Chapter DCF 54

DCF 54.02(3)(e)9. 9. Upon the request of the department, a copy of the current staff development and in-service training plan.

DCF 54.02(3)(em) (em) Within 60 days after receiving a complete application for a child-placing agency license, the department shall either approve the application and issue a license or deny the application. If the application for a license is denied, the department shall give the applicant reasons, in writing, for the denial.

DCF 54.02(3)(er) (er) Pursuant to s. 48.60, Stats., before the department may issue or continue a license under par. (em), the department shall review the need for additional placement resources that would be made available by licensing or continuing the license of any child welfare agency after August 5, 1973, providing care under s. 48.61 (3), Stats. If the department’s review fails to indicate the need for additional placement resources neither the department nor the department of corrections may make any placements to any child welfare agency.

DCF 54.02(3)(f) (f) A written amendment to the license shall be secured from the department by the board of directors prior to any changes in the conditions of the current license.

DCF 54.02(3)(g) (g) When a license is granted, the board shall display the certificate of license in a prominent place in the agency.

DCF 54.02(3m) (3m) License denial or revocation.

DCF 54.02(3m)(a) (a) Grounds. The department may deny, revoke or suspend a license, initiate other enforcement actions specified in this chapter or in ch. 48, Stats., or place conditions on a license if the applicant or licensee, a proposed or current employee, a volunteer or any other person having regular contact with the children, has or has been any of the following:

DCF 54.02(3m)(a)1. 1. The subject of a pending criminal charge for an action that substantially relates to the care of children or activities of the center.

DCF 54.02(3m)(a)2. 2. Convicted of a felony, misdemeanor or other offense that substantially relates to the care of children or activities of the center.

DCF 54.02(3m)(a)3. 3. Determined to have abused or neglected a child pursuant to s. 48.981, Stats., or has been determined to have committed an offense which substantially relates to the care of children or the activities of the center.

DCF 54.02(3m)(a)4. 4. The subject of a substantiated finding of misconduct in the department’s nurse aide registry under s. DHS 129.10.

DCF 54.02(3m)(a)5. 5. The subject of a court finding that the person has abandoned his or her child, or has inflicted physical abuse or neglect on the child.

DCF 54.02(3m)(a)6. 6. Had a child welfare agency, group home or shelter care facility license revoked or denied within the last 5 years.

DCF 54.02(3m)(a)7. 7. Violated any provision of this chapter or ch. 48, Stats., or fails to meet the minimum requirements of this chapter.

DCF 54.02(3m)(a)8. 8. Made false statements or withheld information.

DCF 54.02(3m)(a)9. 9. Failed to comply with the requirements in s. DCF 54.09 (1) and (3).

DCF 54.02(3m)(b) (b) Appeals.

DCF 54.02(3m)(b)1. 1. Any person aggrieved by the department’s decision to deny a license or to revoke a license may request a hearing on the decision under s. 227.44, Stats.

DCF 54.02(3m)(b)2. 2. The request for a hearing shall be in writing and shall be filed with the department of administration’s division of hearings and appeals within 10 days after the date on the notice of the department’s refusal or failure to issue, renew, or continue a license or the department’s action taken under s. 48.715, Stats.

DCF 54.02 Note Note: A request for a hearing may be mailed to Division of Hearings and Appeals, P.O. Box 7875, Madison, WI 53707-7875 or faxed to [phone]. A copy of the request should be sent to the appropriate field office listed in Appendix A.

DCF 54.02(4) (4) Financing.

DCF 54.02(4)(a) (a) The board, with the executive, shall be responsible for the safety and judicious use of the funds of the agency. Policies and practices shall be in accord with sound budgeting, disbursement and audit control procedures.

DCF 54.02(4)(b) (b) Each agency shall:

DCF 54.02(4)(b)1. 1. Have sufficient funds assured to carry a new agency through its first year of operation and be able to furnish evidence to that effect.

DCF 54.02(4)(b)2. 2. Have a sound plan of financing to assure sufficient funds to enable it to carry out its defined purposes and to provide proper care for children, as required by the administrative rules relating to licensing child placing agencies.

