Chapter DCF 52

DCF 52.22 History History: Cr. Register, February, 2000, No. 530, eff. 9-1-00; corrections in (2) (a) 5. and (b) 4. made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; EmR1414: emerg. renum. (1) (d) to (1) (d) 1., 2. and am., eff. 8-1-14; CR 14-054: renum. (1) (d) to (1) (d) 1., 2. and am. Register April 2015 No. 712, eff. 5-1-15; EmR1633: emerg. renum. (2) (a) to (2) (am) and am. (2) (am) (intro.), cr. (2) (ag), r. and recr. (3) (b), cr. (3) (bm), eff. 11-18-16; CR 16-051: renum. (2) (a) to (2) (am) and am. (2) (am) (intro.), cr. (2) (ag), r. and recr. (3) (b), cr. (3) (bm) Register July 2017 No. 739, eff. 8-1-17; CR 21-107: am. (2) (b) 1., 5. Register June 2022 No. 798, eff. 7-1-22.

DCF 52.23 DCF 52.23 Discharge and aftercare.

DCF 52.23(1) (1) Policies and procedures. A center shall have written policies and procedures which explain the process for discharge of a resident. Those policies and procedures shall ensure that center professional staff document and date in the resident’s treatment record all of the following:

DCF 52.23(1)(a) (a) That center professional staff have attempted involvement of the resident, if able to understand, and the resident’s parents or guardian and legal custodian, if any, and placing person or agency, if different, in developing the plan for aftercare.

DCF 52.23(1)(b) (b) That center professional staff have prepared in writing, at least 30 days before the planned discharge of the resident, an aftercare plan for the resident that includes all of the following:

DCF 52.23(1)(b)1. 1. Identification of persons and agencies participating in development of the aftercare plan.

DCF 52.23(1)(b)2. 2. Recommendations for continuing or additional services and identification of service providers.

DCF 52.23(1)(b)3. 3. The name, address and telephone number of the person or agency to receive the former resident upon discharge and the relationship, if any, of the former resident to that person or the head of that agency.

DCF 52.23(1)(c) (c) That center professional staff have provided copies of the aftercare plan to the resident, if able to understand, and the resident’s parents, guardian and legal custodian and placing person or agency if not the same.

DCF 52.23(2) (2) Preparation for discharge.

DCF 52.23(2)(a) (a) The center shall document in the resident’s treatment record efforts made by center staff to prepare the resident and the resident’s family for discharge including but not limited to, discussing with them their feelings about becoming a family unit again or, where applicable, efforts to help the resident and resident’s family adjust to a different placement or living arrangement.

DCF 52.23(2)(b) (b) Each resident who has not had a health examination within the periodicity schedule of the medical assistance HealthCheck program shall have a complete health examination before discharge.

DCF 52.23(2)(c) (c) The center shall ensure that at discharge a resident’s personal clothing and belongings go with the resident.

DCF 52.23(3) (3) Discharge summary. The center shall send to the placing person or agency within 30 days following the resident’s discharge a copy of the former resident’s discharge summary and place a copy in the former resident’s treatment record. The discharge summary shall include all of the following:

DCF 52.23(3)(a) (a) The date and reason for discharge.

DCF 52.23(3)(b) (b) A summary of services provided during care.

DCF 52.23(3)(c) (c) An assessment of goal achievement.

DCF 52.23(3)(d) (d) A description of remaining needs.

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 Note Note: 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 [phone] - attn. ICPC.

DCF 52.23 History History: 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.

subch. IV of ch. DCF 52 Subchapter IV — Resident Rights

DCF 52.31 DCF 52.31 Resident rights and grievance procedure.

DCF 52.31(1) (1) Applicability.

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 History History: 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.

subch. V of ch. DCF 52 Subchapter V — Program Operation

DCF 52.41 DCF 52.41 Center program.

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)1. 1. Treatment purpose, philosophy and services.

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)(a)11. 11. Methods used by the center to evaluate its treatment program.

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)6. 6. Arrangements for provision of vocational training opportunities under s. 118.15 (1) (b), Stats.

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)11. 11. Compliance with ch. DHS 145 for the control and reporting of communicable diseases.

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)2. 2. How the information on the forms required under ch. DCF 37 will be incorporated into a new resident’s treatment plan, as required under s. DCF 52.22 (2) (ag).

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 Note Note: 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) (1m) Communication log.

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)1. 1. Each resident’s location, behavior, and program participation.

DCF 52.41(1m)(a)2. 2. Significant incidents involving a resident as provided in sub. (1) (a) 10. and the center’s corresponding policy.

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)(a)4. 4. Staff arrival and departure times.

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) (2) Program planning and scheduling.

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)1. 1. Leisure-time activities.

DCF 52.41(2)(b)2. 2. Social interaction within the center and, if appropriate, the community.

DCF 52.41(2)(b)3. 3. Self-expression and communication.

DCF 52.41(2)(b)4. 4. Gross and fine motor development.

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: