Chapter DCF 54

DCF 54.04(2)(c)4. 4. All medical reports, i.e., physical examinations, tests and recommendations shall be in writing and filed with the agency.

DCF 54.04(2)(d) (d) Medical examinations. Each agency shall provide for each child annually a health examination covering the areas included on a department-prescribed form.

DCF 54.04 Note Note: A health examination form may be obtained by writing or telephoning any field office listed in Appendix A.

DCF 54.04(2)(e) (e) Medical care.

DCF 54.04(2)(e)1. 1. Each agency shall have a plan and make provisions for prompt treatment in illnesses and for carrying out corrective measures and treatment of remedial defects or deformities.

DCF 54.04(2)(e)2. 2. Procedures for hospitalization shall be established.

DCF 54.04(2)(f) (f) Dental care.

DCF 54.04(2)(f)1. 1. Each agency shall provide for regular dental examinations and treatment including necessary prophylaxis, repairs and extractions.

DCF 54.04(2)(f)2. 2. Each child over 3 shall have a thorough dental examination as soon as practical after acceptance for care and at intervals thereafter not exceeding 6 months after the last examination or completion of treatment.

DCF 54.04(2)(g) (g) Eye care. Children who are in need of glasses shall have refractions at a minimum of once every 2 years and shall be supplied with glasses as required.

DCF 54.04(2)(h) (h) Special care. Foster parents shall be informed of the expected precautions to be taken in the care of sick children and in the handling of medicines and prescriptions.

DCF 54.04(2)(i) (i) Medical records. A health record shall be maintained for each child covering the following health history:

DCF 54.04(2)(i)1. 1. Pre-natal and birth history.

DCF 54.04(2)(i)2. 2. Developmental history.

DCF 54.04(2)(i)3. 3. Previous illness, injuries and surgery.

DCF 54.04(2)(i)4. 4. Immunizations and tests.

DCF 54.04(2)(i)5. 5. Social, emotional and environmental history of the child.

DCF 54.04(2)(i)6. 6. Height and weight record.

DCF 54.04(2)(i)7. 7. Health history of the child’s family including mental, or emotional problems.

DCF 54.04(2)(j) (j) Clothing. The agency shall furnish each child with clothing which is individually selected and fitted, appropriate to the season and comparable to that of other children in the community.

DCF 54.04(2)(k) (k) The licensee shall be knowledgeable of and ensure that staff members and volunteers observe the patient rights and grievance resolution procedures in s. 51.61, Stats., and ch. DHS 94, for each resident that receives services for treatment of mental illness, a developmental disability, alcoholism or drug dependency. Residents that are not specifically identified as coming under s. 51.61, Stats., and ch. DHS 94 shall have rights and access to grievance resolution procedures that are comparable to those found in s. 51.61, Stats., and ch. DHS 94.

DCF 54.04 History History: Cr. Register, August, 1957, No. 20, eff. 9-1-57; r. and recr. Register, September, 1970, No. 177, eff. 4-1-71; am. (2) (c) 1. b., Register, December, 1972, No. 204, eff. 1-1-73; renum. from PW-CY 40.43 and am. (1) (f) 1., (g) (intro.) and 2. and (2) (b) 2., Register, September, 1982, No. 321, eff. 10-1-82; cr. (1) (g) 12., Register, January, 1984, No. 337, eff. 2-1-84; cr. (1) (g) 13., Register, October, 1984, No. 346, eff. 11-1-84; correction in (1) (g) 9. made under s. 13.93 (2m) (b) 5., Stats., Register, June, 1986, No. 366; emerg. am. (1) (b) 1. eff. 9-5-92 and am. (1) (g) 7. eff. 11-1-92; am. (1) (b) 1. and (g) 7., Register, May, 1993, No. 449, eff. 6-1-93; CR 04-040: cr. (2) (k) Register December 2004 No. 588, eff. 1-1-05; corrections in (1) (f) 1., (g) 2., 13. and (2) (k) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; EmR1106: emerg. am. (1) (a), eff. 9-16-11; CR 11-026: am. (1) (a) Register December 2011 No. 672, eff. 1-1-12; EmR1633: emerg. cr. (1) (h), eff. 11-18-16; CR 16-051: cr. (1) (h) Register July 2017 No. 739, eff. 8-1-17.

