DCF 52.555 HistoryHistory: EmR1106: emerg. cr., eff. 9-16-11; CR 11-026: cr. Register December 2011 No. 672, eff. 1-1-12. DCF 52.56DCF 52.56 General safety and sanitation. DCF 52.56(1)(1) Private well water supply. Use of a private well for the center’s water supply is subject to approval by the Wisconsin department of natural resources as required by s. DHS 190.05 (2). Testing of water samples shall be done annually by the state laboratory of hygiene or a laboratory approved under ch. ATCP 77. Water samples from an approved well shall be taken between April and October. Water sample tests shall show that the water is safe to drink and does not present a hazard to health. Water sample test results shall be on file and available for review by the department. DCF 52.56 NoteNote: Chapter DHS 190 has been repealed.
DCF 52.56(2)(a)(a) A center shall maintain all of its buildings, grounds, equipment and furnishings in a safe, orderly and proper state of repair and operation. Broken, run down, defective or inoperative furnishings and equipment shall be promptly repaired or replaced. DCF 52.56(2)(b)(b) The center’s heating system shall be maintained in a safe condition as determined through an annual inspection by a certified heating system specialist, installer or contractor. The center shall keep on file copies of annual heating system inspection and service reports. DCF 52.56(3)(3) Hazardous building materials. Buildings shall be lead-safe if lead-based paint is present, shall have any friable asbestos maintained in good condition and shall be free of urea formaldehyde insulation and any other harmful material which can pose a hazard. DCF 52.56(4)(4) Floors. The surface condition of all floors in a center shall be safe for resident use. DCF 52.56(5)(a)(a) Egress requirements. A center shall comply with chs. SPS 361 to 366, the Wisconsin Commercial Building Code and applicable local ordinances for number and location of exits, type of exits, exit passageways, and illumination of exits and exit signs. DCF 52.56(5)(b)(b) Time delayed door locks. Before a center installs time delayed door locks on exits, the center must first request and obtain department of safety and professional services and department approval. Before a center installs time delayed door locks on any interior doors, the center must also request and obtain department of safety and professional services and department approval. DCF 52.56(6)(6) Walks. Walks shall provide convenient all-weather access to buildings and shall be in a safe condition. Porches, elevated walkways and elevated play areas shall have barriers to prevent falls. DCF 52.56(7)(7) Rooms below grade. Habitable rooms with floors below grade level shall be in compliance with chs. SPS 361 to 366, the Wisconsin Commercial Building Code and applicable local ordinances. DCF 52.56(8)(8) Occupancy and garage separation. Residential buildings shall be separated from attached garages by a one-hour rated fire wall separation that either abuts a ceiling in the garage that will withstand fire for one hour or extends up to the underside of the garage roof. DCF 52.56(9)(9) Glass hazards. Areas of a building where the risk is high for residents either to run into windows or where impact on glass presents a risk or hazard shall have screening or safety glass resistant to shattering. Replacement glass in areas exposed to potential hazardous impact shall meet the standards in chs. SPS 361 to 366, the Wisconsin Commercial Building Code and applicable local ordinances. DCF 52.56(10)(a)(a) In this subsection, “psychiatric screening” means heavy mesh wire or translucent nonbreakable material placed over window openings to prevent egress. DCF 52.56(10)(b)(b) Psychiatric screening may be installed in areas where risk or hazard is greatest and in a way that preserves a reasonable living environment. Psychiatric screening installed in windows shall not hinder air exchange or the passage of light through the window. DCF 52.56(10)(c)(c) Before installing psychiatric screening, the center shall have department approval and shall obtain local fire department approval. DCF 52.56(11)(11) Protective measures. The center shall provide screens or guards for all steam radiators, electric fans, electrical heating units and hot surfaces such as pipes. Fire detectors and emergency lights which could be vandalized by residents shall be protected by wire cages or by other acceptable means. DCF 52.56(12)(12) Emergency power. Buildings housing 20 or more residents shall have emergency power as required in ch. SPS 316. DCF 52.56(13)(13) Sewage disposal. A center shall use a municipal sewage system if one is available. If use of an independent or private sewage system is necessary, the installation shall comply with ch. NR 110. DCF 52.56(15)(15) Power tools and equipment. Residents may not be permitted in areas where power tools or equipment are used, except when power tools are part of a supervised educational program or supervised work activity. DCF 52.56(16)(16) Dangerous materials. Poisons and other harmful substances shall be prominently and distinctly labeled. Poisons and other harmful substances shall be stored under lock and key and made inaccessible to residents. The center shall take special precautions when poisons and other harmful substances are in use to prevent contamination of food or harm to residents. DCF 52.56(17)(17) Sanitation. A center shall comply with sanitation standards under ch. DHS 190, except that a center having a kitchen serving 10 or fewer residents need not comply with s. DHS 190.09 (5) (d). DCF 52.56 NoteNote: Chapter DHS 190 has been repealed.
