Chapter DCF 59

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.

DCF 59.04(1)(b)1. 1. Every shelter care worker, relief help, volunteer and hold-over room attendant and any person who may be residing in a shelter care facility shall be in good physical and mental health so that the health of the children or the quality and manner of their care will not be adversely affected.

DCF 59.04(1)(b)2. 2. If there is reason to believe that the physical or mental health of any shelter care worker, relief help, volunteer or hold-over room attendant or any person who may be residing in a shelter care facility might endanger children in care, the department may require an alcohol and other drug abuse assessment or a physical health or mental health evaluation of the person by a physician or other health care professional as a condition for continued employment or service or residence in the facility. The physician or other health care professional who performs the assessment or evaluation shall submit a written statement to the department that describes the condition of the person and possible effects of that condition on children in care.

DCF 59.04(1)(b)3. 3. Before beginning employment or service in a shelter care facility, a person shall receive a health examination covering the areas included in department form CFS 384. This requirement does not apply to a person who will work as a volunteer in contact with children for not more than 10 hours a week or as a hold-over room attendant. A person who will work as a volunteer in contact with children for not more than 10 hours a week or as a hold-over room attendant shall have received a tuberculin skin test without positive findings within 90 days before beginning employment or service.

DCF 59.04(1)(c) (c) Education and training.

DCF 59.04(1)(c)1. 1. Shelter care workers shall either:

DCF 59.04(1)(c)1.a. a. Have had one or more years of experience as foster parents, institutional houseparents, or other relevant child care experience, or

DCF 59.04(1)(c)1.b. b. Have successfully completed not less than 24 hours of relevant training in accordance with plan formulated by the applicant or licensee and approved by the department, or

DCF 59.04(1)(c)1.c. c. Agree to complete such training as specified in preceding subd. 1. b. within a period not to exceed one year from the time of initial licensure or employment.

DCF 59.04(1)(c)2. 2. Shelter care workers shall participate in ongoing in-service training of at least 15 hours a year in accordance with a plan formulated by the licensee and approved by the department.

DCF 59.04(1)(c)3. 3. Before a hold-over room attendant may provide care for a resident, the attendant shall complete at least 12 hours of training approved by the department on managing a hold-over room and providing care for residents, to include at least the following:

DCF 59.04(1)(c)3.a. a. Suicide prevention.

DCF 59.04(1)(c)3.b. b. Adolescent development.

DCF 59.04(1)(c)3.c. c. Adolescent behavior.

DCF 59.04(1)(c)3.d. d. Child abuse and neglect reporting laws.

DCF 59.04(1)(c)3.e. e. Effects of alcohol and drug abuse.

DCF 59.04(1)(c)3.f. f. Policies and procedures for operating the hold-over room.

DCF 59.04(1)(c)3.g. g. Crisis intervention techniques.

DCF 59.04(1)(d) (d) First aid training.

DCF 59.04(1)(d)1. 1. Each shelter care worker and hold-over room attendant shall have successfully completed a course in first aid, including cardiopulmonary resuscitation (CPR), acceptable to the department, unless the shelter care worker or hold-over room attendant has access to a person on the premises who is readily available and has completed a course in first aid, including cardiopulmonary resuscitation (CPR).

DCF 59.04(1)(d)2. 2. Each shelter care worker, hold-over room attendant, or trained person on the premises under subd. 1. shall successfully complete a first aid course acceptable to the department at least once in each consecutive 3-year period.

DCF 59.04(2) (2) Volunteers.

DCF 59.04(2)(a) (a) If volunteers are used, the licensee shall assign an appropriate staff member to:

DCF 59.04(2)(a)1. 1. Develop a plan for screening and orientation and use of volunteers and

DCF 59.04(2)(a)2. 2. Supervise and evaluate volunteers.

DCF 59.04(2)(b) (b) Volunteers, except those working as hold-over room attendants, who are in regular contact with children in shelter care more than 10 hours per week shall meet all health requirements for shelter care workers.

