Chapter DCF 54

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.

DCF 54.06(7) (7) Current and accurate. A licensee shall ensure that information that the licensee submits to or shares with the department or any other governmental agency is current and accurate.

DCF 54.06(8) (8) Financial records and audits.

DCF 54.06(8)(a) (a) A licensee shall arrange for an annual audit report by a certified public accountant in accordance with department guidelines.

DCF 54.06 Note Note: For further information, contact the Department of Children and Families, Bureau of Finance, 201 W. Washington Avenue, P.O. Box 8916, Madison WI 53708-8916 or 608-422-7000.

DCF 54.06(8)(b) (b) A licensee shall establish and maintain an accounting system that enables a child-placing agency to accurately report income and disbursements by the cost categories in the cost and service report in s. DCF 54.09 (1) (a).

DCF 54.06(8)(c) (c) A licensee shall be responsible for the secure and judicious use of the funds of the child-placing agency. Policies and practices shall be in accord with sound budgeting, disbursement, and audit control procedures.

DCF 54.06(8)(d) (d) A licensee shall maintain a system of business management and staffing to ensure complete and accurate accounts, books, and records are maintained.

DCF 54.06(8)(e) (e) Upon request, a licensee shall provide the department with financial information about the child-placing agency.

DCF 54.06 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 40.44, Register, September, 1982, No. 321, eff. 10-1-82; am. (1) and cr. (2) (c), Register, October, 1984, No. 346, eff. 11-1-84; emerg. renum. from HSS 54.05, eff. 11-1-92; renum. from HSS 54.05, Register, May, 1993, No. 449, eff. 6-1-93; correction in (2) (c) 2. made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; EmR1106: emerg. am. (title), cr. (4) to (8), eff. 9-16-11; CR 11-026: am. (title), cr. (4) to (8), correction in (5) made under s. 13.92 (4) (b) 1., Stats., Register December 2011 No. 672, eff. 1-1-12.

DCF 54.065 DCF 54.065 Department memos. A licensee shall register to receive department memos on child welfare licensing and child welfare policy by electronic mail. A licensee shall submit a new registration if the licensee’s electronic mail address changes.

DCF 54.065 Note Note: Sign up for Child Welfare Licensing Memos at https://dcf.wisconsin.gov/cwlicensing/signup. Sign up for Child Welfare Policy Memos at https://dcf.wisconsin.gov/cwportal/sign-up.

DCF 54.065 History History: EmR1106: emerg. cr., eff. 9-16-11; CR 11-026: cr. Register December 2011 No. 672, eff. 1-1-12.

DCF 54.07 DCF 54.07 Rate determination.

DCF 54.07(1) (1) The department shall determine the maximum per client administrative rate that each child-placing agency may charge for the administrative portion of its services for foster homes with a Level 3 or 4 certification based on the following:

DCF 54.07(1)(a) (a) A maximum per client administrative rate determined by the department that no child-placing agency may exceed.

DCF 54.07(1)(b) (b) A per client administrative rate that the department determines is appropriate for each child-placing agency program based on the reasonable and necessary costs of the services provided by that child-placing agency.

DCF 54.07(2) (2) A child-placing agency shall charge all Wisconsin public purchasers the same rate for the same services.

DCF 54.07 History History: EmR1106: emerg. cr., eff. 9-16-11; CR 11-026: cr. Register December 2011 No. 672, eff. 1-1-12.

DCF 54.08 DCF 54.08 Allowable costs. In determining rates under this subchapter, the department may consider costs incurred for any purpose that is allowable under all of the following:

DCF 54.08(1) (1) Applicable federal regulations, including 2 CFR Part 200, 45 CFR Part 75, and 48 CFR Part 31, except as provided in sub. (2).

DCF 54.08(2) (2) Reserves or profit as allowed under the following:

DCF 54.08(2)(a) (a) For nonprofit corporations, reserves allowed under s. 49.34 (5m) (b) 1., Stats.

DCF 54.08(2)(b) (b) For proprietary child-placing agencies, profit allowed on an annual basis is the smaller amount determined under the following 2 methods of calculating profit:

DCF 54.08(2)(b)1. 1. The equity method is the sum of 7.5 percent of allowable operating costs plus 15 percent of average net equity for the year. In this subdivision, “average net equity” means the average cost of equipment, buildings, land, and fixed equipment minus the average accumulated depreciation and average long term liabilities for the year.

DCF 54.08(2)(b)2. 2. The expenses method is 10 percent of allowable operating costs for the year.

DCF 54.08 Note Note: Further explanation is available in the department’s Allowable Cost Policy Manual, which is available in the Partner Resources/Grants and Contract Administration section of the department’s website at http://dcf.wisconsin.gov.

DCF 54.08 History History: EmR1106: emerg. cr., eff. 9-16-11; CR 11-026: cr. Register December 2011 No. 672, eff. 1-1-12; CR 20-003: am. (1), (2) (a) Register July 2020 No. 775, eff. 8-1-20.