DCF 52.56(18)(18) Firearms. No firearms or ammunition may be on the center premises. Residents may not have in their possession personal knives or other implements, devices or substances that may threaten the safety of others. DCF 52.56(19)(19) Chemical weapons. No chemical weapon such as mace may be kept on the premises of the center. DCF 52.56(20)(20) Alcoholic beverages and controlled substances. No alcoholic beverages or nonprescribed controlled substance may be consumed or stored on the premises of the center. DCF 52.56(21)(a)(a) Each center shall have a written policy on staff use of tobacco on the center grounds. Smoking by center staff may only take place outside of licensed center buildings. DCF 52.56(22)(22) Emergency transportation. A center shall have an operable motor vehicle immediately accessible for use in an emergency. DCF 52.56(23)(23) Tornado preparedness. A center shall have a written plan for response to the threat of tornados. The plan shall be posted at a conspicuous location at the center. The center shall do all of the following: DCF 52.56(23)(a)(a) Orient new staff and residents upon their arrival to the center’s tornado preparedness plan. Each year the center shall practice implementation of the plan once in the spring and once in the fall. DCF 52.56(23)(b)(b) Inform all staff members of their duties in the event that a tornado hits. DCF 52.56(23)(c)(c) Keep a record in writing of the date and time of each tornado practice exercise. DCF 52.56(24)(a)(a) Camping facilities. A residential care center for children and youth that operates or uses camping facilities shall comply with requirements for recreational camps established under ch. ATCP 78, if applicable. DCF 52.56(24)(b)1.1. A center providing adventure-based experiences such as a ropes course, rock climbing, wilderness camping and hiking experiences to residents shall ensure that personnel leading and providing training to residents are trained and have experience for the type of adventure-based experience, and that equipment used in the experiences are properly installed, in good condition and in good working order. DCF 52.56(24)(b)2.2. Before a resident is permitted to participate in an adventure-based experience, the center shall ensure that the resident’s medical history does not prohibit participation in the type of activity planned. If there is a question about a resident’s ability to participate for medical reasons, the center shall not permit participation without the approval of the resident’s physician and the resident’s parent or guardian. DCF 52.56(24)(b)3.3. Staff-to-resident ratios shall be adequate to manage and supervise the experienced-based adventure based upon the number of residents and type of activity. DCF 52.56 HistoryHistory: Cr. Register, February, 2000, No. 530, eff. 9-1-00; correction in (7) made under s. 13.93 (2m) (b) 7., Stats., Register, June, 2001, No. 546; CR 04-040: am. (5) (a), (7) and (9) Register December 2004 No. 588, eff. 1-1-05; corrections in (1), (14), (17) and (24) (a) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; correction (5) (a), (b), (7), (9), (12), (14) made under s. 13.92 (4) (b) 6., 7., Stats., Register December 2011 No. 672, eff. 1-1-12; EmR1414: emerg. am. (24) (a), eff. 8-1-14; CR 14-054: am. (24) (a) Register April 2015 No. 712, eff. 5-1-15; correction in (14), (24) (a) made under s. 13.92 (4) (b) 7., Stats., Register January 2017 No. 733. DCF 52.57DCF 52.57 Exceptions and additional requirements for type 2 programs. DCF 52.57(1)(1) Applicability and authority to operate. A residential care center for children and youth designated by the Wisconsin department of corrections as a type 2 child caring institution may accept type 2 resident admissions only if approved by the department under the center’s license to operate a type 2 program. DCF 52.57(2)(a)(a) A residential care center for children and youth with a type 2 residential care center program shall comply with this chapter for youth who are admitted with type 2 status, except as otherwise provided under subs. (3) and (4), with type 2 provisions under ch. 938, Stats., and with any type 2-related policies and procedures and administrative rules that may be issued by the Wisconsin department of corrections. DCF 52.57(2)(b)(b) Violation of any type 2 related policy or procedure or administrative rule referenced in par. (a) constitutes a violation of this chapter. DCF 52.57(3)(b)(b) Type 2 temporary replacement into same center. For type 2 replacements into a type 2 residential care center for a temporary placement lasting 10 days or less, the center shall document in the resident’s record all of the following: DCF 52.57(3)(b)1.1. The name of the agency and person authorizing replacement along with the placement agreement outlining care arrangements, expectations and special conditions, if any, on the resident. DCF 52.57(3)(b)2.2. Reason or precipitating incident or incidents for replacement being imposed. DCF 52.57(3)(b)3.3. Behaviors which the resident has been advised will lead to a type I sanction placement. DCF 52.57(3)(b)4.4. Center-provided service efforts to treat reasons for the resident’s type 2 replacement. DCF 52.57(3)(b)5.5. Any notable incidents by the resident during the resident’s stay. DCF 52.57(3)(b)6.6. Summary assessment of resolution of the issues identified under subd. 