairway to grade. Windows and balconies may not be designated as exits.

DCF 57.40(2)(e) (e) Habitable rooms below grade shall have at least 2 exits. At least one exit shall be a stairway to grade or a door that is below grade level that leads to grade level by an outdoor stairway. The second exit may be either a stairway leading to a first floor above grade or a window that meets the requirements in par. (c) 2.

DCF 57.40(3) (3) Water and sewer.

DCF 57.40(3)(a) (a) Water supply.

DCF 57.40(3)(a)1. 1. The group home shall have an adequate and safe water supply.

DCF 57.40(3)(a)2. 2. If the group home’s water supply is from a private well, the well shall be approved by the department of natural resources. Water samples from an approved well shall be tested at least annually for lead and bacteria by a laboratory certified under ch. ATCP 77. If the group home population includes children under 6 years old or expectant mothers, the water shall be tested as required in s. DCF 57.36 (8) or 57.37 (8), as applicable.

DCF 57.40(3)(b) (b) Sewage. The group home shall have an adequate sewage disposal system. If the group home has a private sewage disposal system, the system shall be approved by the appropriate governmental approving authority.

DCF 57.40(3)(c) (c) Water temperature. The group home shall be equipped with a water heater sufficient to meet the needs of all residents. The hot water delivered to the group home’s sinks, tubs, and showers shall not exceed 110° Fahrenheit.

DCF 57.40(4) (4) Heating, cooling and ventilation.

DCF 57.40(4)(a) (a) The group home shall be equipped with a heating system that is capable of maintaining a temperature of at least 68° Fahrenheit.

DCF 57.40(4)(b) (b) All rooms, including bedrooms must be provided with adequate heating, cooling and ventilation.

DCF 57.40(4)(c) (c) If the temperature inside the group home exceeds 80° Fahrenheit during summer months, the licensee shall provide for air circulation with fans or by other means.

DCF 57.40(4)(d) (d) The heating unit shall be maintained in a safe condition as determined by an annual inspection by an individual professionally qualified to conduct such inspections.

DCF 57.40(4)(e) (e) Portable space heaters shall not be used.

DCF 57.40(4)(f) (f) Bath and toilet rooms shall have either a window that opens or be equipped with exhaust ventilation to the outside.

DCF 57.40(5) (5) Lighting. All habitable rooms shall have electric lighting sufficient to meet the needs of the group home and its residents.

DCF 57.40(6) (6) Space requirements. There shall be at least 200 square feet of living space for each resident of the home. “Living space” includes any area that is used by a resident in daily living and excludes unfinished basement, attic, attached garage or similar areas, not usually occupied by a resident in daily living. The licensee shall ensure compliance with all of the following space requirements:

DCF 57.40(6)(a) (a) Bathroom requirements.

DCF 57.40(6)(a)1. 1. Bathrooms shall be indoors.

DCF 57.40(6)(a)2. 2. A group home serving only males or only females shall have at least one full bathroom that contains a toilet, sink, and a tub or shower available for use by residents. A group home initially licensed on or after January 1, 2006, serving males and females shall have 2 full bathrooms that are gender specific, each containing a toilet, sink and a tub or shower, unless the department grants an exception under s. DCF 57.02.

DCF 57.40(6)(a)3. 3. A bathroom that can be accessed only through a room used as a bedroom may not be counted as being available for use by residents who do not occupy that bedroom.

DCF 57.40(6)(a)4. 4. If the total number of residents and children of residents over the age of 2 years exceeds 10, there shall be 2 full bathrooms.

DCF 57.40(6)(b) (b) Bedroom requirements.

DCF 57.40(6)(b)1. 1. Each bedroom shall have a door that allows for privacy and a window that allows natural light to enter.

DCF 57.40(6)(b)2. 2. At least one wall of each room used as a bedroom by a resident shall be an outside wall.

DCF 57.40(6)(b)3. 3. For group homes licensed before January 1, 2006, the floor space of each bedroom shall be as follows:

DCF 57.40(6)(b)3.a. a. A bedroom that is used by one resident shall have at least 55 square feet of floor space.

DCF 57.40(6)(b)3.b. b. A bedroom that is occupied by 2 residents shall have at least 50 square feet of floor space for each resident.

DCF 57.40(6)(b)3.c. c. A bedroom that is occupied by 3 or more residents shall have at least 45 square feet of floor space for each resident.

DCF 57.40(6)(b)3.d. d. A bedroom that is occupied by a custodial parent and that parent’s child or children shall have the additional square footage required in s. DCF 57.36 (7).

