Chapter DCF 59

DCF 59.02(4g) (4g) “Hold-over room” means a nonsecure room in a county government facility, the purpose of which is to provide a safe environment for holding a child to facilitate the child’s appearance at a court hearing within 24 hours or over the weekend if the child is placed in the hold-over room on a Friday or on the weekend, or to transport the child to another facility within 24 hours.

DCF 59.02(4m) (4m) “Hold-over room attendant” means a staff person or volunteer who provides care and supervision of the occupant or occupants of a hold-over room.

DCF 59.02(5) (5) “Licensee” means the person who is primarily responsible for the operation of a facility and who is licensed by the department to operate the facility.

DCF 59.02(6) (6) “Licensing agency” means the department.

DCF 59.02(6g) (6g) “Nonsecure” means a child is not held or prevented from leaving against the child’s will.

DCF 59.02(6m) (6m) “Normalcy” means the ability to easily engage in healthy and age or developmentally appropriate activities that promote well-being, such as participation in social, scholastic, and enrichment activities.

DCF 59.02(7) (7) “Person” means any individual, partnership, association, corporation or public agency other than the department.

DCF 59.02(8) (8) “Privately-operated shelter care facility” means a facility operated by persons who are not county employees and from whom a county board of supervisors purchases services pursuant to s. 938.22 (5), Stats.

DCF 59.02(9) (9) “Publicly-operated shelter facility” means a facility operated by a county board of supervisors pursuant to s. 938.22 (1), Stats.

DCF 59.02(9g) (9g) “Reasonable and prudent parent standard” means a standard for use in making decisions regarding a child’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 child while at the same time encouraging the emotional and developmental growth of the child.

DCF 59.02(10) (10) “Relief help” means an individual who is used to replace shelter care workers on an unscheduled basis and for a few hours or few days at a time. An individual regularly scheduled to replace shelter care workers on days off or for vacations and other prolonged periods is not relief help but an additional shelter care worker.

DCF 59.02(10m) (10m) “RPPS decision maker” means an individual who has successfully completed training on the application of the reasonable and prudent parent standard and makes reasonable and prudent parenting decisions under s. DCF 59.055.

DCF 59.02(11) (11) “Shelter care” means short-term, nonsecure residential care and physical custody of children pending court action. “Short-term”means a maximum of 30 days for each episode, with extension for up to another 30 days as provided in s. DCF 59.05 (3) (b), except that for a hold-over room “short-term” means not longer than 24 hours or, if the placement is made on a Friday or on the weekend, not longer than over the weekend until the following Monday.

DCF 59.02(12) (12) “Shelter care worker” means an individual who provides primary care and supervision of children in a shelter care facility on a regular schedule, either on a full-time or part-time basis, but not a hold-over room attendant.

DCF 59.02(13) (13) “Shift staffing” means that all shelter care workers employed by the licensee provide care on a rotating or shift basis in the shelter care facility.

DCF 59.02(14) (14) “Superintendent” means an individual designated pursuant to s. 938.22 (3), Stats., by the juvenile court judge or, when 2 or more counties cooperate to provide shelter care, by a committee of juvenile court judges, to supervise the provision of shelter care within a county.

DCF 59.02(15) (15) “Unit supervisor” means the individual in a shelter care facility who is primarily responsible for supervising the day-to-day activities of that facility.

DCF 59.02(16) (16) “Volunteer” means any individual providing services to the shelter care facility who receives no monetary reimbursement for services. Payment for out-of-pocket expenses is not considered reimbursement for services.