DCF 54.02(4)(b)3. 3. Provide for annual audit of all accounts by a certified public accountant who is not in the employ of the agency nor a member of the board.

DCF 54.02(4)(b)4. 4. On request, provide the department with financial records or financial statements.

DCF 54.02(4)(c) (c) The financial operation of the agency shall be on the basis of an annual budget approved by the board. This budget shall reflect anticipated expenditures and sources of income.

DCF 54.02 History History: Cr. Register, August, 1957, No. 20, eff. 9-1-57; r. and recr. Register, September, 1970, No. 177, eff. 4-1-71; renum. from PW-CY 40.41, Register, September, 1982, No. 321, eff. 10-1-82; cr. (3) (em), Register, October, 1985, No. 358, eff. 11-1-85; emerg. cr. (5), eff. 9-5-92; CR 04-040: cr. (3) (er) and (3m) Register December 2004 No. 588, eff. 1-1-05; correction in (3m) (d) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; EmR1106: emerg. cr. (3) (c) 7., eff. 9-16-11; CR 11-026: cr. (3) (c) 7., (3m) (i) Register December 2011 No. 672, eff. 1-1-12; correction in (3m) (i) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672; 2015 Wis. Act 132: am. (3) (d) 1. Register February 2016 No. 722, eff. 3-1-16; EmR1633: emerg. renum. (3m) to (3m) (a), cr. (3m) (a) (title), (b), eff. 11-18-16; CR 16-051: renum. (3m) to (3m) (a), cr. (3m) (a) (title), (b) Register July 2017 No. 739, eff. 8-1-17.

DCF 54.03 DCF 54.03 Personnel administration.

DCF 54.03(1) (1) Personnel policies. Each agency shall have a written statement of personnel practices adopted by the board. The board shall review personnel practices at least every 2 years.

DCF 54.03(1)(a) (a) The following items shall be included in personnel practices and shall be submitted to the department for approval with the original application:

DCF 54.03(1)(a)1. 1. Job specifications for all positions of 6 months or longer duration in the agency.

DCF 54.03(1)(a)2. 2. Staff pattern. There shall be a staff sufficient in number and qualifications for the scope of the agency’s services.

DCF 54.03(1)(b) (b) There shall be written policy statements available to all employees and made known to each employee at the time of employment including:

DCF 54.03(1)(b)1. 1. The method of wage adjustments.

DCF 54.03(1)(b)2. 2. Retirement program.

DCF 54.03(1)(b)3. 3. Health and other insurance programs.

DCF 54.03(1)(b)4. 4. Vacation, sick leave, holidays and leaves of absence.

DCF 54.03(1)(b)5. 5. Probationary status.

DCF 54.03(1)(b)6. 6. Termination procedures.

DCF 54.03(1)(b)7. 7. Agency chain of command.

DCF 54.03(1)(b)8. 8. Grievance procedures.

DCF 54.03(1)(b)9. 9. Employment outside the agency.

DCF 54.03(1)(b)10. 10. For the specific job classification for which application is being made:

DCF 54.03(1)(b)10.a. a. Compensation.

DCF 54.03(1)(b)10.b. b. Hours of work.

DCF 54.03(1)(b)10.c. c. Job specifications.

DCF 54.03(1)(b)10.d. d. Performance evaluations.

DCF 54.03(1m) (1m) Personnel record. A personnel record shall be maintained for each staff member and be available to authorized licensing staff. The record shall include:

DCF 54.03(1m)(a) (a) Employment application showing qualifications and experience.

DCF 54.03(1m)(b) (b) Statements from previous employers or personal references.

DCF 54.03(1m)(c) (c) Dates of employment.

DCF 54.03(1m)(d) (d) Reports of job performance, if any.

DCF 54.03(1m)(e) (e) Medical reports, if pertinent.

DCF 54.03(1m)(f) (f) When the employee terminates employment, the dates and the reasons for separation.

DCF 54.03(2) (2) Personnel.

DCF 54.03(2)(a) (a) General qualifications.