DCF 59.04(3) (3) Unit supervisors.

DCF 59.04(3)(a) (a) In family and small group shelter care facilities the unit supervisor shall meet the requirements for shelter care workers under sub. (1). For hold-over rooms, the unit supervisor shall meet the requirements for hold-over room attendants under sub. (1).

DCF 59.04(3)(b) (b) In large group shelter care facilities, the unit supervisor shall meet the requirements for shelter care workers, and in addition shall:

DCF 59.04(3)(b)1. 1. Have at least 3 years experience as a foster parent, institutional houseparent, or other relevant child care experience.

DCF 59.04(3)(b)2. 2. Have at least 2 years experience in an administrative or supervisory capacity.

DCF 59.04(3)(b)3. 3. During the first year as unit supervisor demonstrate the ability to satisfactorily manage the facility.

DCF 59.04(3m) (3m) RPPS decision makers. A shelter care facility shall ensure that an individual specified in s. DCF 59.055 (2) (b) successfully completes training on the application of the reasonable and prudent parent standard prior to making a reasonable and prudent parenting decision.

DCF 59.04(4) (4) Other personnel. In addition to shelter care workers, relief help, and volunteers, unit supervisors may employ other staff such as cooks, janitors, launderers, housekeepers, etc. as needed, to carry out daily housekeeping functions.

DCF 59.04(5) (5) Staffing patterns.

DCF 59.04(5)(a) (a) Family care staffing and shift staffing.

DCF 59.04(5)(a)1. 1. The licensee shall not schedule relief help or volunteers to serve the purpose of replacing shelter care workers as the usual and primary providers of care and supervision of the children in the shelter care facility. In small and large group shelter care facilities, at the request of the department, the licensees shall make available scheduling and time records of all shelter care workers, relief help and volunteers.

DCF 59.04(5)(a)2. 2. There shall be at least 2 shelter care workers for each shelter care facility and one hold-over room attendant for each hold-over room in use. The hold-over room attendant shall be of the same sex as the occupant of the hold-over room.

DCF 59.04(5)(a)3. 3. There shall be a written and workable plan for contacting another shelter care worker, relief help individual, hold-over room attendant or other responsible adult when an emergency occurs at a time when only one shelter care worker, relief help individual or hold-over room attendant is in the facility.

DCF 59.04(5)(b) (b) Family care staffing only.

DCF 59.04(5)(b)1. 1. One of the shelter care workers shall not have responsibilities unrelated to the shelter care facility program in excess of 10 hours per week. The second shelter care worker may have responsibilities away from the shelter care facility for more than 10 hours per week, but shall be otherwise available and make constructive contributions to the facility program.

DCF 59.04(5)(b)2. 2. The number of children shelter care workers may receive for care plus the number of shelter care workers’ own children who live in the household shall not exceed a combined total of 10.

DCF 59.04(5m) (5m) Personnel policies. The licensee shall provide written personnel polices and procedures and any updates to them to persons employed as shelter care workers who work more than 10 hours per week. The personnel policies and procedures shall cover salary provisions, fringe benefits such as vacation time, sick leave, overtime, leaves of absence, retirement plan, if any, and insurance coverage, probationary period, if any, staffing schedule, job description defining specific duties, evaluation standards, chain of command, grievance procedures and termination procedures.

DCF 59.04(6) (6) Personnel files.

DCF 59.04(6)(a) (a) Shelter care workers. A licensee shall maintain a personnel file on each shelter care worker, except relief help employed 10 or less hours per week, that includes the following:

DCF 59.04(6)(a)1. 1. Name and address.

DCF 59.04(6)(a)2. 2. Date of birth.

DCF 59.04(6)(a)3. 3. A statement of the employee’s qualifications, including education, training and experience.

DCF 59.04(6)(a)4. 4. A report on references and the background check information specified in par. (c).

DCF 59.04(6)(a)5. 5. Job description.

