Chapter DCF 59

DCF 59.05(5)(h) (h) Medicine shall not be used as a means of maintaining discipline.

DCF 59.05(6) (6) Clothing. Each facility shall ensure that children in care are adequately clothed during their stay. Children in shelter care may retain their own clothes.

DCF 59.05(7) (7) Education. The licensee shall make every reasonable effort to ensure that children in care regularly attend a school program unless otherwise excused by school officials.

DCF 59.05(8) (8) Work performed by children.

DCF 59.05(8)(a) (a) Children in care shall have opportunities to assume responsibility for household duties or chores appropriate to their age, health and ability.

DCF 59.05(8)(b) (b) No licensee shall use the labor of children in care as a substitute to the employment of a sufficient number of competent employees to operate and maintain the shelter facility.

DCF 59.05(8)(c) (c) Household duties of children in care shall not interfere with their school, sleep or study.

DCF 59.05(9) (9) Religion. Shelter care workers and hold-over room attendants shall make every reasonable effort to make opportunities available to each child in shelter care who wishes it for attendance at religious services compatible with the child’s religious heritage or preference.

DCF 59.05(10) (10) Nutrition.

DCF 59.05(10)(a) (a) Food shall be provided to children in sufficient quantities and varieties, and shall provide for essential nutritional and dietary needs.

DCF 59.05(10)(b) (b) In planning menus, consideration shall be given, whenever possible, to the religious practices and the cultural patterns of the children in shelter care.

DCF 59.05(10)(c) (c) In small and large group shelter care facilities, daily menus shall be kept on file and available to the department for at least 30 days thereafter.

DCF 59.05(10)(d) (d) Supplementary food or modified diets as ordered by a physician shall be provided for those children who have special needs.

DCF 59.05(11) (11) Recreation and leisure time activities. The licensee shall provide recreational opportunities based on the age, abilities and interests of the children.

DCF 59.05(12) (12) Visiting. Shelter care workers and hold-over room attendants shall encourage the maintenance of a relationship between children and their parents or relatives or other significant persons. For a shelter care facility except a hold-over room this shall be in accordance with a plan established by the unit supervisor and the child’s legal custodian. Visitation with parents shall not be restricted as a form of discipline.

DCF 59.05(13) (13) Medical care.

DCF 59.05(13)(a) (a) Each shelter care facility shall establish written procedures to be used to provide regular and emergency medical care to children in residence, including the name of a physician who is available to treat the children and the names and locations of nearby emergency medical services.

DCF 59.05(13)(b) (b) Upon admitting a child into shelter care, the staff shall obtain from the child, law enforcement personnel, and if possible, the child’s parents, information regarding the child’s medical needs, including any chronic ailments, allergies or the need for a special diet.

DCF 59.05(13)(c) (c) The licensee shall be responsible for providing or securing necessary medical treatment and dental care while the child is in care in the shelter care facility.

DCF 59.05(14) (14) Transportation. The licensee shall make every reasonable effort to provide safe transportation of children in shelter care.

DCF 59.05(15) (15) Resident rights. The licensee shall be knowledgeable of and ensure that staff members and volunteers observe the patient rights and grievance resolution procedures in s. 51.61, Stats., and ch. DHS 94, for each resident that receives services for treatment of mental illness, a developmental disability, alcoholism or drug dependency. Residents that are not specifically identified as coming under s. 51.61, Stats., and ch. DHS 94 shall have rights and access to grievance resolution procedures that are comparable to those found in s. 51.61, Stats., and ch. DHS 94.

