Chapter DCF 52

DCF 52.51   Buildings and grounds.

DCF 52.52   General physical environment.

DCF 52.53   Bath and toilet facilities.

DCF 52.54   Bedrooms.

DCF 52.55   Fire safety.

DCF 52.555   Carbon monoxide detector.

DCF 52.56   General safety and sanitation.

Subchapter VII — Specialized Programs

DCF 52.57   Exceptions and additional requirements for type 2 programs.

DCF 52.58   Exceptions and additional requirements for short-term programs.

DCF 52.59   Respite care services programs.

Subchapter VIII — Need Determination and License Application

DCF 52.61   Determination of need for additional beds.

DCF 52.62   Licensing administration.

DCF 52.63   Inspections and complaint investigations.

Subchapter IX — Rate Regulation

DCF 52.64   Rate determination.

DCF 52.65   Allowable costs.

DCF 52.66   Rate methodology.

DCF 52.67   Rate resolution.

DCF 52.68   Extraordinary payments.

DCF 52.69   Advisory committee.

Ch. DCF 52 Note Note: Chapter HSS 52 was renumbered chapter HFS 52 under s. 13.93 (2m) (b) 1., Stats., and corrections made under s. 13.93 (2m) (b) 6. and 7., Stats., Register, June, 1999, No. 522. Chapter HFS 52 was repealed and recreated, Register, February, 2000, No. 530, eff. 9-1-00. Chapter HFS 52 was renumbered to chapter DCF 52 under s. 13.92 (4) (b) 1., Stats., Register November 2008 No. 635.

subch. I of ch. DCF 52 Subchapter I — General Provisions

DCF 52.01 DCF 52.01 Authority and purpose. This chapter is promulgated under the authority of s. 48.67, Stats., to ensure that residential care centers for children and youth protect and promote the health, safety and welfare of residents, respect the rights of individual residents, provide the most appropriate conditions possible for each resident, help each resident develop socially acceptable patterns of behavior, develop resident treatment plans consistent with the state’s permanency planning policy to support the integrity of the family, and help each resident return as quickly as possible to the resident’s family or achieve permanency through adoption or guardianship. This chapter is also promulgated under the authority of s. 49.343, Stats., to establish the rate that a residential care center may charge for its services and to promote efficient provision of services.

DCF 52.01 History History: Cr. Register, February, 2000, No. 530, eff. 9-1-00; EmR1106: emerg. am., eff. 9-16-11; CR 11-026: am. Register December 2011 No. 672, eff. 1-1-12; CR 21-107: am. Register June 2022 No. 798, eff. 7-1-22.

DCF 52.02 DCF 52.02 Applicability.

DCF 52.02(1) (1) Scope. This chapter applies to the department, to applicants for a license to operate a residential care center for children and youth and to all licensed residential care centers for children and youth, except as provided in s. DCF 52.57 for type 2 residential care center programs, in s. DCF 52.58 for short-term programs and in s. DCF 52.59 for respite care services programs.

DCF 52.02(2) (2) Exceptions.

DCF 52.02(2)(a) (a) The department may grant an exception to a nonstatutory requirement of this chapter if the department determines that the exception will not jeopardize the health, safety or welfare of any child served by the center. A request for an exception shall be made on a form prescribed by the department. The request shall justify the exception and describe the alternative provision that meets the intent of the requirement.

DCF 52.02 Note Note: Form DCF-F-5023-E, Child Welfare Request for Exception, is available in the forms section of the department website, http://dcf.wisconsin.gov, or from a department field office. A request for an exception to a requirement of this chapter should be sent to the licensing representative of the department’s Division of Safety and Permanence. See Appendix D for the address of the field office for your area.

DCF 52.02(2)(b) (b) The department may impose one or more specific conditions on any exception granted under this subsection to protect the health, safety or welfare of residents. Violation of a condition is a violation of this chapter.

DCF 52.02 History History: Cr. Register, February, 2000, No. 530, eff. 9-1-00; correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; EmR1414: emerg. am. (2) (a), eff. 8-1-14; CR 14-054: am. (2) (a) Register April 2015 No. 712, eff. 5-1-15.

DCF 52.03 DCF 52.03 Definitions. In this chapter:

DCF 52.03(1) (1) “Aftercare” means follow-up services provided to a young person after the young person is discharged from a center.

DCF 52.03(1m) (1m) “Age or developmentally appropriate activities” means activities that are generally accepted as suitable for children of a given 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 a given age or age group or, in the case of a specific resident, activities that are suitable for the resident based on the cognitive, emotional, physical, and behavioral capacities of that resident.

DCF 52.03(2) (2) “Center” means a residential care center for children and youth.

DCF 52.03 Note Note: Residential care centers for children and youth were formerly called child care institutions (CCIs) and in ch. 48, Stats., are referred to as child welfare agencies.

