Chapter DCF 52

DCF 52.12(5)(cm) (cm) Automated external defibrillator training. A residential care center for children and youth shall have in each building housing residents when those residents are present at least one staff member who has current proficiency in the use of an automated external defibrillator, as defined in s. 256.15 (1) (cr), Stats., achieved through instruction provided by an individual, organization, or institution of higher education that is approved under s. 46.03 (38), Stats., to provide such instruction.

DCF 52.12(5)(d) (d) Working with monitor. A newly hired resident care worker who meets one of the qualifications under sub. (2) (e) 1. to 3. may not assume independent responsibility for residents until completing 80 hours of work with residents during which assistance and guidance is provided by an experienced center resident care worker.

DCF 52.12(5)(e) (e) Educational program orientation. A center shall provide orientation training on the center’s educational program required under s. DCF 52.41 (1) (b) to center staff responsible for resident educational services before staff provide those services to residents.

DCF 52.12(5)(f) (f) Continuing training. A center shall provide or arrange for continuing training for staff so that staff competencies necessary to meet the needs of residents are maintained and enhanced. The center shall do all of the following:

DCF 52.12(5)(f)1. 1. Determine continuing training needs through staff performance reviews and assessments.

DCF 52.12(5)(f)2. 2. Provide or arrange for at least 24 hours of continuing training annually for every staff member working with residents. Training provided or arranged by the center under pars. (b) and (c) may be counted towards the required 24 hours of annual training but not training received by a staff member from a previous employer.

DCF 52.12(5)(g) (g) Traineeship.

DCF 52.12(5)(g)1. 1. The center shall establish a traineeship for a new resident care worker who is not otherwise qualified under sub. (2) (e) 1. to 3. The trainee shall be required to work with an experienced resident care worker for at least the first 160 hours of work with residents.

DCF 52.12(5)(g)2. 2. When a traineeship program required under sub. (2) (e) 4. has been completed, the center shall note this in the resident care worker’s personnel record. Documentation shall include the beginning and ending dates of the traineeship, the name of the experienced staff member who worked with the trainee and assessment of the strengths and competencies of the resident care worker by the resident care worker supervisor.

DCF 52.12(5)(g)3. 3. If, as part of the traineeship, the topics under par. (c) are covered, this training may be counted towards meeting the requirement under par. (c).

DCF 52.12(5)(gm) (gm) RPPS decision makers. A center shall ensure that an individual specified in s. DCF 52.415 (2) (b) successfully completes training on the application of the reasonable and prudent parent standard prior to making reasonable and prudent parenting decisions.

DCF 52.12(5)(h) (h) Documentation of training. A center shall document in each staff member’s personnel record all orientation and training received by the staff member. Documentation shall include dates of training and who provided the training.

DCF 52.12(6) (6) Staff supervision.

DCF 52.12(6)(a) (a) A center shall provide for appropriate supervision of staff as follows:

DCF 52.12(6)(a)1. 1. There shall be at least one full-time equivalent social work case work supervisor as described under sub. (1) (a) 2. for no more than 8 full-time resident services case manager staff under sub. (1) (a) 3.

DCF 52.12(6)(a)2. 2. There shall be at least one full-time equivalent resident care worker supervisor as described under sub. (1) (a) 4. for no more than 8 full-time equivalent resident care workers under sub. (1) (a) 5.

DCF 52.12(6)(a)3. 3. The center director or professional designee shall supervise the remaining staff and consultant and service staff under subs. (1) and (2) (i).

DCF 52.12(6)(a)4. 4. The center director shall ensure that when a supervisor is absent, each staff member supervised by that person knows to whom the staff member reports.

DCF 52.12(6)(b) (b) Staff supervision shall include both of the following:

DCF 52.12(6)(b)1. 1. A written performance review and assessment of a staff member at least once in the staff person’s first 6 months with the center and annually thereafter.

DCF 52.12(6)(b)2. 2. Filing a copy of the performance review and assessment and any written response of the staff person to it in the staff person’s personnel record.

DCF 52.12(7) (7) Volunteers and student interns. A center that accepts unpaid college students on field placement or volunteers to provide services to residents shall do all of the following:

DCF 52.12(7)(a) (a) Verify the individual’s qualifications to work with residents through character reference checks and background verification and a signed statement under sub. (3) (b) and (c), a caregiver background records check under sub. (3) (d) and a physician’s statement under sub. (3) (e).

DCF 52.12(7)(b) (b) Maintain a list of volunteers and students on field placement working in the center and have a written description of the job responsibilities of each. The center shall provide a copy of a particular student’s or volunteer’s job responsibilities to the student or volunteer. The description shall include the following:

DCF 52.12(7)(b)1. 1. A statement of the purpose of the student’s or volunteer’s involvement, role and responsibilities.

DCF 52.12(7)(b)2. 2. Identification of a staff member meeting, at minimum, the requirements under sub. (2) for a resident care worker who will supervise the student or volunteer.

DCF 52.12(7)(b)3. 3. An indication of the extent to which the student or volunteer will be able to contribute to development of a resident’s service plan or plan progress reviews.

