DCF 52.23(4)(4) Additional provisions for residents from out-of-state. The center shall notify the department’s interstate compact office at the end of each month of all out-of-state resident discharges from the center for that month, who received each resident at discharge and the destination of the resident at discharge. DCF 52.23 NoteNote: Mail or fax written information of the above to: Department of Children and Families, Interstate Compact on Placement of Children, Division of Safety and Permanence, 201 W. Washington Avenue, P.O. Box 8916, Madison, WI 53708-8916. The fax number is (608) 422-7170 - attn. ICPC.
DCF 52.23 HistoryHistory: Cr. Register, February, 2000, No. 530, eff. 9-1-00; CR 21-107: am. (2) (c) Register June 2022 No. 798, eff. 7-1-22. DCF 52.31DCF 52.31 Resident rights and grievance procedure. DCF 52.31(1)(a)(a) Residents receiving services for a mental illness, alcohol or drug abuse or a developmental disability have the patient rights under s. 51.61, Stats., and ch. DHS 94 and shall have access to grievance resolution procedures that meet standards set out in subch. III of ch. DHS 94. Other residents receiving treatment services under this chapter who are not specifically identified as coming under s. 51.61, Stats., and ch. DHS 94 shall have rights that are comparable and access to grievance resolution procedures that are comparable. DCF 52.31(1)(b)(b) A resident’s rights under this section are subject to the rights, duties and responsibilities of the resident’s parent or guardian and legal custodian, if any. A resident’s rights are also subject to the terms and conditions of any court order or other lawful authority governing the conduct of the resident and subject to any limitations or denial of a right allowed under s. 51.61, Stats., ch. DHS 94 and this section. DCF 52.31(1)(c)(c) Center staff at the time of a resident’s admission or within 48 hours after admission shall give the resident, if able to understand, and the resident’s parents or guardian and legal custodian, if any, an explanation, both orally and in writing, of resident rights under s. 51.61, Stats., ch. DHS 94 and this section. DCF 52.31(2)(2) Compliance assurance. The center director shall ensure that all staff who work with residents are aware of the requirements of this section. The director shall also ensure that staff are aware of the requirements of s. 48.78 or 938.78, Stats., s. 51.30, Stats., and ch. DHS 92 on confidentiality and s. 51.61, Stats., and ch. DHS 94 on patient rights and the rights otherwise accorded under this section and the criminal and civil penalties for violating those statutes and rules. The rights and grievance procedures shall be posted in a conspicuous location in each living unit in the center. DCF 52.31 HistoryHistory: Cr. Register, February, 2000, No. 530, eff. 9-1-00; corrections made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635. DCF 52.41(1)(1) Program statement and operating plan. Each center shall have a written program statement describing center treatment purpose, philosophy, approach and methods used, and services available, as well as a written operating plan describing available treatment and services as specified under pars. (a) to (d). A center shall give a copy of the current center program statement and, upon request, the center operating plan, and all updates, to each resident’s placing person or agency and, if not the same, the resident’s parents or guardian and legal custodian, if any. A center’s operating plan shall describe all of the following: DCF 52.41(1)(a)(a) Treatment. Treatment program policies and procedures covering all of the following: DCF 52.41(1)(a)2.2. Qualifications of staff responsible for planning and carrying out treatment procedures. DCF 52.41(1)(a)3.3. The population served by age and sex and by type, such as developmentally disabled, emotionally disturbed, alcohol or drug abusing, transitioning to independence, juvenile delinquent or correctional aftercare, and the range or types of behaviors or conditions for which the center’s treatment procedures and techniques are appropriate. DCF 52.41(1)(a)4.4. Pre-screening procedures used for determining appropriateness of admission. DCF 52.41(1)(a)5.5. Procedures used to involve the resident and the resident’s parents or guardian and legal custodian, if any, in resident assessment and treatment planning including identification of the means used to foster positive relationships between the resident and the resident’s family or guardian that are supportive of the resident in reaching treatment plan and permanency plan goals. DCF 52.41(1)(a)6.6. How the center will implement and review specific provisions of the resident’s treatment plan, court order and permanency plan developed under s. 48.38, Stats., including how the center will coordinate efforts with the placing person or agency and other involved persons or agencies. DCF 52.41(1)(a)7.7. Methods used by the center for determining when treatment goals are achieved, or that treatment is ineffective or detrimental for a particular resident. DCF 52.41(1)(a)8.8. Resident conduct as governed by center behavior management and control procedures or measures including house rules covering policies on resident overnight visits outside the center and off-grounds