DCF 52.03(2m) (2m) “Child” is a person who is under 21 years of age and is under juvenile court jurisdiction or other court order, is being provided services by a child welfare or juvenile justice agency, or is placed under a contract or agreement.

DCF 52.03(3) (3) “Child-placing agency” or “placing agency” means any agency that is required to be licensed under s. 48.60, Stats., and ch. DCF 54, to place children into adoptive homes, foster homes or group homes, to accept guardianship of children or to license foster homes, or a county department with powers and duties as defined under s. 48.57, Stats., the department or the Wisconsin department of corrections or any other lawful placement authority.

DCF 52.03(4) (4) “County department” or “county” means a county department of social services under s. 46.215 or 46.22, Stats.; a county department of human services under s. 46.23, Stats.; or a county department under s. 51.42 or 51.437, Stats.

DCF 52.03(5) (5) “Department” means the Wisconsin department of children and families.

DCF 52.03(5m) (5m) “Family interaction plan” means a plan developed by a placing agency to promote a resident’s interaction with members of the resident’s family and includes interaction by face-to-face contact; telephone calls; letters; emails; and attendance at routine activities, such as counseling sessions, medical appointments, school events, and faith-related activities.

DCF 52.03(6) (6) “Full-time staff” means a center staff member who works 40 or more hours per week in the same staff position or 2 or more part-time staff members who together work in the same staff position 40 or more hours per week.

DCF 52.03(7) (7) “Guardian” means a person appointed by a court under s. 48.9795, Stats., to have the duties and authority of guardianship described under s. 48.023 or 48.9795, Stats., or as defined under s. 938.02 (8), Stats.

DCF 52.03(8) (8) “HealthCheck provider” means a provider of health assessment and evaluation services certified under s. DHS 105.37 (1) (a).

DCF 52.03(9) (9) “Informed consent” or “consent” means signed written consent which is voluntary and based on understanding by a person 18 years of age or older or a minor resident as provided under law who is competent and who understands the terms of the consent, and as otherwise provided under law by the resident’s parent, guardian or legal custodian or as provided under a court order or other lawful authority.

DCF 52.03(10) (10) “Legal custodian” has the meaning specified in s. 48.02 (11), Stats., or in s. 938.02 (11), Stats.

DCF 52.03(11) (11) “Legal custody” has the meaning specified in s. 48.02 (12), Stats., or in s. 938.02 (12), Stats.

DCF 52.03(12) (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.

DCF 52.03(13) (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.

DCF 52.03(14) (14) “Licensing representative” means a department employee responsible for licensing residential care centers.

DCF 52.03(15) (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.

DCF 52.03(16) (16) “NFPA” means the National Fire Protection Association.

DCF 52.03(16m) (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.

DCF 52.03(17) (17) “Parent” has the meaning specified in s. 48.02 (13), Stats., or in s. 938.02 (13), Stats.

DCF 52.03(18) (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.

DCF 52.03(19) (19) “Physician” has the meaning prescribed in s. 448.01 (5), Stats.

DCF 52.03(19m) (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.

DCF 52.03(20) (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.

DCF 52.03(21) (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.

DCF 52.03(21g) (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.

DCF 52.03(22) (22) “Resident” means a child who is admitted to and resides in a residential care center for children and youth.

DCF 52.03(22m) (22m) “Resident care worker” means a staff person specified in s. DCF 52.12 (1) (a) 5.

DCF 52.03(23) (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.

DCF 52.03(23m) (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.

DCF 52.03(24) (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).

DCF 52.03(25) (25) “Treatment plan” means a written plan of services to meet the specific treatment goals and needs of an individual resident.

DCF 52.03(26) (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.

DCF 52.03(27) (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.

DCF 52.03(28) (28) “Wisconsin public purchaser” means a county department, the department, or the Wisconsin department of corrections.

DCF 52.03 History 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.

subch. II of ch. DCF 52 Subchapter II — Administration

DCF 52.11 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:

DCF 52.11(1) (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.

DCF 52.11(2) (2) Documentation of staffing.

DCF 52.11(2)(a) (a) Maintain all of the following records:

DCF 52.11(2)(a)1. 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).

DCF 52.11(2)(a)2. 2. Staff payroll records.

DCF 52.11(2)(b) (b) Retain records under par. (a) for 5 years and make all records immediately available upon request of the department.

DCF 52.11(3) (3) Operation of center.

DCF 52.11(3)(a) (a) Operate the center in accordance with the provisions of the center’s license and in compliance with this chapter.

DCF 52.11(3)(b) (b) Comply with all applicable federal, state and local laws as determined by those authorities.

DCF 52.11(4) (4) Notification of department.

DCF 52.11(4)(a) (a) Notify the department in writing within one week after there is a change in the person filling the center director position.

DCF 52.11(4)(b) (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.

DCF 52.11(4)(c) (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.

DCF 52.11(5) (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.