DCF 57.40(6)(b)4. 4. For a group home that is licensed after the effective date of this rule, January 1, 2006, all of the following shall apply:

DCF 57.40(6)(b)4.a. a. A bedroom that is used by one resident shall have at least 80 square feet of floor space. If the resident is non-ambulatory or uses adaptive devices for ambulating, the bedroom shall have at least 100 square feet of floor space.

DCF 57.40(6)(b)4.b. b. A bedroom that is used by more than one resident shall have a minimum of 60 square feet of floor space for each resident. If either or both of the residents are non-ambulatory or uses adaptive devices for ambulation, the bedroom shall have at least 80 square feet of floor space for each resident.

DCF 57.40(6)(b)5. 5. The minimum space between beds, cribs, and bassinets shall be at least 2 feet. There shall be at least 5 feet of space between bunk beds. The top deck of a bunk bed shall be at least 3 feet below the lowest point of the ceiling and there shall be at least 3 feet between upper and lower bunks.

DCF 57.40(6)(c) (c) Dining areas. Dining areas shall be of sufficient size to permit all residents and staff to sit down for meals at one time.

DCF 57.40(6)(d) (d) Kitchen.

DCF 57.40(6)(d)1. 1. The kitchen shall be equipped with a stove, refrigerator, cooking and eating utensils, and any other appliance or utensil that may be required to meet the needs of each resident.

DCF 57.40(6)(d)2. 2. Each refrigerator and freezer shall be equipped with a clearly visible, accurate thermometer. Refrigerators shall be maintained at 40° Fahrenheit or lower. Freezers shall be maintained at 0° Fahrenheit or lower.

DCF 57.40(6)(e) (e) Storage space. A group home shall have storage space to accommodate clothing and other personal items of each resident of the group home.

DCF 57.40(6)(f) (f) Study areas. There shall be a quiet area in the group home suitable for study.

DCF 57.40(6)(g) (g) Laundry. Laundry facilities shall be available to meet the needs of all residents. Any laundry equipment in the group home shall be installed and vented in accordance with the manufacturer’s recommendations.

DCF 57.40(7) (7) Stairways. Each stairway shall have a handrail.

DCF 57.40 History History: CR 04-067: cr. Register September 2005 No. 597, eff. 1-1-06; corrections in (3) (a) 2., (6) (a) 2. and (b) 3. d. made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; correction in (3) (a) 2. made under s. 13.92 (4) (b) 7., Stats., Register August 2011 No. 668; EmR1106: emerg. cr. (7), eff. 9-16-11; CR 11-026: cr. (7) Register December 2011 No. 672, eff.1-1-12.

DCF 57.41 DCF 57.41 General safety precautions.

DCF 57.41(1) (1) Windows and doors that are used for ventilation shall be properly screened.

DCF 57.41(2) (2) Electrical systems and appliances shall be in good repair and properly protected.

DCF 57.41(3) (3) Tubs and showers shall have safety strips or other non-slip surfaces applied to prevent slipping.

DCF 57.41(4) (4) Group homes constructed on or after the effective date of this chapter, January 1, 2006, shall provide ground fault outlets for any electrical outlet within 6 feet of a water source in bathrooms, kitchens, laundry rooms, basements, in the garage and on the exterior of the group home.

DCF 57.41(5) (5) Staff members and volunteers shall use universal precautions when exposed to blood and blood containing body fluids and tissue discharges.

DCF 57.41(6) (6) The indoor and outdoor premises shall be free of hazards.

DCF 57.41(7) (7) There shall be no flaking or deteriorating paint on exterior or interior surfaces.

DCF 57.41(8) (8) No lead based paint or other toxic finishing material may be used on the premises of the group home.

DCF 57.41(9) (9) Stairways, halls, and aisles shall be maintained in good repair, adequately lighted and free from obstacles.

DCF 57.41(10) (10) Stairs shall have a non-slip surface.

DCF 57.41(11) (11) Exterior stairs, walks, ramps and porches shall be maintained in a safe condition and free from the accumulation of water, ice, or snow.

DCF 57.41(12) (12) Dangerous equipment and harmful substances unnecessary for the operation of the group home may not be kept on the premises. All necessary but potentially dangerous equipment, toxic substances and medications shall be kept inaccessible to residents.

DCF 57.41 History History: CR 04-067: cr. Register September 2005 No. 597, eff. 1-1-06.

DCF 57.42 DCF 57.42 Fire safety.

DCF 57.42(1) (1) Smoke detection.

DCF 57.42(1)(a) (a) Each group home shall have a smoke detection system. The system shall be an electrically interconnected system listed by Underwriter’s Laboratory or a radio signal-emitting system which has at least one centrally mounted alarm horn which, when activated can be heard throughout the premises.

DCF 57.42(1)(b) (b) A smoke detector shall be located at each of the following locations in the home: