Wisconsin Legislature: DCF 52.11(2)(a)

(10) “Legal custodian” has the meaning specified in s. 48.02 (11), Stats., or in s. 938.02 (11), Stats.

(11) “Legal custody” has the meaning specified in s. 48.02 (12), Stats., or in s. 938.02 (12), Stats.

(12) “License” means written permission of the department for a center to operate, consisting of a license certificate which shows the location of the center, identifies the licensed premises and lists licensing provisions, and a licensing letter of transmittal that includes any special conditions.

(13) “Licensee” means the person, partnership, sole proprietorship, corporation or other legal entity to which a license is issued under this chapter and which has final responsibility and authority to operate the center.

(14) “Licensing representative” means a department employee responsible for licensing residential care centers.

(15) “Medical assistance” means the assistance program operated by the department of health services under ss. 49.43 to 49.497, Stats., and chs. DHS 101 to 108.

(16) “NFPA” means the National Fire Protection Association.

(16m) “Normalcy” means a resident’s ability to easily engage in healthy and age or developmentally appropriate activities that promote his or her well-being, such as participation in social, scholastic, and enrichment activities.

(17) “Parent” has the meaning specified in s. 48.02 (13), Stats., or in s. 938.02 (13), Stats.

(18) “Permanency plan” means a plan required under s. 48.38 (2), Stats., that is designed to ensure that a child placed in a residential care center is reunified with his or her family whenever appropriate, or that the child quickly attains a placement or home providing long-term stability.

(19) “Physician” has the meaning prescribed in s. 448.01 (5), Stats.

(19m) “Placing agency” means a licensed private child-placing agency; county department with powers and duties under ss. 48.57 and 938.57, Stats.; the department; the Wisconsin department of corrections; or a licensed child welfare agency from another state authorized to place children in residential care centers.

(20) “Professional” means a person who is a Wisconsin certified alcohol or drug abuse counselor or a person with at least a bachelor’s degree from an accredited college or university who has specialized training to do therapy or counseling or to provide other treatment services or a social worker licensed under s. 457.08, Stats.

(21) “Psychiatrist” means a physician licensed under ch. 448, Stats., to practice medicine and surgery who has satisfactorily completed 3 years of residency training in psychiatry or child psychiatry in a program approved by the accreditation council for graduate medical education and is either certified or eligible for certification by the American board of psychiatry and neurology.

(21g) “Reasonable and prudent parent standard” means a standard for use in making decisions concerning a resident’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 resident while at the same time encouraging the emotional and developmental growth of the resident.

(22) “Resident” means a child who is admitted to and resides in a residential care center for children and youth.

(22m) “Resident care worker” means a staff person specified in s. DCF 52.12 (1) (a) 5.

(23) “Residential care center for children and youth” or “residential care center”, “center”, or “RCC” means a residential facility required to be licensed as a child welfare agency under s. 48.60, Stats., that provides treatment and custodial services for children under 21 years of age.

(23m) “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 52.415.

(24) “Staff person” means a person who is either employed by a center or under contract for a center to perform the functions identified in s. DCF 52.12 (1) (a) or (2) (i).

(25) “Treatment plan” means a written plan of services to meet the specific treatment goals and needs of an individual resident.

(26) “Type 2 residential care center” means a center designated by the department of corrections as a type 2 child caring institution that is approved by the department to operate under its residential care center license to provide care and maintenance for juveniles who have been placed in the residential care center under the supervision of the department of corrections or a county department under s. 938.34 (4d), Stats.

(27) “Type 2 status” has the meaning specified under s. 938.539, Stats., and includes the status given by the court to a youth who is placed by the court in a type 2 residential care center.

(28) “Wisconsin public purchaser” means a county department, the department, or the Wisconsin department of corrections.

History: Cr. Register, February, 2000, No. 530, eff. 9-1-00; corrections in (3), (5), (7), (8), (15) and (24) made under s. 13.92 (4) (b) 6. and 7., Stats., Register November 2008 No. 635; EmR1106: emerg. r. and recr. (4), am. (23), cr. (19m), (28), eff. 9-16-11; CR 11-026: r. and recr. (4), am. (23), cr. (19m), (28) Register December 2011 No. 672, eff. 1-1-12; EmR1414: emerg r. and recr. (22), am. (23), eff. 8-1-14; CR 14-054: cr. (2m), r. and recr. (22), am. (23) Register April 2015 No. 712, eff. 5-1-15; EmR1633: emerg. cr. (1m), (5m), (16m), (21g), (22m), (23m), eff. 11-18-16; CR 16-051: cr. (1m), (5m), (16m), (21g), (22m), (23m) Register July 2017 No. 739, eff. 8-1-17; correction in (7) made under ss. 13.92 (4) (b) 7. and 35.17, Stats., Register September 2020 No. 777; CR 21-107: am. (1) Register June 2022 No. 798, eff. 7-1-22.

Subchapter II — Administration

DCF 52.11 Licensee responsibilities. A licensee shall protect and promote the health, safety and welfare of children served and meet all applicable requirements under this chapter. If this chapter does not specify who should complete a task or function, the licensee shall make the necessary arrangements to achieve and maintain compliance. The licensee shall do all of the following:

(1) Table of organization. Maintain an up-to-date table of organization showing the center’s administrative and staffing structure with position titles and lines of authority.

(2) Documentation of staffing.

(a) Maintain all of the following records:

1. Written schedules of staff coverage that document the specific resident care workers and resident services case managers that worked each shift to meet the applicable staff-to-resident ratios in s. DCF 52.41 (3).

2. Staff payroll records.

(b) Retain records under par. (a) for 5 years and make all records immediately available upon request of the department.

(3) Operation of center.

(a) Operate the center in accordance with the provisions of the center’s license and in compliance with this chapter.

(b) Comply with all applicable federal, state and local laws as determined by those authorities.

(4) Notification of department.

(a) Notify the department in writing within one week after there is a change in the person filling the center director position.

(b) Notify the department in writing before making any general change affecting center organization, administration or operation or in the center’s treatment program as described in the center’s program statement and operating plan under s. DCF 52.41 (1). A general change is one that affects the overall structure of how a center is organized, administered or operated or in how a treatment program or approach is delivered.

(c) Notify the department in writing and receive approval from the department before serving a resident population that has different needs or disabilities than the resident population described in the agency plan under s. DCF 52.41 (1) (a) 3.

(5) Bonding of certain employees. Carry a bond on any staff person who has access to the center’s financial accounts and on persons permitted to sign checks or manage funds.

(6) Financial records and audits.

(a) Arrange for an annual audit report by a certified public accountant in accordance with department guidelines.

Note: For further information, contact the Department of Children and Families, Bureau of Finance, 201 W. Washington Avenue, P.O. Box 8916, Madison WI 53708-8916 or 608-422-7000.

(b) Establish and maintain an accounting system that enables a residential care center program to accurately report income and disbursements by the cost categories in the cost and service report in s. DCF 52.66 (1) (a).

(c) Be responsible for the secure and judicious use of the funds of the residential care center. Policies and practices shall be in accord with sound budgeting, disbursement, and audit control procedures.

(d) Maintain a system of business management and staffing to ensure complete and accurate accounts, books, and records are maintained.

(e) Provide the department with financial information about the residential care center upon request.

(7) Community advisory committee. Make a “good faith effort” to establish and maintain a community advisory committee, pursuant to s. 48.68 (4), Stats.

(8) Meeting with the department. Meet with the department at the department’s request.

(9) Keeping copies of written complaints, grievances. Keep copies of all written complaints and grievances received under ss. 48.745 and 51.61, Stats., and reports of investigations made and of resolutions of complaints and grievances.

(10) Notification of parents and department related to residents.

(a) Notify a resident’s parent or guardian, legal custodian, placing person or placing agency and the department as soon as possible of any injury requiring the resident’s hospitalization or causing the death of the resident or relocation of the resident off center licensed premises or any reported incident of abuse or neglect under s. 48.981, Stats.

(b) Report to the department on a form prescribed by the department within 24 hours after the death of a resident when reasonable cause exists to believe that the death was related to the use of a physical restraint or a psychotropic medication or was a suicide, as required under s. 48.60 (5) (a), Stats.

Note: The required forms are available in the forms section of the department website at http://dcf.wisconsin.gov or by writing or calling any field office listed in Appendix D.

Form number CFS2091, Child’s Death, Serious Injury or Egregious Incident Notification
Form number CFS2146, Serious Incident Report
Form number CFS2183, Residential Care Center Statutorily Reportable Death

(11) Fire reporting. Notify the department as soon as possible of any fire that requires the services of the fire department or incidents which require police intervention.

(12) Incident reporting. Provide a report in writing to the department describing the events leading up to and including the occurrence of any incident under sub. (10) (a) or (11), within 48 hours after occurrence of the incident. The center shall retain a copy of the report.

(13) Filing plan with department before closing. When the center is being closed, notify and file a plan with the department at least 60 days before the closing date for the placement of center residents. The plan shall include procedures for terminating operations and time limits for notifying parents or guardians and county departments or other agencies responsible for the residents in care.

(14) Other notifications and reporting required by department. Comply with all other notifications and reporting the department determines appropriate such as for an incident involving the death or serious injury of a resident, a serious incident involving law enforcement, a reported incident of child abuse or neglect, a suicide attempt by a resident or a medication error adversely affecting a resident.

(15) Liability insurance coverage. Carry general and professional liability insurance coverage with limits of not less than $250,000 per person, $500,000 per occurrence for bodily injury and $100,000 for property damage.

(16) Compliance with program statement and operating plan. Follow all policies and procedures in the center’s program statement and operating plan under s. DCF 52.41 (1) and as otherwise required in this chapter or required by the department to fulfill the intent of this chapter.

(17) Compliance with caregiver background check law. Ensure that the center complies with ch. DCF 12, relating to background information checks on persons who will have access to center residents, and not hire, contract with or otherwise retain a person to work in any position where the person would have direct, regular contact with residents, if the person because of a specified past action is prohibited from working with residents.

Note: Caregiver background check requirements are also in s. 48.685, Stats.

Note: Make all notifications to the department required under this subsection and send all reports and plans required under this subsection to the appropriate field office of the Division of Safety and Permanence listed in Appendix D.

(18) Inspections. Allow the department to visit and inspect the center and be given unrestricted access to the premises. During this inspection, a licensee shall provide all of the following:

(a) Any documentation of center operations requested by the department.

(b) Any resident records requested by the department.

(19) Requests for information. Respond promptly to requests for information from the department, a placing agency, or any other governmental agency with statutory authority to see the information.

(20) Current and accurate. Ensure that information that the licensee or center staff submits to or shares with the department, a placing agency, or any other governmental agency is current and accurate.

(21) Emergency procedures. Have written procedures for handling an emergency including all of the following:

(a) Calling in extra staff.

(b) Securing the assistance of law enforcement or emergency medical personnel.

(22) Disaster plan.

(a) File a disaster plan with the department and any placing agency that has placed a child in the center that would allow the department or placing agency to identify, locate, and ensure continuity of services to residents under the placement and care responsibility or supervision of the placing agency who are displaced or adversely affected by a disaster. The disaster plan shall include all of the following information:

1. Where a licensee, center staff, and residents would go in an evacuation, including one location in the nearby area and one location out of the area.

2. Phone numbers, electronic mail addresses, and other contact information for the licensee.

3. A list of items that the licensee or center staff will take if evacuated, including any medication and medical equipment for residents.

4. Phone numbers the licensee will call to check in with the department and placing agency.

(b) Review the disaster plan on a quarterly basis to ensure it is current and accurate. Document the quarterly review and provide the documentation to the department upon request.

(23) Department memos. Register to receive department memos on child welfare licensing and child welfare policy by electronic mail. A licensee shall submit a new registration if the licensee’s electronic mail address changes.

Note: Sign up for Child Welfare Licensing Memos at https://dcf.wisconsin.gov/cwlicensing/signup. Sign up for Child Welfare Policy Memos at https://dcf.wisconsin.gov/cwportal/sign-up.

(24) Non-discrimination. Ensure that the residential care center does not discriminate against a resident based on the resident’s race or cultural identification, sex, sexual orientation, age, color, creed, ancestry, national origin, disability, political affiliations, or religious beliefs.

History: Cr. Register, February, 2000, No. 530, eff. 9-1-00; corrections in (4) (b), (c), (16) and (17) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; EmR1106: emerg. r. and recr. (2), (6), cr. (18) to (24), eff. 9-16-11; CR 11-026: r. and recr. (2), (6), cr. (18) to (24) Register December 2011 No. 672, eff. 1-1-12; CR 14-054: am. (intro.) Register April 2015 No. 712, eff. 5-1-15; correction in (17) made under s. 13.92 (4) (b) 7., Stats., Register March 2018 No. 747.

DCF 52.12 Personnel.

(1) Staffing.

(a) A center shall have all of the following personnel:

1. A director employed by the center who is responsible for center operations.