DCF 59.02 History History: Cr. Register, December, 1982, No. 324, eff. 1-1-83; emerg. cr. (4g), (4m), (6g), emerg. am. (11), (12), eff. 12-1-93, cr. (4g), (4m), (6g), am. (11), (12), Register, September, 1994, No. 465, eff. 10-1-94; correction in (11) made under s. 13.93 (2m) (b) 7., Stats., Register, September, 1994, No. 465; corrections in (8), (9) and (14) made under s. 13.93 (2m) (b) 7., Stats., Register, December, 1999, No. 528; correction in (8) made under s. 13.93 (2m) (b) 7., Stats., Register December 2004 No. 588; corrections in (2) and (11) made under s. 13.92 (4) (b) 6. and 7., Stats., Register November 2008 No. 635; EmR1633: emerg. renum. (1) to (1m), cr. (1), (4c), (9g), (10m), eff. 11-18-16; CR 16-051: renum. (1) to (1m), cr. (1), (4c), (9g), (10m) Register July 2017 No. 739, eff. 8-1-17; CR 21-107: am. (6g), (6m) Register June 2022 No. 798, eff. 7-1-22.

DCF 59.03 DCF 59.03 Administration and management.

DCF 59.03(1) (1) Publicly operated facilities.

DCF 59.03(1)(a) (a) Application.

DCF 59.03(1)(a)1. 1.

DCF 59.03(1)(a)1.a. a. A county wanting to operate a public shelter care facility, including a hold-over room, shall apply to the department for a license on forms provided by the department. The application shall be signed by the chairperson of the county board of supervisors and the presiding juvenile court judge. A hold-over room license applicant shall be a county department under s. 46.15, 46.22 or 46.23, Stats., or a county sheriff’s department, as designated by the chairperson of the county board and the judge of the juvenile court.

DCF 59.03 Note Note: An application for a license may be obtained by writing or telephoning any field office listed in Appendix A.

DCF 59.03(1)(a)1.b. b. Except in the case of a hold-over room, 2 or more counties may cooperate to provide shelter care. A joint application shall be signed by the chairperson of the county boards of supervisors and the presiding juvenile court judges for all of the cooperating counties.

DCF 59.03(1)(a)2. 2.

DCF 59.03(1)(a)2.a. a. A county may apply to operate more than one family, small group or large group shelter care facility, but a separate application shall be submitted for each facility and each facility shall be licensed separately.

DCF 59.03(1)(a)2.b. b. A county may apply to operate one or more hold-over rooms in the county under one license.

DCF 59.03(1)(a)3. 3. If the applicant meets the requirements contained in these rules, a license shall be issued which specifies the location of the shelter care facility, the sex, age and number of children it may receive, and the expiration date and any other conditions placed on the facility.

DCF 59.03(1)(a)4. 4. Application for license renewal shall be submitted by the licensee at least 60 days prior to the expiration of the current license and 30 days prior to any change in the location of the facility.

DCF 59.03(1)(a)5. 5. A licensee shall provide with the first application and renewal any information specified by the department to demonstrate that the facility meets the requirements of these rules.

DCF 59.03(1)(a)6. 6. The application should also include the name and address of the superintendent of the shelter care for the county(s) served, and the name and address of the unit supervisor of the facility.

DCF 59.03(1)(b) (b) Insurance.

DCF 59.03(1)(b)1. 1. Persons making application for a license to operate a public shelter care facility shall provide the department with information indicating the manner in which the facility will insure its liability risks and protect its assets.

DCF 59.03(1)(b)2. 2. The licensee will be responsible for obtaining protection for any liability which may result when children are being transported by the licensee or its agents.

DCF 59.03(1)(c) (c) Financial records. The publicly operated shelter care facility shall upon request provide the department with financial records or statements relating to the financial operation of the facility.

DCF 59.03(2) (2) Privately operated shelter care facilities.

DCF 59.03(2)(a) (a) Application.

DCF 59.03(2)(a)1. 1. Persons applying for a license to operate a private shelter care facility shall do so on forms provided by the department. The application shall be signed by the individual or authorized representative of the corporation making application and counter-signed by the juvenile court judges of the county(s) in which the person intends to operate the facility.

DCF 59.03 Note Note: An application for a license may be obtained from the department’s website at https:/dcf.wisconsin.gov or by writing or telephoning any field office listed in Appendix A.

DCF 59.03(2)(a)2. 2. Corporations may apply to operate one or more family, small group or large group shelter care facilities, but each facility shall be licensed separately.

