Chapter DCF 57

DCF 57.57   Summary suspension of a license.

DCF 57.58   Appeal procedure.

DCF 57.59   Complaints.

Subchapter VII — Rate Regulation

DCF 57.60   Rate determination.

DCF 57.61   Allowable costs.

DCF 57.62   Rate methodology.

DCF 57.63   Rate resolution.

DCF 57.64   Extraordinary payments.

DCF 57.65   Advisory committee.

Ch. DCF 57 Note Note: Ch. HSS 57 was renumbered to ch. HFS 57 under 13.93 (2m) (b) 1., Stats. and corrections made under s. 13.93 (2m) (b) 6. and 7., Stats., Register, December, 1999, No. 528; Chapter HFS 57 as it existed on December 31, 2005, was repealed and a new chapter HFS 57 was created Register September 2005 No. 597, eff. 1-1-06. Chapter HFS 57 was renumbered to chapter DCF 57 under s. 13.92 (4) (b) 1., Stats., Register November 2008 No. 635.

subch. I of ch. DCF 57 Subchapter I — General Provisions

DCF 57.01 DCF 57.01 Authority and purpose. This chapter is promulgated under the authority of s. 48.67, Stats., to carry out licensing duties authorized under s. 48.66, Stats., and the authority of s. 49.343, Stats., to establish the per client rate that a group home may charge for its services. The purpose of this chapter is to protect and promote the health, safety and welfare of children placed in group homes and promote efficient provision of services.

DCF 57.01 History History: CR 04-067: cr. Register September 2005 No. 597, eff. 1-1-06; EmR1106: emerg. am., eff. 9-16-11; CR 11-026: am. Register December 2011 No. 672, eff. 1-1-12.

DCF 57.015 DCF 57.015 Compliance with administrative rules and laws. A person who is licensed under this chapter shall operate the group home in compliance with this chapter, the provisions of the license, and applicable state, federal, and local law.

DCF 57.015 History History: CR 04-067: cr. Register September 2005 No. 597, eff. 1-1-06.

DCF 57.02 DCF 57.02 Exceptions to rules.

DCF 57.02(1) (1) The department may grant an exception to a non-statutory requirement of this chapter if the department determines that the exception will not jeopardize the health, safety, or welfare of any child served by the group home.

DCF 57.02(2) (2) A request for an exception to a non-statutory rule requirement shall be made to the department on a form prescribed by the department and shall justify each reason for requesting an exception. The request shall also describe an alternative that meets the intent of the requirement.

DCF 57.02 Note Note: Form DCF-F-5023-E, Child Welfare Request for Exception, is available in the forms section of the department website, http://dcf.wisconsin.gov. Requests for an exception should be sent to the field office listed in Appendix A that serves the group home.

DCF 57.02 History History: CR 04-067: cr. Register September 2005 No. 597, eff. 1-1-06; EmR1414: emerg. am. (2), eff. 8-1-14; CR 14-054: am. (2) Register April 2015 No. 712, eff. 5-1-15.

DCF 57.04 DCF 57.04 Definitions. In this chapter:

DCF 57.04(1) (1) “Age or developmentally appropriate activities” means activities that are generally accepted as suitable for children of a given chronological age or level of maturity or that are determined to be developmentally appropriate for a child based on the cognitive, emotional, physical, and behavioral capacities that are typical for children of a given age or age group or, in the case of a specific resident, activities that are suitable for the resident based on the cognitive, emotional, physical, and behavioral capacities of that resident.

DCF 57.04(1m) (1m) “Agency-operated group home” means a group home for which the licensee is a public agency other than the department.

DCF 57.04(2) (2) “Background information disclosure form” means the department form on which a person provides certain information concerning the person’s background.

DCF 57.04 Note Note: DCF-F-2978-E, Background Information Disclosure, is available in the forms section of the department’s website at http://dcf.wisconsin.gov or from the filed office listed in Appendix A that serves the group home.

DCF 57.04(3) (3) “Behavior intervention” means any containment, management or treatment technique or procedure used to intervene in a resident’s behavior when that behavior poses a clear and present danger of serious physical harm to the resident or to others.

DCF 57.04(4) (4) “Caregiver” has the meaning given in s. 48.685 (1) (ag), Stats.

DCF 57.04(5) (5) “Caregiver background check” means the search required by s. 48.685 (2), Stats.

DCF 57.04(6) (6) “Child” is a person who is under 21 years of age and is under juvenile court jurisdiction or other court order, is being provided services by a child welfare or juvenile justice agency, or is placed under an agreement.

DCF 57.04(7) (7) “Child abuse” means abuse as specified in s. 48.02 (1), Stats.

DCF 57.04(8) (8) “Child neglect” has the meaning given in s. 48.02 (12g), Stats.

DCF 57.04(9) (9) “Corporation-operated group home” means a home for which the licensee is a non-profit or proprietary corporation that operates one or more group homes.

DCF 57.04(9m) (9m) “County department” or “county” means a county department of social services under s. 46.215 or 46.22, Stats.; a county department of human services under s. 46.23, Stats.; or a county department under s. 51.42 or 51.437, Stats.

DCF 57.04(10) (10) “Custodial parent” means a resident whose child resides in the group home with the resident.

DCF 57.04(11) (11) “Department” means the department of children and families.

DCF 57.04(12) (12) “Emergency” means serious medical incidents, fire, tornadoes, flooding, and loss of services to the group home such as electricity, heat, water or telephone, or threats to the premises or its occupants.

DCF 57.04(13) (13) “EPSDT” means early and periodic screening, diagnosis and treatment of persons under s. DHS 107.22.

DCF 57.04(13m) (13m) “Family interaction plan” means a plan developed by a placing agency to promote a resident’s interaction with members of the resident’s family and includes interaction by face-to-face contact; telephone calls; letters; emails; and attendance at routine activities, such as counseling sessions, medical appointments, school events, and faith-related activities.

DCF 57.04(14) (14) “Family-operated group home” means a home for which the licensee is one or more individuals who operate not more than one group home.

DCF 57.04(15) (15) “Fit and qualified” means displaying the capacity to successfully nurture and care for children and shall not include a history of a civil action, criminal conviction or administrative rule violation that substantially relates to the care of a child; a history of exercising unsound judgment or abuse of alcohol or drugs.

DCF 57.04 Note Note: For help in determining whether a civil action, criminal conviction, or administrative rule violation substantially relates to the care of children, consult s. DCF 12.06.

DCF 57.04(16) (16) “Group home” means a facility operated by a person licensed by the department pursuant to s. 48.625, Stats., to provide 24-hour care for 5 to 8 residents.

DCF 57.04(17) (17) “Group home manager” means a person who is responsible for the day-to-day operations of a group home.

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.