privileges and any resident rights limitations under s. DCF 52.31 prohibiting such things as gang-related clothing or therapeutically contraindicated items. DCF 52.41(1)(a)9.9. A list of daily activities available to residents including educational and recreational activities. DCF 52.41(1)(a)10.10. Procedures which ensure clear communication between resident care workers on one shift and the resident care workers on the next shift regarding any significant incident involving a resident they supervise in common such as running away, an incident of abuse or neglect pursuant to s. 48.981, Stats., a behavior that injures the resident or others, an accident requiring medical attention, intentional property damage, any emergency safety intervention physical hold restraint or physically enforced separation as defined under s. DCF 52.42 (1) or any other incident of a serious nature. The procedures shall include documenting any incident involving a resident and the date and time it occurred in the resident’s case record and, if pertinent to resident treatment, in the resident’s treatment record progress notes. DCF 52.41(1)(b)(b) Educational program services. Educational program services that coordinate a resident’s educational programming with the school from which the resident came upon admission and the school which will receive the resident after center discharge and that cover all of the following: DCF 52.41(1)(b)1.1. Procedures for referring residents to public schools when not part of an on-grounds program. DCF 52.41(1)(b)2.2. Procedures for relating each resident’s treatment plan goals under s. DCF 52.22 (2) (b) to educational goals and services based on the resident’s needs. DCF 52.41(1)(b)3.3. Identification of all center staff, schools and agencies responsible for resident education. DCF 52.41(1)(b)4.4. Provision for either the center case work supervisor or a resident’s services case manager to coordinate efforts with persons responsible for the resident’s education. This shall include arranging, where possible, for educational personnel to participate in assessment of a new resident’s needs and development of the resident’s treatment plan under s. DCF 52.22 (2) and treatment plan implementation and review conferences under s. DCF 52.22 (3) (b). Center staff identified under subd. 3., shall ensure that a report of the resident’s educational assessment and progress is given to the school or persons responsible for the individual’s education following discharge from the center. DCF 52.41(1)(b)5.5. Procedures and timelines for assessing the educational progress of each resident. The procedures shall identify center staff involved in educational assessment, and how assessment information will be used in the review, implementation and revision of a particular resident’s treatment plan and educational services. DCF 52.41(1)(b)7.7. Compliance with applicable parts of ss. 115.77, 115.81 and 118.165, Stats., and cooperation with the Wisconsin department of public instruction in providing regular or exceptional educational services to residents. DCF 52.41(1)(c)(c) Health care services. Health care services provided to residents that include needed preventive, routine and emergency medical and dental care through all of the following: DCF 52.41(1)(c)1.1. Assessment on a regular basis of the general health and dental needs of each resident. DCF 52.41(1)(c)2.2. Education of residents by someone medically knowledgeable about the hazards of tobacco use, drugs and alcohol abuse and, where appropriate, about human sexuality, family planning materials and services, sexually transmitted diseases and how the human immunodeficiency virus (HIV) is transmitted. DCF 52.41(1)(c)3.3. Immunization of residents, unless otherwise directed in writing by a physician, according to ch. DHS 144. DCF 52.41(1)(c)4.4. Arrangement with a physician or a clinic employing a physician to serve as consultant for health care arranged by the center for residents. DCF 52.41(1)(c)5.5. Provision for psychological testing, psychiatric examination and treatment as necessary to meet a resident’s needs by having consultation and services available from a psychiatrist licensed as a physician under ch. 448, Stats., or a psychologist licensed under ch. 455, Stats. DCF 52.41(1)(c)6.6. Provision for at least 2 dental examinations and cleanings for each resident each year and for other dental examinations and services for residents, as needed, from a dentist licensed under ch. 447, Stats., or a clinic employing dentists licensed under ch. 447, Stats. DCF 52.41(1)(c)7.7. Availability of emergency medical services 24 hours a day, 7 days a week. DCF 52.41(1)(c)8.8. An explanation of any medical treatment that a resident will receive that is provided to the resident in language that is suitable to the resident’s age and developmental level. DCF 52.41(1)(c)9.9. Policies and procedures for hospitalizing a resident, for providing first aid to a resident and for administration of medications in accordance with s. DCF 52.46 (2). DCF 52.41(1)(c)10.10. Identification of the circumstances that constitute a medical emergency, and instructions to staff on action to take when suspecting the existence of a medical emergency. DCF 52.41(1)(c)12.12. Arrangements for the center’s health care consultant