Chapter DCF 57

DCF 57.04(18) (18) “Guardian” means a person or agency appointed by a court to have the duties and authority of guardianship as described under s. 48.023, Stats.

DCF 57.04(19) (19) “HealthCheck provider” means a provider certified under ch. DHS 105, to provide EPSDT health assessment and evaluation services.

DCF 57.04(20) (20) “Household member” means any person who resides, or is expected to reside, at the group home, who is not a resident of the group home and who has or may have direct contact with group home residents, whether or not related to the licensee.

DCF 57.04(21) (21) “House rules” means a summary of the group home’s standards related to resident conduct, responsibilities, expectations, and daily activities.

DCF 57.04(22) (22) “Law enforcement agency” has the meaning given in s. 165.83 (1) (b), Stats.

DCF 57.04(23) (23) “Legal custodian” means a person, other than a parent or guardian, or an agency to whom legal custody of a child has been transferred by a court, but does not include a person who has only physical custody of a child.

DCF 57.04(24) (24) “Legal custody” has the meaning given in s. 48.02 (12), Stats.

DCF 57.04(25) (25) “Licensee” means a person licensed by the department pursuant to s. 48.66, Stats., to operate a group home.

DCF 57.04(25m) (25m) “Normalcy” means a resident’s ability to easily engage in healthy and age or developmentally appropriate activities that promote his or her well-being, such as participation in social, scholastic, and enrichment activities.

DCF 57.04(26) (26) “Parent” has the meaning specified in s. 48.02 (13), Stats., or in s. 938.02 (13), Stats.

DCF 57.04(27) (27) “Permanency plan” means the plan required under s. 48.38 (2), Stats., that is designed to ensure that a child placed in a group home is safely reunified with the child’s family whenever appropriate, or that the child quickly attains a safe placement in a home providing long-term stability.

DCF 57.04(28) (28) “Physical custody” means actual custody of the person in the absence of a court order granting legal custody to the physical custodian.

DCF 57.04(29) (29) “Physician” has the meaning given in s. 448.01 (5), Stats.

DCF 57.04(30) (30) “Placing agency” means an agency that is licensed under s. 48.60, Stats., and ch. DCF 54, to place children into adoptive homes, foster homes or group homes, to accept guardianship of children or to license foster homes, a county department with powers and duties as defined under s. 48.57, Stats., the department, the Wisconsin department of corrections or any other authorized placement authority.

DCF 57.04(31) (31) “Premises” means the physical plant of the group home, the tract of land on which the group home is situated and any other building or structure on that land.

DCF 57.04(32) (32) “Program director” means a person that is either on staff or under contract with the group home to provide program oversight and case management for residents of the group home.

DCF 57.04(32m) (32m) “Reasonable and prudent parent standard” means a standard for use in making decisions concerning a resident’s participation in age or developmentally appropriate extracurricular, enrichment, cultural, and social activities that is characterized by careful and sensible parental decisions that maintain the health, safety, best interests, and cultural, religious, and tribal values of the resident while at the same time encouraging the emotional and developmental growth of the resident.

DCF 57.04(33) (33) “Relief help” means an individual that is used by the licensee on an irregular and infrequent basis for brief periods of time to provide care for residents.

DCF 57.04 Note Note: An individual regularly scheduled to replace a resident care staff on days off or for prolonged periods is considered a resident care staff.

DCF 57.04(34) (34) “Resident” means a child who is admitted to and resides in a group home.

DCF 57.04(35) (35) “Resident care staff” means an individual employed by a licensee to be the usual and primary caregiver of residents.

DCF 57.04(36) (36) “Resident rights” means the rights specified in s. 51.61, Stats., and ch. DHS 94, of a resident who receives a service for alcohol or drug abuse, a mental illness, or a developmental disability or for residents not receiving those services, rights and grievance procedures that are comparable to those found in s. 51.61, Stats., and ch. DHS 94.

DCF 57.04(37) (37) “Respite care” means maintenance and care of a child with emotional, behavioral, cognitive, physical, or other condition including being at risk of abuse or neglect, placed in a group home for a period of 15 consecutive days or less.

DCF 57.04 Note Note: Respite care can be used to relieve a parent or other care provider from the demands of ongoing care when a child is at risk of abuse or neglect or in other crisis situations or both.

DCF 57.04(37m) (37m) “RPPS decision maker” means an individual who has successfully completed training on the application of the reasonable and prudent parent standard and makes reasonable and prudent parenting decisions under s. DCF 57.245.