DCF 54.05 DCF 54.05 Indian children.

DCF 54.05(1) (1) Determination that a child is or may be an Indian child. If an agency has obtained information at intake or through other means that the child or at least one of the child’s biological parents is or may be of American Indian descent, the child’s case manager shall:

DCF 54.05(1)(a) (a) Carry out and document in the child’s case record diligent efforts, including but not limited to contacting the potential tribe or tribes’ membership or enrollment offices and child welfare offices, and the U.S. department of interior’s bureau of Indian affairs where contacts with individual tribes do not document the child’s Indian descent, to verify that the child is an Indian child and to identify the child’s Indian tribe;

DCF 54.05(1)(b) (b) Inform the court of a determination that the child is an Indian child and of the factual basis for that determination and document and date in the child’s case record that determination; and

DCF 54.05(1)(c) (c) Comply with 25 USC 1912 (a).

DCF 54.05(2) (2) Compliance with Indian child welfare act. If the agency determines under sub. (1) that a child is an Indian child, the agency shall comply with all provisions of the Indian Child Welfare Act, 25 USC 1901 to 1963, and s. 48.028, Stats.

DCF 54.05(3) (3) Services for Indian child and family.

DCF 54.05(3)(a) (a) Before providing services to an Indian child and the Indian child’s family, the agency shall inform the child’s tribe, if known, and ask for the tribe’s participation in efforts to provide services to the Indian child and the Indian child’s family. The child’s case manager shall document and date in the child’s case record agency efforts to inform the tribe and seek its participation.

DCF 54.05(3)(b) (b) The Indian child’s case manager shall undertake active efforts to prevent breakup of the child’s family by providing remedial services and rehabilitative programs to the Indian child and the child’s family in accordance with 25 USC 1912 (d). The child’s case manager shall document and date those efforts in the child’s case record.

DCF 54.05(4) (4) Termination of parental rights. An agency seeking the termination of parental rights to an Indian child shall notify the parents and tribe in accordance with 25 USC 1912 (a) of their rights of intervention and shall provide the court of jurisdiction with information on agency efforts described under sub. (3). The information shall include the reasons why those efforts proved unsuccessful. The agency shall record in the Indian child’s case record the date the information was given to the court.

DCF 54.05(5) (5) Placement of an Indian child.

DCF 54.05(5)(a) (a) Adoptive placement.

DCF 54.05(5)(a)1. 1. For the adoptive placement of an Indian child, 25 USC 1915 (a) requires that preference be given, in the absence of good cause to the contrary, to placement with, in order of priority, a member of the Indian child’s extended family, another member of the Indian child’s tribe or another Indian family. The Indian child’s case manager shall investigate the availability of a placement in the order of priority indicated.

DCF 54.05(5)(a)2. 2. After completing the adoption of the Indian child, the child’s case manager shall request in writing that the court that ordered the adoption notify the secretary of the U.S. department of the interior of the following enrollment information:

DCF 54.05(5)(a)2.a. a. The name and tribal affiliation of the Indian child;

DCF 54.05(5)(a)2.b. b. The name and address of the adoptive parents; and

DCF 54.05(5)(a)2.c. c. The name and address of any agency having files or information on the child’s adoptive placement.

DCF 54.05(5)(a)3. 3. The Indian child’s case manager shall file a copy of the written request under subd. 2. in the child’s case record.

DCF 54.05(5)(b) (b) Foster care or preadoptive placement.