DCF 52.12(7)(c) (c) Orient students and volunteers on subjects listed under sub. (5) (b) before permitting them to work with residents.

DCF 52.12(7)(d) (d) Have each student or volunteer sign a department-provided statement acknowledging the student or volunteer’s responsibility for reporting any suspected child abuse and neglect under sub. (9) and for maintaining confidentiality of resident record information in accordance with s. 48.78 or 938.78, Stats., and s. 51.30, Stats.

DCF 52.12(7)(e) (e) Maintain a personnel record on each student and volunteer. The record shall contain the documentation required in this subsection. The center shall maintain the record for 5 years after last date of service.

DCF 52.12(7)(f) (f) Follow a policy of not using volunteers or students to replace staff required under sub. (1).

DCF 52.12(8) (8) External professional services.

DCF 52.12(8)(a) (a) A center may contract for or otherwise arrange for professional services not provided by the center when necessary for implementation of a resident’s treatment plan. If a center does contract for or otherwise arrange for external professional services, the center shall do all of the following:

DCF 52.12(8)(a)1. 1. Maintain a list of all external professional service providers.

DCF 52.12(8)(a)2. 2. Require that each external professional service provider have the appropriate license or certification.

DCF 52.12(8)(a)3. 3. Require that each external professional service provider provide written reports to the center on the resident’s progress.

DCF 52.12(8)(b) (b) A center arranging for an outside specialist or consultant to treat or advise about treating a dysfunctional behavior or condition of a resident shall notify the resident’s placing person or agency in writing if the outside specialist or consultant states that the resident needs follow-along and support services. The center shall inform the placing person or agency of specialist or consultant recommendations for the resident including the needs, types of follow-along or support services and the amount of recommended time needed for those efforts. Center staff shall document the recommendations and notification in the resident’s treatment record.

DCF 52.12(9) (9) Child abuse and neglect reporting.

DCF 52.12(9)(a) (a) A center shall at all times protect residents from abuse or neglect.

DCF 52.12(9)(b) (b) A center shall require each staff member, student intern and volunteer to read and sign a statement provided by the department which describes the individual’s responsibility to report suspected child abuse or neglect as required under s. 48.981 (2) and (3), Stats.

DCF 52.12 Note Note: Form number CFS2172, Residential Care Center Child Abuse and Neglect Reporting and Confidentiality Responsibilities, is 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.

DCF 52.12(9)(c) (c) A center shall have written policies and procedures for reporting to the appropriate local county social or human services department or law enforcement agency when there is reasonable cause to suspect that a child has been abused or neglected. The policies and procedures shall include:

DCF 52.12(9)(c)1. 1. Notifying the child’s placing person or agency and the department licensing representative of possible abuse or neglect and the basis for that suspicion.

DCF 52.12(9)(c)2. 2. Meeting reporting requirements in s. 48.981 (2) and (3), Stats.

DCF 52.12(9)(c)3. 3. Prohibiting imposition of a sanction or any reprisal against a person for reporting suspicion of child abuse or neglect.

DCF 52.12(9)(d) (d) When child abuse or neglect is reported, the center shall take necessary steps to protect the resident until a finding is made.

DCF 52.12(10) (10) Personnel records.

DCF 52.12(10)(a) (a) General personnel records. A center shall maintain a personnel record for each staff member under subs. (1) (a) and (2) (i). The record shall contain, at minimum, the following information:

DCF 52.12(10)(a)1. 1. The staff member’s application for employment under sub. (3) (b).

DCF 52.12(10)(a)2. 2. Copies of the staff member’s job description and the performance standards and conduct expectations relating to that job required under sub. (4) (a) and (b).

DCF 52.12(10)(a)3. 3. Documentation of information obtained from a staff member’s references required under sub. (3) (c).

DCF 52.12(10)(a)4. 4. The department-prescribed background information disclosure form, signed as required under sub. (3) (d).

DCF 52.12(10)(a)5. 5. A history of the staff member’s employment at the center, with starting and ending dates for each position.

DCF 52.12(10)(a)6. 6. A copy of the signed department form under sub. (4) (c) for reporting suspected child abuse and neglect.

DCF 52.12(10)(a)7. 7. A copy of the background records checks required under sub. (3) (d).

DCF 52.12(10)(a)8. 8. A copy of the statement under sub. (4) (d), signed by the staff member, about the need to maintain confidentiality of personally identifiable information about residents.

DCF 52.12(10)(a)9. 9. Copies of completed performance reviews and assessments under sub. (6) (b).

DCF 52.12(10)(a)10. 10. A description of training received under sub. (5) (h).

DCF 52.12(10)(a)11. 11. Authorization to administer medications, if applicable, as required under s. DCF 52.46 (2) (a) 3.

DCF 52.12(10)(a)12. 12. For RPPS decision makers, documentation of the training under sub. (5) (gm).

DCF 52.12(10)(b) (b) Health record. A center shall separately maintain a health record for each staff member containing health history, any physical or mental health evaluation under sub. (3) (f) and the physician’s statement required under sub. (3) (e).

DCF 52.12(10)(c) (c) Retention. A center shall maintain the personnel file of each staff member for 5 years after the date on which the staff member terminates employment with the center.

DCF 52.12(11) (11) Staff housing. A residential care center may not house children of staff with residents.

DCF 52.12 History History: Cr. Register, February, 2000, No. 530, eff. 9-1-00; corrections in (2) (f), (3) (b) 3., (d), (5) (b) 4., (e) and (10) (a) 11. made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; EmR1106: emerg. cr. (5) (cm), (11), eff. 9-16-11; CR 11-026: am. (3) (e), (5) (c) 6., cr. (5) (cm), (11) Register December 2011 No. 672, eff. 1-1-12; CR 14-054: am. (8) (b) Register April 2015 No. 712, eff. 5-1-15; EmR1633: emerg. cr. (5) (gm), (10) (a) 12., eff. 11-18-16; CR 16-051: cr. (5) (gm), (10) (a) 2. Register July 2017 No. 739, eff. 8-1-17; correction in (12) (c) 3. a. made under s. 35.17, Stats., Register September 2017 No. 741; correction in (3) (b) 3., (d) made under s. 13.92 (4) (b) 7., Stats., Register March 2018 No. 747; CR 21-107: am. (6) (a) 4. Register June 2022 No. 798, eff. 7-1-22.

DCF 52.13 DCF 52.13 Administrative records.

DCF 52.13(1) (1) Types of records. A licensee shall assemble and maintain all of the following administrative records:

DCF 52.13(1)(a) (a) A document describing the governing structure of the center and, if they exist, the charter, articles of incorporation and by-laws of the governing body.

DCF 52.13(1)(b) (b) The names and positions of persons authorized to sign agreements and submit official documentation concerning the center to the department.

DCF 52.13(1)(c) (c) The table of organization and staffing schedules for the center as required under s. DCF 52.11 (1) and (2).

DCF 52.13(1)(d) (d) Audit reports required under s. DCF 52.11 (6), retained for 5 years.

DCF 52.13(1)(e) (e) Incident reports under s. DCF 52.11 (12) of a fire or other disaster, retained for 5 years.

DCF 52.13(1)(f) (f) Copies of general and professional liability insurance policies required under s. DCF 52.11 (15).

DCF 52.13(1)(g) (g) The list required under s. DCF 52.12 (8) (a) 1. of all external professional service providers the center uses.

DCF 52.13(1)(h) (h) Personnel records under s. DCF 52.12 (10), retained for 5 years after the employee leaves the center.

DCF 52.13(1)(i) (i) The center’s program statement and operating plan and updates to it required under s. DCF 52.41 (1), and as otherwise required under s. DCF 52.58 (3) or 52.59 (4), as well as copies of current written policies and procedures otherwise required by this chapter.

DCF 52.13(1)(j) (j) Menus for the last 30 days as required under s. DCF 52.44 (3) (b).

DCF 52.13(1)(k) (k) Driver records required under s. DCF 52.47 (4) for center drivers.

DCF 52.13(1)(L) (L) Documentation required under s. DCF 52.44 (4) (d) of annual in-service training of food service personnel.

DCF 52.13(1)(m) (m) Copy of vehicle insurance liability policy required under s. DCF 52.47 (6) (a) 1. and vehicle safety inspection forms required under s. DCF 52.47 (6) (a) 1.

DCF 52.13(1)(n) (n) Police accident reports under s. DCF 52.47 (7).

DCF 52.13(1)(o) (o) Reports of building inspections required under s. DCF 52.51 (1) (b) and construction approvals required under s. DCF 52.51 (1) (c), retained for 5 years.

DCF 52.13(1)(p) (p) Records of fire drills, center fire inspections, smoke detector tests and sprinkler system inspections required under s. DCF 52.55 (2) (b), (3), (4) (c) and (7) and annual heating system inspection and service reports required under s. DCF 52.56 (2) (b), retained for 5 years.

DCF 52.13(1)(q) (q) Water sample test results under s. DCF 52.56 (1) and records of tornado practice exercises required under s. DCF 52.56 (23) (c), retained for 5 years.

DCF 52.13(1)(r) (r) Copies of all need determination documentation and approvals within the past 5 years under s. DCF 52.61.

DCF 52.13(2) (2) Records maintained on-site. The administrative records listed under sub. (1) (c), (e), (g) to (k), (n), (p) and (q) shall be maintained on-site at the center location to which they apply.

DCF 52.13 History History: Cr. Register, February, 2000, No. 530, eff. 9-1-00; corrections in (1) (c) to (r) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635.

subch. III of ch. DCF 52 Subchapter III — Admission, Treatment and Planning and Discharge

DCF 52.21 DCF 52.21 Admission.

DCF 52.21(1) (1) Policies and procedures. A center shall have written resident admission policies and procedures that describe the primary presenting problems and range of behaviors of residents which the center will treat and center procedures for admitting a resident. Before a prospective resident is admitted to a center, center professional staff shall evaluate the needs of the prospective resident using information and procedures described in the agency program statement and operating plan and determine whether the center is able to meet the identified needs of the prospective resident.