DCF 57.04(38) (38) “Serious juvenile offender” means a person to whom the court has given the disposition specified in s. 938.34 (4h), Stats.

DCF 57.04(39) (39) “Sponsoring agency” means a child welfare agency licensed to place children in group homes, a county agency specified in s. 48.56 (1), Stats., or the department; which enters into a written contract with the licensee.

DCF 57.04(40) (40) “Staff member” means a group home director or manager, resident care staff, or relief help.

DCF 57.04(41) (41) “Supervision” means guidance of the behavior and activities of a resident by a staff member who is within sight or sound of a resident.

DCF 57.04(42) (42) “Treatment plan” means a written plan of services to meet the specific treatment goals and care needs of a resident.

DCF 57.04(43) (43) “Universal precautions” means measures taken to prevent transmission of infection from contact with blood or other potentially infectious materials as recommended by the U.S. public health service’s centers for disease control and adopted by the U.S. occupational safety and health administration (OSHA) as 29 CFR 1910.1030.

DCF 57.04(44) (44) “Volunteer” means an individual who provides services to a group home but is not paid for those services.

DCF 57.04 Note Note: This definition does not mean that a volunteer cannot be reimbursed for expenses.

DCF 57.04(45) (45) “Wisconsin public purchaser” means a county department, the department, or the Wisconsin department of corrections.

DCF 57.04 History History: CR 04-067: cr. Register September 2005 No. 597, eff. 1-1-06; corrections in (2), (11), (13), (19), (30) and (36) made under s. 13.92 (4) (b) 6. and 7., Stats., Register November 2008 No. 635; correction in (8) made under s. 13.92 (4) (b) 7., Stats., Register May 2010 No. 653; EmR1106: emerg. cr. (9m), eff. 9-16-11; CR 11-026: cr. (9m), (45) Register December 2011 No. 672, eff. 1-1-12; EmR1414: emerg. r. and recr. (6), (34), eff. 8-1-14; CR 14-054: r. and recr. (6), (34) Register April 2015 No. 712, eff. 5-1-15; correction in (2) made under s. 13.92 (4) (b) 6., 7., Stats., Register September 2016 No. 729; EmR1633: emerg. renum. (1) to (1m), cr. (1), (13m), (32m), (37m), eff. 11-18-16; CR 16-051: renum. (1) to (1m), cr. (1), (13m), (32m), (37m) Register July 2017 No. 739, eff. 8-1-17.

DCF 57.045 DCF 57.045 Inspections, records, and requests for information.

DCF 57.045(1) (1) Inspection of premises. The department may visit and inspect a group home and shall be given unrestricted access to the premises. During this inspection, a licensee shall provide all of the following:

DCF 57.045(1)(a) (a) Any documentation of group home operations requested by the department.

DCF 57.045(1)(b) (b) Any resident records requested by the department.

DCF 57.045(2) (2) Documentation of staffing.

DCF 57.045(2)(a) (a) A licensee shall maintain the following records:

DCF 57.045(2)(a)1. 1. Written schedules of staff coverage that document the specific resident care staff that worked each shift to meet the applicable staff-to-resident ratio in s. DCF 57.21 (2) or 57.36 (5).

DCF 57.045(2)(a)2. 2. Staff payroll records.

DCF 57.045(2)(b) (b) A licensee shall retain records under par. (a) for 5 years.

DCF 57.045(3) (3) Requests for information. A licensee shall promptly respond to requests for information from the department, a placing agency, or any other governmental agency with statutory authority to see the information.

DCF 57.045(4) (4) Current and accurate. A licensee shall ensure that information that the licensee or group home staff submits to or shares with the department, a placing agency, or any other governmental agency is current and accurate.

DCF 57.045 History History: EmR1106: emerg. cr., eff. 9-16-11; CR 11-026: cr. Register December 2011 No. 672, eff. 1-1-12.

DCF 57.05 DCF 57.05 Group home program and policies.

DCF 57.05(1) (1) Program statement. Each group home shall have a written program statement that shall include all of the following:

DCF 57.05(1)(a) (a) A description of the group home’s purpose and philosophy.

DCF 57.05(1)(b) (b) A description of the services available through or provided by the group home.

DCF 57.05(1)(c) (c) A description of the type, age, and sex of the resident population served by the group home.

DCF 57.05 Note Note: Types of resident population refers to a description of the population served by the group home, for example whether the group home serves children with developmental disabilities; emotional or behavioral disorders; alcohol, drug or other substance abuse problems; juvenile delinquents; correctional aftercare placements; custodial parents; expectant mothers; respite care; children under 6 years of age; or children who are transitioning to independence.