DCF 59.05 History History: Cr. Register, June, 1978, No. 270, eff. 7-1-78; renum. from PW-CY 45.04, Register, December, 1982, No. 324, eff. 1-1-83; emerg. renum. (1), (3) and (4) (a) to (g) to be (1m), (3) (b) and (4) (b) to (h) and am. (3) (b) (intro.), emerg, cr. (1), (3) (a), (4) (a), eff. 12-1-93, renum. (1), (3) and (4) (a) to (g) to be (1m), (3) (b) and (4) (b) to (h) and am. (3) (b) (intro.), cr. (1), (3) (a), (4) (a), am. (9), (12), Register, September, 1994, No. 465, eff. 10-1-94; CR 04-040: cr. (15) Register December 2004 No. 588, eff. 1-1-05; correction in (15) made under s. 13.92 (4) (b) 7., Stats, Register November 2008 No. 635; CR 21-107: am. (3) (a) 4. Register June 2022 No. 798, eff. 7-1-22.

DCF 59.055 DCF 59.055 Promoting normalcy.

DCF 59.055(1) (1) Similar to peers. A shelter care facility shall promote normalcy and the healthy development of a child placed in the shelter care facility by supporting the child’s right to participate in extracurricular, enrichment, cultural, and social activities and have experiences that are similar to those of the child’s peers of the same age, maturity, or development.

DCF 59.055(2) (2) RPPS decision maker.

DCF 59.055(2)(a) (a) A shelter care facility shall ensure the presence on-site of at least one RPPS decision maker at all times to make decisions regarding the participation of a child placed in the shelter care facility in age or developmentally appropriate extracurricular, enrichment, cultural, and social activities.

DCF 59.055(2)(b) (b) An RPPS decision maker may be the licensee, authorized representative of the licensee, unit supervisor, or shelter care worker.

DCF 59.055(2)(c) (c) An RPPS decision maker shall have knowledge of a child and access to the child’s records in s. DCF 59.07 (1) (a) related to the decision-making factors in sub. (4).

DCF 59.055(2)(d) (d) An RPPS decision maker shall document in the communication log under s. DCF 59.057 all requests and decisions made under this section for activities that do not take place in the shelter care facility and are not supervised by a shelter care worker, relief help, volunteer, or unit supervisor.

DCF 59.055(2)(e) (e) An RPPS decision maker shall document on a form prescribed by the department any decision made under this section that requires written permission from the shelter care facility in lieu of the child’s parent or guardian. The completed form shall be placed in the child’s record under s. DCF 59.07.

DCF 59.055 Note Note: DCF-F-5124-E, Reasonable and Prudent Parent Decision Record, is available in the forms section of the department website at http://dcf.wisconsin.gov or by writing the Division of Safety and Permanence, P.O. Box 8916, Madison, WI 53708−8916.

DCF 59.055(3) (3) Reasonable and prudent parent standard. When an RPPS decision maker is making a decision regarding participation in activities by a child placed in the shelter care facility, the RPPS decision maker shall use a decision-making standard 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, if the activities meet the conditions in par. (a) and (b) as follows:

DCF 59.055(3)(a) (a) Areas covered by the standard. The child is participating or wants to participate in extracurricular, enrichment, cultural, or social activities, including all of the following:

DCF 59.055(3)(a)1. 1. Activities related to transportation, such as obtaining a driver’s license, driving, or carpooling with peers and other adults.

DCF 59.055(3)(a)2. 2. Formal or informal employment and related activities, such as opening an account in a bank or credit union.

DCF 59.055(3)(a)3. 3. Activities related to peer relationships, such as visiting with friends, staying overnight at a friend’s house, or dating.

DCF 59.055(3)(a)4. 4. Activities related to personal expression, such as haircuts; hair dying; clothing choices; or sources of entertainment, including games and music.

DCF 59.055(3)(b) (b) Age or developmentally appropriate activities. The child is participating or wants to participate in activities that are suitable based on any of the following criteria:

DCF 59.055(3)(b)1. 1. Activities that are generally accepted as suitable for children of the same chronological age or level of maturity or that are determined to be developmentally appropriate for a child based on the cognitive, emotional, physical, and behavioral capacities that are typical for children of the same age or age group.

DCF 59.055(3)(b)2. 2. Activities that are suitable based on this child’s cognitive, emotional, physical, and behavioral capacities.

DCF 59.055 Note Note: The reasonable and prudent parent standard does not apply to a child receiving respite care services.

DCF 59.055(4) (4) Decision-making factors. When applying the reasonable and prudent parent standard to a decision regarding the participation by a child placed in the shelter care facility in an extracurricular, enrichment, cultural, or social activity, an RPPS decision maker shall consider all of the following:

DCF 59.055(4)(a) (a) Child-specific factors, including all of the following:

DCF 59.055(4)(a)1. 1. The child’s wishes, as gathered by engaging the child in an age-appropriate discussion about participation in the activity.

DCF 59.055(4)(a)2. 2. The age, maturity, and development of the child.

DCF 59.055(4)(a)3. 3. Whether participating in the activity is in the best interest of the child.

DCF 59.055(4)(a)4. 4. The child’s behavioral history.

DCF 59.055(4)(a)5. 5. Court orders and other legal considerations affecting the child, including the prohibitions in sub. (5).

DCF 59.055(4)(a)6. 6. Cultural, religious, and tribal values of the child and the child’s family. If the child and child’s family have different cultural, religious, or tribal values, then the placing agency, or the department if the department is the child’s guardian, is ultimately responsible for decisions concerning the child’s care.

DCF 59.055(4)(b) (b) Activity-specific factors, including all of the following:

DCF 59.055(4)(b)1. 1. Potential risk factors of the situation, including whether the child has the necessary training and safety equipment to safely participate in the activity under consideration.

DCF 59.055(4)(b)2. 2. How the activity will help the child grow.

DCF 59.055(4)(b)3. 3. Whether participating in the activity will provide experiences that are similar to the experiences of other children of the same age, maturity, or development in the shelter care facility.

DCF 59.055(4)(b)4. 4. Other information regarding the parent’s wishes and values.

DCF 59.055(4)(c) (c) Any other concerns regarding the safety of the child, other children in the shelter care facility, or the community.

DCF 59.055(4)(d) (d) Information on the forms required under ch. DCF 37.

DCF 59.055 Note Note: The forms required under ch. DCF 37 are DCF-F-872A-E, Information for Out-of-Home Care Providers, Part A and DCF-F-872B-E, Information for Out-of-Home Care Providers, Part B. Both forms are available in the forms section of the department website at http://dcf.wisconsin.gov or by writing the Division of Safety and Permanence, P.O. Box 8916, Madison, WI 53708-8916.

DCF 59.055(5) (5) Prohibitions. An RPPS decision maker may not do any of the following:

DCF 59.055(5)(a) (a) Permit a child to participate in an activity that would violate a court order or any federal or state statute, rule, or regulation.

DCF 59.055(5)(b) (b) Make a decision that conflicts with the child’s permanency plan or family interaction plan.

DCF 59.055(5)(c) (c) Consent to the child’s marriage.

DCF 59.055(5)(d) (d) Authorize the child’s enlistment in the U.S. armed forces.

DCF 59.055(5)(e) (e) Authorize medical, psychiatric, or surgical treatment for the child beyond the terms of the consent for medical services authorized by the child’s parent or guardian.

DCF 59.055(5)(f) (f) Represent the child in legal actions or make other decisions of substantial legal significance.

DCF 59.055(5)(g) (g) Determine which school the child attends or make decisions concerning the child regarding an educational right or requirement that is provided in federal or state law.

DCF 59.055 Note Note: For example, only a parent or guardian can make decisions about a child’s individualized educational program under s. 115.787, Stats.

DCF 59.055(5)(h) (h) Require or prohibit a child’s participation in an age or developmentally appropriate activity solely for convenience or personal reasons not applicable to the decision-making factors in sub. (4).

DCF 59.055(6) (6) Policies and procedures. The shelter care facility shall have policies and procedures on how the facility complies with the requirements of the reasonable and prudent parent standard, including all of the following:

DCF 59.055(6)(a) (a) How the communication log under s. DCF 59.057 will be used to inform different shifts of shelter care workers and RPPS decision makers of reasonable and prudent parenting requests and decisions made for a child under this section for activities that do not take place in the shelter care facility and are not supervised by a shelter care worker, relief help, volunteer, or unit supervisor.

DCF 59.055(6)(b) (b) How information on a child on the forms under s. DCF 59.07 (1) (a) will be used to make reasonable and prudent parenting decisions for a child under this section.

DCF 59.055(6)(c) (c) How the shelter care facility will ensure the presence on-site of at least one RPPS decision maker at all times.

DCF 59.055(6)(d) (d) A process for annually reviewing the parameters and requirements of the reasonable and prudent parent standard, in conjunction with facility’s corresponding policies and procedures.

DCF 59.055 Note Note: DCF-F-5123-E, Reasonable and Prudent Parent Standard Review, is an optional form that a shelter care facility may use to assist with the annual review. The form is available in the forms section of the department website at http://dcf.wisconsin.gov or by writing the Division of Safety and Permanence, P.O. Box 8916, Madison, WI 53708-8916.

DCF 59.055 History History: EmR1633: emerg. cr., eff. 11-18-16; CR 16-051: cr. Register July 2017 No. 739, eff. 8-1-17.

DCF 59.057 DCF 59.057 Communication log.

DCF 59.057(1) (1) A shelter care facility shall require each shift of shelter care workers and RPPS decision makers to use a communication log to document and communicate with other shelter care workers and RPPS decision makers about children whom they supervise in common. The communication log shall include all of the following for each shift:

DCF 59.057(1)(a) (a) Each child’s location and behavior.

DCF 59.057(1)(b) (b) Significant incidents involving a child.

DCF 59.057(1)(c) (c) Reasonable and prudent parenting all requests and decisions made for children under s. DCF 59.055 for activities that do not take place in the shelter care facility and are not supervised by a shelter care worker, relief help, volunteer, or unit supervisor.

DCF 59.057(1)(d) (d) Staff arrival and departure times.

DCF 59.057(2) (2) A shelter care facility may designate units within the facility and require shelter care workers and RPPS decision makers to use a separate communication log in each unit.

DCF 59.057(3) (3) A shelter care facility shall have policies and procedures that ensure clear communication between shelter care workers and RPPS decision makers on one shift and shelter care workers and RPPS decision makers who supervise the same children on the next shift. The policies and procedures shall specify the types of significant incidents that are required to be documented in the communication log under sub. (1) (b).

DCF 59.057 History History: EmR1633: emerg. cr., eff. 11-18-16; CR 16-051: cr. Register July 2017 No. 739, eff. 8-1-17.

DCF 59.06 DCF 59.06 Physical plant and environment.

DCF 59.06(1) (1) Applicability. This section applies to all shelter care facilities except that only subs. (2), (4) (c), (5) (b) to (g), (j) and (k), (7) (c), (8) (d), (10) (g), (13) to (18), (19) (a), (20) and (21) (d) apply to hold-over rooms.

DCF 59.06(2) (2) Building site location. In the judgment of the department, the location of the facility shall be related to the program offered and age, sex, needs and interest levels of the residents. Factors to be considered in determining the acceptability of the location shall include: access to educational, recreational, religious, shopping, and cultural opportunities; health resources; access to public or private utilities and services such as safe water supply, sewage disposal, fire and police protection.

DCF 59.06(3) (3) General building requirements. The shelter care facility and grounds shall be maintained in a clean, safe and sanitary condition and a good state of repair.

DCF 59.06(4) (4) Space requirements.

DCF 59.06(4)(a) (a) There shall be at least 200 square feet of living space for each resident of the facility. “Living space” excludes unfinished basements, attics, garages, or similar areas not usually occupied by residents in daily living.