DCF 54.05(5)(b)1. 1. For foster care or preadoptive placement of an Indian child, 25 USC 1915 (b) requires that the child be placed in the least restrictive setting which most approximates a family and in which any special needs of the child may be met, within reasonable proximity to the child’s home. Preference is to be given, in the absence of good cause to the contrary, to placement, in order of priority:

DCF 54.05(5)(b)1.a. a. With a member of the Indian child’s extended family;

DCF 54.05(5)(b)1.b. b. In a foster home licensed, approved or specified by the Indian child’s tribe;

DCF 54.05(5)(b)1.c. c. In an Indian foster home licensed by the department, a county social services or human services department or a child-placing agency; or

DCF 54.05(5)(b)1.d. d. In an institution for children approved by an Indian tribe or operated by an Indian organization which has a program suitable to meet the Indian child’s needs.

DCF 54.05(5)(b)2. 2. For foster care or preadoptive placement of an Indian child, except for an emergency placement under 25 USC 1922, the child’s case manager shall investigate to determine the availability of a placement under subd. 1. in the order of priority indicated. The Indian child’s case manager shall document in the child’s case record the investigative efforts and results, as well as any emergency placement and the reason for it.

DCF 54.05(5)(b)3. 3. An agency seeking to place an Indian child in foster care shall notify the parents and tribe in accordance with 25 USC 1912 (a) of their right of intervention and shall provide the court of jurisdiction with information on agency efforts described under sub. (3). The information shall include the reasons why those efforts proved unsuccessful. The agency shall record in the Indian child’s case record the date the information was given to the court.

DCF 54.05(5)(c) (c) Preference of tribe, child or parent. In the case of a placement under par. (a) or (b), if the Indian child’s tribe establishes a different order of preference by resolution, the agency shall follow that order so long as the placement is the least restrictive setting appropriate to the particular needs of the child as provided in par. (b). Where appropriate, the preference of the Indian child or the child’s parent shall be considered provided that where a consenting parent evidences a desire for anonymity, the agency shall give weight to that desire in applying the preference.

DCF 54.05(5)(d) (d) Informing the court. Prior to the court ordering termination of parental rights, foster care placement, adoptive placement or adoption of an Indian child, the agency shall inform the court in writing of agency investigative efforts and results to determine the availability of a placement in order of priority under par. (a) or (b) including when there is an emergency placement or when a different order of preference is expressed under par. (c).

DCF 54.05(5)(e) (e) Record of placement. When an agency places an Indian child under par. (a) or (b), the agency shall forward a record of the placement to the department. The record shall provide evidence of efforts to comply with the order of preference under par. (a) 1. or (b) 1., as appropriate. The department, pursuant to 25 USC 1915 (e), shall maintain the record and shall make it available at any time upon request of the secretary of the U.S. department of the interior or of the Indian child’s tribe.

DCF 54.05 Note Note: Send records of placement to the Bureau of Permanence and Out-of-Home Care, Division of Safety and Permanence, P.O. Box 8916, Madison, WI 53708-8916.

DCF 54.05(6) (6) Sanctions for not complying with the Indian child welfare act. A child-placing agency which fails to follow the provisions of the Indian Child Welfare Act (ICWA), 25 USC 1901 to 1963, concerning child custody proceedings involving an Indian child shall be subject to the following department sanctions:

DCF 54.05(6)(a) (a) If the child-placing agency knowingly and intentionally disregards a requirement of the ICWA, the department shall by letter of notification order the child-placing agency to stop accepting for service all Indian children referred for service to the agency. The agency shall ensure that no child accepted for service is an Indian child;

DCF 54.05(6)(b) (b) If the child-placing agency knowingly and intentionally disregards the department’s letter of notification under par. (a), the department shall revoke or not renew, as appropriate, the child-placing agency’s license;

DCF 54.05(6)(c) (c) If the child-placing agency is informed or discovers that it has unknowingly or negligently violated a requirement of the ICWA, the child-placing agency shall do the following:

DCF 54.05(6)(c)1. 1. Notify the court and the department upon being informed of or discovery of the violation of the ICWA;

DCF 54.05(6)(c)2. 2. Notify the parent Indian custodian, tribe and child upon being informed of or discovery of the violation of the ICWA; and

DCF 54.05(6)(c)3. 3. Cooperate with all parties in promptly correcting any inappropriate placements; and

DCF 54.05(6)(d) (d) If the child-placing agency under par. (c) does not comply with par. (c) 1. to 3., the child-placing agency shall be subject to the sanctions under pars. (a) and (b).