DCF 59.04(6)(a)6. 6. Duties, terms of employment and immediate supervisor.

DCF 59.04(6)(a)7. 7. Health record.

DCF 59.04(6)(a)8. 8. Training records.

DCF 59.04(6)(a)9. 9. Annual and termination evaluations.

DCF 59.04(6)(b) (b) Relief help, volunteers and hold-over room attendants. A licensee shall maintain a record on each relief help employed 10 or less hours a week, each volunteer and each hold-over room attendant. The record shall be made available to the department upon request. The record shall include for each relief help, volunteer and hold-over room attendant:

DCF 59.04(6)(b)1. 1. Name and address.

DCF 59.04(6)(b)2. 2. Date of birth.

DCF 59.04(6)(b)3. 3. Health record, if required under sub. (1) (b) 2.

DCF 59.04(6)(b)4. 4. Dates and hours employed or volunteered.

DCF 59.04(6)(b)5. 5. Job description

DCF 59.04(6)(b)6. 6. Training records.

DCF 59.04(6)(b)7. 7. A report on references and the background check information specified in par. (c).

DCF 59.04(6)(bm) (bm) RPPS decision makers. A licensee shall maintain a record of each RPPS decision maker’s completion of the training required under sub. (3m).

DCF 59.04(6)(c) (c) References and background checks.

DCF 59.04(6)(c)1. 1. The report on references under pars. (a) 4. and (b) 7. shall include:

DCF 59.04(6)(c)1.a. a. Character references from at least 2 persons and references from previous employers.

DCF 59.04(6)(c)1.b. b. Documentation of references either by letter or verification in the record of verbal contact, giving dates, individual making contact, individuals contacted and the content.

DCF 59.04(6)(c)2. 2. A completed and current background information disclosure on a form prescribed by the department.

DCF 59.04(6)(c)3. 3. A state criminal records check on each applicant before allowing that person to work at the shelter care facility. If the person lived in another state, a criminal records check shall be requested from that state.

DCF 59.04 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 by writing or calling any field office listed in Appendix A.

DCF 59.04(6)(d) (d) Availability of file. Any personnel file shall be made available upon request to the department and the employee or volunteer on whom the file is maintained.

DCF 59.04(7) (7) Discrimination. The shelter care facility shall be in compliance with ss. 111.31 through 111.37, Stats., Title VI of the Civil Rights Act of 1964 as amended by the Equal Employment Opportunity Act of 1972.

DCF 59.04 History History: Cr. Register, June, 1978, No. 270, eff. 7-1-78; renum. from PW-CY 45.03, Register, December, 1982, No. 324, eff. 1-1-83.; am. (1)(b) 3., Register, June, 1983, No. 330, eff. 7-1-83; emerg. r. and recr. (1) (a), (b), (d) 1., (6), emerg. cr. (1) (c) 3., emerg. am. (1) (d) 2., (2) (b), (3) (a), (5) (a) 2., 3., eff. 12-1-93, r. and recr. (1) (a), (b), (d) 1., (6), cr. (1) (c) 3., (5m), am. (1) (d) 2., (2) (b), (3) (a), (5) (a) 2., 3., Register, September, 1994, No. 465, eff. 10-1-94; correction in (6) (c) 2. made under s. 13.92 (4) (b) 6., Stats., Register November 2008 No. 635; EmR1633: emerg. cr. (3m), (6) (bm), eff. 11-18-16; CR 16-051: cr. (3m), (6) (bm) Register July 2017 No. 739, eff. 8-1-17; CR 21-107: am. (1) (d) 2., r. and recr. (6) (a) 4., (b) 7., (c) 2. Register June 2022 No. 798, eff. 7-1-22.

DCF 59.05 DCF 59.05 Child care.

DCF 59.05(1) (1) Applicability. This section applies to all shelter care facilities except that only the provisions of subs. (1m), (3) (a), (4) (a) to (d), (5), (6), (9), (10) (a) and (11) to (14) apply to hold-over rooms.