DCF 59.03(2)(a)3. 3. Individuals may apply to operate only one family or small group shelter care facility.

DCF 59.03(2)(a)4. 4. If the applicant meets the requirements contained in the rules, a license shall be issued which specifies the location of the shelter care facility, the sex, age and number of children it may receive, the expiration date and any other conditions placed on the facility.

DCF 59.03(2)(a)5. 5. A new application for license renewal shall be submitted by the licensee at least 60 days prior to expiration of the current license or 30 days prior to any change in the name of the licensee or location of the facility.

DCF 59.03(2)(a)6. 6. The following materials shall accompany the first application for a license.

DCF 59.03(2)(a)6.a. a. Copies of the articles of incorporation, constitution and by-laws of a corporation applying for licensure.

DCF 59.03(2)(a)6.b. b. Information as specified by the department to demonstrate that the facility meets the requirements of these rules.

DCF 59.03(2)(a)6.c. c. The applicant shall provide evidence of the availability of funds to carry the shelter care facility through the first 6 months of operation. Such evidence is not limited to actual cash or credit but may be evidence of the intent of the juvenile court to use the shelter care facility to the extent that a minimum necessary population will be maintained.

DCF 59.03(2)(a)7. 7. The name, addresses and titles of the board members and the name of the executive of a corporation applying for a license, and the name and address of the superintendent(s) of shelter care for the county(s) served, and of the unit supervisor for the facility.

DCF 59.03(2)(b) (b) Written agreement. Any person applying for a license to operate a private shelter care facility shall present with the application a written agreement between the person making application and the chairperson(s) of the county board(s) and the judge(s) of the juvenile court(s) of the county(s) in which service will be provided. The agreement must provide, in addition to any other condition established by the parties that:

DCF 59.03(2)(b)1. 1. The person operating the facility(s) will only accept into care those children referred by the juvenile court(s) of the county(s) served, or whose placement is approved by the court(s).

DCF 59.03(2)(b)2. 2. The person operating the facility(s) will act under the jurisdiction and supervision of the juvenile court(s) of the county(s) served, and will abide by any policies established by the court(s) which are not in conflict with these rules.

DCF 59.03(2)(b)3. 3. In addition, the agreement shall specify the financial and other responsibilities of each party.

DCF 59.03(2)(c) (c) Insurance.

DCF 59.03(2)(c)1. 1. All licensees shall carry sufficient forms and amounts of available insurance to insure the liability risks of the facility in the provision of services and to give reasonable protection to its assets.

DCF 59.03(2)(c)2. 2. All licensees shall be responsible for providing liability insurance for all situations in which children are transported by the licensee or its agents.

DCF 59.03(2)(d) (d) Corporation operated shelter facilities.

DCF 59.03(2)(d)1. 1. Incorporation.

DCF 59.03(2)(d)1.a. a. Any body of persons wishing to operate a corporation operated shelter care facility or series of shelter care facilities shall be incorporated in accordance with the laws of the state of Wisconsin.

DCF 59.03(2)(d)1.b. b. Any corporation which is incorporated outside of Wisconsin shall secure authorization from the secretary of state to do business in Wisconsin.

DCF 59.03(2)(d)2. 2. Board of directors.

DCF 59.03(2)(d)2.a. a. Each corporation shall be governed by a board of directors which is responsible for the operation of the corporation according to its defined purpose.

DCF 59.03(2)(d)2.b. b. No member of this board shall be an employee of the corporation or the spouse of an employee, unless the corporation is a non-profit, non-stock corporation incorporated in Wisconsin for the sole purpose of operating one shelter care facility.

DCF 59.03(2)(d)3. 3. The board shall:

DCF 59.03(2)(d)3.a. a. Establish written procedures for operation of the facility under the direction of the juvenile court judge and the superintendent of shelter care of the county in which the facility is located, or the committee of judges when 2 or more counties cooperated to provide shelter care.

DCF 59.03(2)(d)3.b. b. Exercise trusteeship for property, investments, and protection from liability.

