Chapter DCF 57

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.

DCF 57.06(1) (1) The licensee shall have written procedures for all of the following:

DCF 57.06(1)(a) (a) In case of emergency, contacting the placing agency, parent, guardian, or legal custodian, emergency service providers, a resident’s health care provider, the licensee, and staff members.

DCF 57.06(1)(b) (b) Fire safety, evacuation drills and response, including evacuation of residents with limited mobility, limited understanding, or hearing impairment in case of fire as specified in s. DCF 57.42 (2) (c), or other emergency.

DCF 57.06(2) (2) The telephone number of each of the following emergency service providers shall be posted by each telephone on the premises. If the emergency service providers listed below can be reached by dialing the emergency number “911”, then the emergency telephone number “911” may be posted in place of separate emergency provider numbers.

DCF 57.06(2)(a) (a) Ambulance service.

DCF 57.06(2)(b) (b) Fire department.

DCF 57.06(2)(c) (c) Police department.

DCF 57.06(2)(d) (d) Hospital.

DCF 57.06(2m) (2m) The telephone number of the poison control center shall be posted by each telephone on the premises.

DCF 57.06(3) (3) Each group home and vehicle used to transport residents shall have a first aid kit or first aid supplies including gauze and adhesive bandages, tape and latex or vinyl gloves; and that will provide care to the maximum number of residents allowed under the group home license. The first aid kit or first aid supplies shall be inventoried and re-supplied after each use.

DCF 57.06(4) (4) Phone numbers of staff members to be notified in case of an accident, the name, address, and telephone number of each resident’s health care provider and written consent from the resident’s parent, guardian, or legal custodian for emergency medical treatment shall be carried in a vehicle when transporting a resident.

DCF 57.06(5) (5) 

DCF 57.06(5)(a) (a) Each licensed group home shall file a disaster plan with the department and any placing agency with a resident placed in the group home that would allow the department and placing agency to identify, locate, and ensure continuity of services to residents under the placement and care responsibility or supervision of the placing agency who are displaced or adversely affected by a disaster. A disaster plan shall include all of the following information:

DCF 57.06(5)(a)1. 1. Where a licensee, group home staff, and residents would go in an evacuation, including one location in the nearby area and one location out of the area.

DCF 57.06(5)(a)2. 2. Phone numbers, electronic mail addresses, and other contact information for the licensee.

DCF 57.06(5)(a)3. 3. A list of items that the licensee or group home staff will take if evacuated, including any medication and medical equipment for residents.

DCF 57.06(5)(a)4. 4. Phone numbers the licensee will call to check in with the department and placing agency.

DCF 57.06(5)(b) (b) A licensee shall review the disaster plan on a quarterly basis to ensure it is current and accurate, document the quarterly review, and provide the documentation to the department upon request.