DCF 54.05 History History: Emerg. cr. eff. 11-1-92; cr. Register, May, 1993, No. 449, eff. 6-1-93.

DCF 54.06 DCF 54.06 Records, inspections, and reports.

DCF 54.06(1) (1) General requirements. Each agency shall maintain records and submit reports prescribed by the department. Authorized representatives of the department shall have access to all records pertinent to licensing and to specific adoption searches and disclosure of the adoption search information.

DCF 54.06(2) (2) Records.

DCF 54.06(2)(a) (a) Each agency shall maintain:

DCF 54.06(2)(a)1. 1. A permanent register with identifying information of all children accepted for service or placement.

DCF 54.06(2)(a)2. 2. Individual case records for each child served and his family.

DCF 54.06(2)(a)2.a. a. These records shall contain vital statistics information for the child, his parents and siblings, source of referral, date of acceptance and terms.

DCF 54.06(2)(a)2.b. b. The original social study and investigation.

DCF 54.06(2)(a)2.c. c. Legal documents pertinent to legal custody and guardianship such as birth records and court reports.

DCF 54.06(2)(a)2.d. d. Written agreements with parents, guardians or legal custodians. (The consent and authorization for necessary medical or surgical care may be kept separate in the health record.)

DCF 54.06(2)(a)2.e. e. School reports.

DCF 54.06(2)(a)2.f. f. Recording of progress of casework and/or treatment plan with child and family.

DCF 54.06(2)(a)3. 3. Individual foster home records for each foster home used by the agency which include signed applications and agreements.

DCF 54.06(2)(a)4. 4. Individual records of studied adoptive applicants.

DCF 54.06(2)(a)5. 5. Personnel records.

DCF 54.06(2)(a)6. 6. Financial reports and audits.

DCF 54.06(2)(b) (b) All records shall be kept in a safe place protected from fire damage, theft and unauthorized scrutiny.

DCF 54.06(2)(c) (c) All adoption records shall be maintained in a separate file and in a manner that ensures confidentiality.

DCF 54.06(2)(c)1. 1. The agency shall establish written procedures governing access to the files.

DCF 54.06(2)(c)2. 2. The agency shall establish written procedures which ensure that information is released only in accordance with ss. 48.432, 48.433 and 48.93, Stats., and ch. DCF 53.

DCF 54.06(3) (3) Reports.

DCF 54.06(3)(a) (a) Each agency shall submit statistical reports as required by the department under s. 48.66 (3), Stats.

DCF 54.06(3)(b) (b) Each agency shall make a report to the department within 48 hours after the occurrence of an unusual incident such as a major fire which is defined as one which requires the services of a fire department, or the death or serious injury of a child, a serious injury being defined as one which requires the hospitalization of the child.

DCF 54.06(4) (4) Inspection of premises. The department may visit and inspect a child-placing agency and shall be given unrestricted access to the premises. During this inspection, a licensee shall provide all of the following:

DCF 54.06(4)(a) (a) Any documentation of child-placing agency operations requested by the department.

DCF 54.06(4)(b) (b) Any agency records on a child or a foster home requested by the department.

DCF 54.06(5) (5) Documentation of staffing. A licensee shall maintain and retain staff payroll records for 5 years.

DCF 54.06(6) (6) Requests for information. A licensee shall promptly respond to requests for information from the department or any other governmental agency with statutory authority to see the information.