DCF 54.03(2)(a)1. 1. All employees shall have the ability and emotional stability to carry out their assigned duties.

DCF 54.03(2)(a)2. 2. Character references from at least 2 people and references from previous employers within the last 5 years must be obtained for prospective employees.

DCF 54.03(2)(a)3. 3. References may be documented either by letter or verifications in the record of verbal contact giving dates, person making the contact and persons contacted and the contact content.

DCF 54.03(2)(a)4. 4. The agency shall review and investigate application information carefully to determine whether employment of the individual is in the best interests of children under its care.

DCF 54.03(2)(b) (b) Administrative staff.

DCF 54.03(2)(b)1. 1. An executive or administrator shall be employed who shall:

DCF 54.03(2)(b)1.a. a. Possess a knowledge of child welfare services and a demonstrated actual or potential administrative skill and leadership.

DCF 54.03(2)(b)1.b. b. Be a graduate of a college or university with a minimum of 15 graduate credits in the social sciences.

DCF 54.03(2)(b)1.c. c. Have at least 2 years experience in an administrative or supervisory capacity.

DCF 54.03(2)(b)2. 2. The executive’s duties in administering the agency shall include:

DCF 54.03(2)(b)2.a. a. Responsibility to the board for satisfactory management.

DCF 54.03(2)(b)2.b. b. Keeping the board informed of the program of the agency.

DCF 54.03(2)(b)2.c. c. Interpreting and implementing recognized standards of child welfare.

DCF 54.03(2)(b)2.d. d. Preparing and presenting the annual budget for discussion and approval.

DCF 54.03(2)(b)2.e. e. Responsibility for the operation of the program of child welfare in employment, supervision and discharge of staff.

DCF 54.03(2)(b)3. 3. If the executive also functions as casework supervisor he shall meet the additional requirements for that classification.

DCF 54.03(2)(b)4. 4. There shall be a qualified staff person to whom authority is delegated in the absence of the executive.

DCF 54.03(2)(c) (c) Social service staff.

DCF 54.03(2)(c)1. 1. If a director of social services is employed, he shall have a master’s degree from an accredited school of social work and a minimum of 2 years of post master’s degree social work experience in a supervisory capacity supplemented by or including experience in family or child welfare.

DCF 54.03(2)(c)2. 2. A casework supervisor shall have a master’s degree in social work, or its equivalent and have a minimum of 2 years of supervised experience in family or child welfare.

DCF 54.03(2)(c)3. 3. An advanced social worker shall meet one of the following:

DCF 54.03(2)(c)3.a. a. A master’s degree in social work, or

DCF 54.03(2)(c)3.b. b. One year of graduate work in an accredited graduate school of social work or its equivalent and at least 2 years supervised experience in family or child welfare, or

DCF 54.03(2)(c)3.c. c. College graduation and at least 3 years of supervised experience in family and child welfare with 12 graduate credits in social work plus approved in-service training.

DCF 54.03(2)(c)3m. 3m. At least 50% of the social worker staff shall be in the advanced social work category.

DCF 54.03(2)(c)4. 4. College graduates may be employed who do not have the foregoing training and experience. They shall have a minimum of 15 hours in the social sciences and within 2 years of employment have completed an approved in-service training program.

DCF 54.03(2)(c)5. 5. Persons who do not have qualifications for social worker but who have an interest in working with people may assist the social services staff. Employees in this classification shall have professional social worker supervision. They shall not assume the full responsibilities and duties normally assigned to a social worker.

DCF 54.03(2)(d) (d) Consultant services. The agency shall provide consultant services as required to meet the needs of the children. Consultants shall meet the standards of their professional groups.

DCF 54.03(2)(e) (e) Volunteers. If volunteers are used, the agency shall assign an appropriate staff member to evaluate and supervise them and to develop a plan for their orientation, training and use.

DCF 54.03(3) (3) Staff development and in-service training.

DCF 54.03(3)(a) (a) The agency shall have within one year of original licensure, written material concerning the process and content of orientation, staff development and in-service training programs for agency employees.