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(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)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)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)(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)(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)(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)(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)(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)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)(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)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)(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)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)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(1m)
(1m) Admission to shelter care. A child may not be received into shelter care, including into a hold-over room, unless the child has been found eligible for placement by the juvenile court judge or a court intake worker designated by the judge.
DCF 59.05(2)
(2) Age of children in shelter care. No child under 10 may be kept in a shelter care facility unless written approval is given by the department within 48 hours after admission excluding weekends and holidays. Children under age 10 shall not be kept in shelter care for more than 7 days per episode.
DCF 59.05(3)(a)
(a) A hold-over room may not hold a child for more than 24 hours, except that a hold-over room may hold a child placed in the hold-over room on a Friday afternoon or evening or over the weekend until the court hearing the following Monday provided that the hold-over room immediately notifies the appropriate division of community services licensing office by telephone or fax of the placement and supplies the following information related to the placement:
DCF 59.05(3)(a)1.
1. Date and time of child's admission to the hold-over room and date and time of next scheduled court hearing.
DCF 59.05(3)(a)2.
2. Name and age of child and reason why the child was taken into custody.
DCF 59.05(3)(a)3.
3. Explanation of why a weekend stay in the hold-over room is necessary which may be because of the unavailability of a shelter care facility in a bordering county or inability to return the child to the parental home or other reason.
DCF 59.05(3)(a)4.
4. Names of staff and their work schedules covering the weekend along with indoor and outdoor activities planned for the child during the child's weekend stay.
