Wisconsin Legislature: DCF 52.13(1)(h)

3. Prohibiting imposition of a sanction or any reprisal against a person for reporting suspicion of child abuse or neglect.

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

(10) Personnel records.

(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:

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

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).

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

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

5. A history of the staff member’s employment at the center, with starting and ending dates for each position.

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

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

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.

9. Copies of completed performance reviews and assessments under sub. (6) (b).

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

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

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

(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).

(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.

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

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 Administrative records.

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

(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.

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

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

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

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

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

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

(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.

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

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

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

(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.

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

(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.

(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.

(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.

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

(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.

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.

Subchapter III — Admission, Treatment and Planning and Discharge

DCF 52.21 Admission.

(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.

(2) Admission screening report. Center professional staff shall complete a written, dated and signed admission screening report on a resident which includes a preadmission review and identification of the prospective resident’s primary presenting problems and a statement recommending reasons for or against admission based on the ability of the center to meet the prospective resident’s needs.

(3) Conditions. A center may admit a prospective resident if the center can meet the prospective resident’s needs, as determined by the admission screening report under sub. (2) and if the following conditions are met:

(a) Interstate placements. In accepting a prospective resident from outside the state of Wisconsin, the center has received prior written approval under the interstate compact on the placement of children under s. 48.988, Stats., and has received information on the prospective resident’s social, medical and educational history.

(b) Child under age 7. In admitting a child age 6 or under, the center has received prior written approval from the department. A center shall meet any additional requirements determined appropriate by the department for the care and treatment of a child age 6 or under.

(d) Serving children 18 years of age or over, but under 21 years of age. In admitting residents age 18 or over:

1. The center has a license to provide care and maintenance to a resident of that age, sex, and population type.

Note: A current licensee may request an amendment to serve a resident population that is 18 years of age or over, but under 21 years of age, and is transitioning to independence under s. DCF 52.62 (4) (d).

2. The center program statement under s. DCF 52.41 (1) describes how all of the following are achieved:

a. Center program compatibility among residents.

b. Age appropriate grouping in center activities and living arrangements.

c. Transition-to-independence planning.

(4) Service contracts. As permitted under s. 48.61 (2), Stats., a center may enter into a contract with a prospective resident’s parent or guardian or a contract or other agreement with the prospective resident’s legal custodian or placing person or agency, if not the same, for the center to provide services for a person admitted to the center. The center shall maintain all service contracts and agreements for a resident either in the resident’s treatment record or in an administrative record. A contract or other agreement shall include all of the following:

(a) Expectations and responsibilities of both parties, including a clear division of responsibility and authority between the center and the parent or guardian, legal custodian and placing person or agency, if not the same, for decisions on resident treatment plan services and activities, including any changes in them, both inside and outside the center, as described in the resident’s treatment plan under s. DCF 52.22 (2) (b).

(b) The financial arrangements for the resident, and provision for periodic review of case plan progress under s. DCF 52.22 (3).

(5) Informed consent for medical and dental services.

(a) Before a center may admit a prospective resident, the center shall obtain written, signed informed consent that gives the center health care consultant or resident’s physician the following authority:

1. Authority to order or provide to the resident routine medical services and procedures, including scheduled immunizations and dental services and non-prescription and prescription medications.

2. Authority to delegate and supervise administration of medications by center-authorized staff and for staff to handle and provide the medication to the resident and observe self-administration of the medication by the resident.

3. Authority to obtain other medical information on the resident.

4. Authority to provide or order when there is a life-threatening situation, emergency medical procedures, including surgery, when it is not possible to immediately reach the person or authority authorized to give signed written specific informed consent.

(b) The consent under par. (a) does not cover administration of psychotropic medications, major surgery not of an emergency nature or major dental work. Consent for these shall be obtained in accordance with the provisions of this chapter.

(6) Pre-placement visit. A center shall arrange, whenever possible, with the placing person or agency for a pre-placement visit for the prospective resident and, whenever possible, shall invite the parent or guardian to participate. During a pre-placement visit, center staff shall provide the prospective resident and the prospective resident’s parent or guardian with an orientation to the center’s program.

(7) Adjustment facilitation. At the time of admission, center staff shall do all of the following:

(a) Orient the new resident and the resident’s parent or guardian and legal custodian to the center’s facilities and program, if this was not done under sub. (6).

(b) Help the new resident to adjust to the effects of separation from family and to center placement.

(c) Give the new resident and the resident’s parent or guardian and legal custodian copies of the house rules, including rules on visiting, expected behavior and sanctions for misbehaving and resident rights and grievance and complaint procedures, with explanations of them.

(8) Health screening.

(a) Examination. Upon admission of a new resident, a center shall do one of the following:

1. Obtain either from a certified HealthCheck provider or licensed physician the results of a physical examination of the young person comparable to a comprehensive HealthCheck screening, that has taken place within one year before admission, and from a licensed dentist the results of a dental examination of the young person that was done within one year before admission.

2. Arrange for a health examination of the new resident to take place within 2 working days after admission, and a dental examination to take place within 90 days after admission. The health examination shall cover the areas prescribed in a form provided by the department.

Note: Copies of the Department’s age-appropriate HealthCheck examination forms can be obtained from any local public health agency, from the Department’s website at http://dhs.wisconsin.gov/forms/FtoM.asp or by writing or telephoning any field office listed in Appendix D.

(b) Observation. An observation shall be made on each person at the time of admission to the center by a person capable of recognizing common signs of communicable disease or other evidence of ill health. If the person admitted shows overt signs of communicable disease or other evidence of ill health, the center shall make arrangements for immediate examination by a physician. If the person admitted has a risk of having a sexually transmitted disease because of recent sexual abuse history or sexual activity, the center shall immediately consult with a physician and follow whatever precautionary measures are recommended by the physician and shall make arrangements for examination by a physician to take place as soon as possible.

(9) Register. The center shall maintain a register of all residents. The register shall contain the date of admission and resident identifying information including name, birthdate, sex, the name and address of the placing person or agency and the name and address of a parent or guardian and legal custodian or, if the resident is 18 years of age or over, the name and address of the lawful placing authority and the name of the resident’s guardian, if applicable. If the resident is from another state, the register shall also identify the state.

History: Cr. Register, February, 2000, No. 530, eff. 9-1-00; corrections in (3) (d) 1., 2., (4) (a) and (b) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; EmR1414: r. and recr. (3) (d) (title), 1., am. (3) (d) 2. a., r. and recr. (3) (d) 2. c., am. (9), eff. 8-1-14; CR 14-054: r. and recr. (3) (d) (title), 1., am. (3) (d) 2. a., r. and recr. (3) (d) 2. c., am. (9) Register April 2015 No. 712, eff. 5-1-15; correction in (1) made under s. 13.92 (4) (b) 1., Stats., Register March 2018 No. 747; CR 21-107: am. (6), (7) (a) to (c), (8) (b) Register June 2022 No. 798, eff. 7-1-22.

DCF 52.22 Assessment and treatment planning and review.

(1) Timeliness. Within 30 days after resident center admission, center professional staff and, as necessary, outside consultants, shall conduct an initial assessment of the resident’s treatment and service needs and, based on that assessment, shall develop for the resident a written treatment plan. In developing the treatment plan, center staff shall, if possible, involve all of the following:

(a) The placing person or agency.

(b) Resident care worker staff who work with the resident.

(d)

1. If the resident is under age 18, the resident’s parents or guardian and legal custodian, if any, and other persons important to the resident.

2. If the resident is 18 years of age or over, other authorities or agencies involved in the resident’s placement; the resident’s guardian, if any; and, with the resident’s consent, other persons important to the resident.