DCF 59.03(2)(d)3.c. c. Approve the budget and be responsible for obtaining and disbursing funds.

DCF 59.03(2)(d)3.d. d. Designate an executive and delegate to the executive responsibility for the administration of all shelter care facilities operated by the corporation.

DCF 59.03(2)(d)3.e. e. Establish a plan for maintaining a continuing relationship with the community in which the facility is located for the purpose of promoting a better understanding and acceptance of the shelter care facility.

DCF 59.03(2)(d)3.f. f. The board shall contain 2 seats for persons 17 years of age or younger who may vote on all issues relating to the care of children in shelter care.

DCF 59.03(2)(d)4. 4. Financial arrangements.

DCF 59.03(2)(d)4.a. a. The board with the executive shall be responsible for the secure and judicious use of funds for shelter care. Policies and practices shall be in accord with sound budgeting, disbursement and audit control procedures.

DCF 59.03(2)(d)4.b. b. Each corporation shall have a sound written plan of financing to assure sufficient funds to enable it to carry out its defined purposes and to provide proper care.

DCF 59.03(2)(d)4.c. c. The corporation shall maintain a system of business management and staffing to assure maintenance of complete and accurate accounts, books and records.

DCF 59.03(2)(d)4.d. d. Upon request, the corporation shall provide the department with a confidential balance sheet and financial records or financial statements.

DCF 59.03(2)(d)5. 5. Operation of multiple facilities.

DCF 59.03(2)(d)5.a. a. Corporations which apply for licenses to operate more than one facility shall provide in addition to the information required for licensing individual facilities, any information specified by the department which demonstrates the ability of the corporation to operate multiple facilities.

DCF 59.03(2)(d)5.b. b. The department may deny licensure for one or more facilities operated by a corporation or may sanction any one or more facilities, or, for cause, may sanction or deny licensure to the corporation as a whole.

DCF 59.03(2)(e) (e) Individually operated facilities. An individual or individuals applying for a license to operate a private shelter care facility shall include with their application a proposed budget for the facility, indicating expected sources of income and projects costs.

DCF 59.03(3) (3) Responsibility to superintendent of shelter care.

DCF 59.03(3)(a) (a) Each county operating a hold-over room or other shelter care facility shall appoint a superintendent of shelter care. The superintendent of shelter care may be at the same time the unit supervisor of a hold-over room or other public shelter care facility.

DCF 59.03(3)(b) (b) The unit supervisor of any private or public shelter care facility and the executive of any corporation operated shelter care facility shall be responsible to the superintendent of shelter care for implementing the policies established by the juvenile court judge pursuant to s. 938.22 (1) (b) and (3) (a), Stats.

DCF 59.03 Note Note: For copies of any forms required under this chapter, including license application forms, F-82064, CFS-0384 and JI-03, contact a regional licensing representative of the Department’s Division of Safety and Permanence, or write Bureau of Permanence and Out-of-Home Care, P.O. Box 8916, Madison, WI 53708-8916.

DCF 59.03 History History: Cr. Register, June, 1978, No. 270, eff. 7-1-78; renum. from PW-CY 45.02 and am. (3) (b), Register, December, 1982, No. 324, eff. 1-1-83; emerg. r. and recr. (1) (a) 1., 2., (3) (a), eff. 12-1-93, r. and recr. (1) (a) 1., 2., (3) (a), Register, September, 1994, No. 465, eff. 10-1-94; correction in (3) (b) made under s. 13.93 (2m) (b) 7., Stats., Register, December, 1999, No. 528.

DCF 59.04 DCF 59.04 Personnel.

DCF 59.04(1) (1) Qualifications of shelter care workers, hold-over room attendants and relief help.

DCF 59.04(1)(a) (a) Personal qualifications. Shelter care workers, relief help, volunteers and hold-over room attendants shall be responsible, mature individuals of reputable character who exercise sound judgment and display the capacity to provide good care for children.

DCF 59.04(1)(b) (b) Health.