4. at discharge. DCF 52.57(3)(c)(c) Type 2 temporary replacement into a different type 2 center. Type 2 replacement into a type 2 residential care center that is not the type 2 residential care center in which the resident was originally placed shall meet the requirements under sub. (2) as though the type 2 resident was a first time type 2 admission. The rule section exceptions under par. (a) do not apply under this paragraph. DCF 52.57(4)(a)(a) Readmission within 6 months. A type 2 residential care center shall comply with the provisions for short-term programs under s. DCF 52.58 for a type 2 readmission of a youth to the same residential care center from which the youth was discharged within the previous 6 months. DCF 52.57(4)(b)(b) Readmission 6 months or more after being discharged or readmission to a different type 2 center. A type 2 residential care center shall comply with sub. (2) when a type 2 readmission to the same residential care center occurs 6 months or more after the youth was discharged or when the youth is readmitted to a different type 2 residential care center. DCF 52.57 HistoryHistory: Cr. Register, February, 2000, No. 530, eff. 9-1-00; corrections in (3) (a) and (4) (a) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635. DCF 52.58DCF 52.58 Exceptions and additional requirements for short-term programs. DCF 52.58(1)(a)(a) A residential care center for children and youth may operate a short-term treatment program with approval of the department. This section applies to the operation of short-term treatment programs. A short-term treatment program shall comply with all provisions of this chapter except as provided in this section. DCF 52.58(1)(b)(b) The requirements of this section apply to short-term resident readmissions except that the assessment and treatment care plan for the resident under sub. (5) needs only be updated to reflect the resident’s current treatment and care needs. DCF 52.58(2)(a)(a) “Short-term resident admission” means a short-term resident whose stay at the center is expected to be 90 days or less or whose return to the center for another short-term stay readmission occurs 90 days or more from the resident’s discharge from that center or who is placed into a different center for short-term care readmission. DCF 52.58(2)(b)(b) “Short-term resident readmission” means a short-term resident whose readmission to the center for another short-term stay occurs less than 90 days after a previous discharge from that center and whose stay at the center may be of varying periodic episodes within a 90-day period. DCF 52.58(2)(c)(c) “Short-term treatment program” means a program of temporary residential care and treatment service delivery to a resident whose placement is transitional for purposes of assessment, treatment, and planning for placement back into the community. “Short-term treatment program” does not include a respite care service program under s. DCF 52.59 or a crisis stabilization program certified under ch. DHS 34. DCF 52.58(3)(3) Program statement. In place of the requirements for a program statement and operating plan under s. DCF 52.41 (1) (intro.), (a) and (b), a center that operates a short-term treatment program shall have a treatment program statement that includes all of the following: DCF 52.58(3)(a)(a) A narrative covering treatment purpose, philosophy, approach and methods for short-term transitional placement into the community. DCF 52.58(3)(b)(b) Identification of short-term treatment program professional service providers and consultants involved in short-term transitional placement efforts that are center or community based. DCF 52.58(3)(c)(c) Identification of any coordinating service and placement agencies. DCF 52.58(3)(d)(d) A description of the extent to which the center’s short-term program is compatible with or will operate separately, including in residential living arrangements, from the center’s non-short-term residential program. If it will be operated separately, identification of the building or area in which the short-term program will be operated. DCF 52.58(3)(e)(e) A description of arrangements for continuing education of short-term residents. DCF 52.58(3)(f)(f) A description of health care arrangements for short-term residents, including the process for securing medical authorizations for general and emergency medical care including surgery. DCF 52.58(3)(g)(g) A description of recreational activities and programming available for short-term residents. DCF 52.58(4)(a)(a) Obtaining authorizations. For a short-term resident, the center as part of written admissions procedures shall obtain authorization from the parent or guardian of a resident for the center to do all of the following: DCF 52.58(4)(a)1.1. Provide or arrange for routine medical services and procedures, including dental services and non-prescription and prescription medications. DCF 52.58(4)(a)2.2. Obtain from a health care authority the 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. DCF 52.58(4)(a)4.4. Obtain written authorization to provide or order, when necessary, emergency medical procedures including surgery, when there is a life-threatening situation and it is not possible to immediately reach the parent or guardian authorized to give signed written specific informed consent.
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