under subd. 4. to annually document and date a review of the adequacy of center health care service delivery including center procedures for administration, storage and disposal of medications as provided under s. DCF 52.46 (3). DCF 52.41(1)(d)(d) Reasonable and prudent parent standard. Policies and procedures on how the center complies with the requirements of the reasonable and prudent parent standard, including all of the following: DCF 52.41(1)(d)1.1. How the communication log under sub. (1m) will be used to inform different shifts of resident care workers and RPPS decision makers of reasonable and prudent parenting requests and decisions made for a resident under s. DCF 52.415 for activities that do not take place in the residential care center and are not supervised by a staff person. DCF 52.41(1)(d)3.3. How the center will ensure the presence on-site of at least one RPPS decision maker at all times. DCF 52.41(1)(d)4.4. A process for annually reviewing the parameters and requirements of the reasonable and prudent parent standard in conjunction with the center’s corresponding policies and procedures. DCF 52.41 NoteNote: DCF-F-5123-E, Reasonable and Prudent Parent Standard Review, is an optional form that a center 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 52.41(1m)(a)(a) A residential care center shall require each shift of resident care workers and RPPS decision makers to use a communication log to document and communicate with other resident care workers and RPPS decision makers about residents whom they supervise in common. The communication log shall include all of the following for each shift: DCF 52.41(1m)(a)3.3. Reasonable and prudent parenting requests and decisions made for residents under s. DCF 52.415 for activities that do not take place in the residential care center and are not supervised by a staff person. DCF 52.41(1m)(b)(b) A residential care center may designate units within the center and require resident care staff and RPPS decision makers to use a separate communication log in each unit. DCF 52.41(2)(a)(a) A center shall have a written daily program of general activities which meet the developmental needs of the residents. DCF 52.41(2)(b)(b) The program of activities shall provide each resident with experiences which encourage self-esteem and a positive self-image through: DCF 52.41(2)(b)2.2. Social interaction within the center and, if appropriate, the community. DCF 52.41(2)(b)5.5. Daily living activities, including but not limited to, grooming and hygiene, toileting and common household chores such as making beds, cooking and washing clothes. DCF 52.41(2)(b)6.6. Interpersonal relations with peers, family, friends, staff and where possible and as appropriate, members of the opposite sex. DCF 52.41(2)(b)7.7. Opportunity for paid work within the constraints of child labor laws, resident rights and the resident’s treatment plan. DCF 52.41(2)(c)(c) A center shall make maximum use of small groups to aid individual residents in preserving or attaining a sense of personal identity in daily living. The center shall: DCF 52.41(2)(c)1.1. Group residents according to age, developmental levels and social needs, with the ages of residents being primarily within a 4 year age range but not to exceed a 6 year age range. DCF 52.41(2)(c)2.2. Group residents under supervision of their own resident care worker and give a group opportunities to form and attain group self-identity in daily living and social activities. DCF 52.41(2)(d)4.4. Are able to move around by various methods and devices whenever possible. DCF 52.41(3)(a)(a) In this subsection, “supervision” means guidance of the behavior and activities of a resident by a staff member to ensure the safety and well-being of the resident. DCF 52.41(3)(b)(b) The staff-to-resident ratios for staff providing supervision of residents shall be as follows: DCF 52.41(3)(b)1.1. ‘1:8 during waking hours.’ A residential care center shall have at least one staff member awake and providing supervision for every 8 or fewer residents present in a program unit during waking hours. DCF 52.41(3)(b)2.2. ‘1:15 during sleeping hours.’ A residential care center shall have at least one staff member awake and providing supervision for every 15 or fewer residents present in the program unit during sleeping hours. Each staff member shall be within hearing or call of residents being supervised without reliance on the use of electronic monitoring devices. DCF 52.41(3)(b)3.3. ‘Congregate living area.’ A licensee shall ensure that a staff member provides sight and sound supervision at all times in each congregate living area of the center when residents are present. In this subdivision, “congregate living area” means any area in a center used for living or recreation except a bedroom, bathroom, or hallway. DCF 52.41(3)(c)(c) The staff-to-resident ratios in par. (b) are the minimal staffing requirements for resident care staff. The number of resident care staff providing supervision shall be increased as necessary to meet the needs of residents and to ensure their safety and welfare. DCF 52.41 NoteNote: Section DCF 52.55 (1) (b) 1. requires that staff can safely evacuate all residents from the center in one trip for fire safety.
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