DCF 57.05(1)(d) (d) A description of the daily activities available to residents.

DCF 57.05(1)(e) (e) A description of house rules for expected resident conduct.

DCF 57.05(1)(f) (f) A non-discrimination statement that indicates that the group home does not discriminate against a resident because of race or cultural identification, sex, sexual orientation, age, color, creed, ancestry, national origin, disability, political affiliations, or religious beliefs.

DCF 57.05(2) (2) Policies and procedures. In addition to the emergency planning and personnel policies and procedures required under ss. DCF 57.06 and 57.17, a group home shall have written policies and procedures that include all of the following:

DCF 57.05(2)(a) (a) Criteria for levels of supervision of on-premise and off-premise activities of residents.

DCF 57.05(2)(b) (b) Confidentiality of resident records.

DCF 57.05(2)(c) (c) Medication administration, storage and disposal.

DCF 57.05(2)(d) (d) Prohibiting from the premises any person whose behavior gives reasonable concern for the safety of residents.

DCF 57.05(2)(e) (e) The use of universal precautions.

DCF 57.05(2)(f) (f) Behavior intervention.

DCF 57.05(2)(g) (g) Suicide prevention.

DCF 57.05(2)(h) (h) Serious incident reporting requirements.

DCF 57.05(2)(i) (i) Notifying the appropriate local law enforcement agency if a resident leaves the group home without permission or fails to return to the group home after an approved leave.

DCF 57.05(2)(j) (j) Resident access to confidential family planning services.

DCF 57.05(2)(k) (k) House rules that shall include all of the following:

DCF 57.05(2)(k)1. 1. A description of acceptable and unacceptable resident conduct.

DCF 57.05(2)(k)2. 2. Curfew requirements.

DCF 57.05(2)(k)3. 3. A description of the consequences for violations of house rules.

DCF 57.05(2)(k)4. 4. Procedures related to a resident’s absence from the group home without permission.

DCF 57.05(2)(L) (L) Prohibiting smoking on the group home premises and in vehicles used to transport residents.

DCF 57.05(2)(m) (m) For group homes that serve custodial parents, policies on visitation between a child of a resident and that child’s non-custodial parent.

DCF 57.05(2)(n) (n) Prohibiting the use of resident labor as a substitute for employment of a sufficient number of competent persons to operate and maintain the group home.

DCF 57.05(2)(o) (o) A workable plan for contacting the licensee or a staff member when necessary.

DCF 57.05(2)(p) (p) For each shift of resident care staff, how all of the following will be documented:

DCF 57.05(2)(p)1. 1. Staff arrival and departure times.

DCF 57.05(2)(p)2. 2. Number and location of residents.

DCF 57.05(2)(p)3. 3. Summary of each resident’s behavior and program participation during the shift.

DCF 57.05(2)(p)4. 4. Significant incidents involving a resident, including specifying the types of incidents that are required to be documented in the communication log under s. DCF 57.215.

DCF 57.05(2)(q) (q) How the group home complies with the requirements of the reasonable and prudent parent standard, including all of the following:

DCF 57.05(2)(q)1. 1. How the communication log under s. DCF 57.215 will be used to inform different shifts of resident care staff and RPPS decision makers of reasonable and prudent parenting requests and decisions made for residents under s. DCF 57.245 for activities that do not take place in the group home and are not supervised by a staff member.

DCF 57.05(2)(q)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 57.23 (2) (a) 14.

DCF 57.05(2)(q)3. 3. How the group home will ensure the presence on-site of at least one RPPS decision maker at all times.

DCF 57.05(2)(q)4. 4. A process for reviewing the parameters and requirements of the reasonable and prudent parent standard in conjunction with the group home’s corresponding policies and procedures.

DCF 57.05 Note Note: DCF-F-5123-E, Reasonable and Prudent Parent Standard Review, is an optional form that a group home 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 57.05 History History: CR 04-067: cr. Register September 2005 No. 597, eff. 1-1-06; correction in (2) (intro.) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; EmR1106: emerg. am. (1) (f), cr. (2) (p), eff. 9-16-11; CR 11-026: am. (1) (f), cr. (2) (p) Register December 2011 No. 672, eff. 1-1-12; EmR1633: emerg. cr. (2) (p) 4., (q), eff. 11-18-16; CR 16-051: cr. (2) (p) 4., (q) Register July 2017 No. 739, eff. 8-1-17.

DCF 57.06 DCF 57.06 Emergency planning and preparation.