Chapter DCF 57

DCF 57.13(5) (5) Behavior intervention. A licensee shall report to the department each incident of physical restraints used with a resident within 72 hours of each occurrence.

DCF 57.13 Note Note: To report use of physical restraint, use form CFS2146, Serious Incident Report, which is available in the forms section of the Department’s website at http://dcf.wisconsin.gov or by writing or telephoning any one of the field offices listed in Appendix A.

DCF 57.13(6) (6) Proof of insurance. The licensee shall annually submit to the department proof of insurance purchased and maintained pursuant to s. DCF 57.08.

DCF 57.13(7) (7) Discontinuing or changing operations.

DCF 57.13(7)(a) (a) The licensee shall notify the department in writing at least 30 calendar days before discontinuing operation of a group home. The notice shall include the discharge summary specified in s. DCF 57.20 (1) and the post-discharge plan required under s. DCF 57.23 (3) (b), for each resident

DCF 57.13(7)(b) (b) The licensee of a corporation-operated group home shall notify the department within 30 calendar days of any change in the executive responsible for the group home, the chairperson of the board or in the corporate structure.

DCF 57.13(8) (8) Plans of correction. If requested by the department, the licensee shall submit a plan of correction for cited violations of this chapter or ch. 48, Stats., in a format provided by the department. The plan of correction must be received by the date specified by the department and be approved by the licensing representative.

DCF 57.13 Note Note: The licensing representative will notify the licensee at the conclusion of a licensing visit or within 10 working days after the licensing visit, if a plan of correction is required, the date the plan of correction is to be received by the department, and format.

DCF 57.13(9) (9) Fire safety inspection. The licensee shall submit annually to the department, the results of the fire safety inspection required under s. DCF 57.42 (4).

DCF 57.13(10) (10) Background information reporting.

DCF 57.13(10)(a) (a) When an individual that is not a client becomes a household member or is expected to become a household member, the licensee, as soon as possible, but no later than the department’s next business day, shall submit to the department a background information disclosure form for the individual.

DCF 57.13 Note Note: DCF-F-2978-E, Background Information Disclosure, is available in the forms section of the department website, http://dcf.wisconsin.gov, or by calling or writing any field office in Appendix A.

DCF 57.13(10)(b) (b) As soon as possible but no later than the department’s next business day, the licensee shall report to the department for the licensee and each household member who is 10 years old or older all of the following background changes:

DCF 57.13(10)(b)1. 1. The person has been convicted of any crime.

DCF 57.13(10)(b)2. 2. The person has been or is being investigated by any governmental agency for any act, offense or omission, including an investigation related to the abuse or neglect, or threat of abuse or neglect, to a resident or other individual; or an investigation related to misappropriation of a client’s property.

DCF 57.13(10)(b)3. 3. The person has a governmental finding substantiated against them of abuse or neglect of a client or of misappropriation of property.

DCF 57.13(10)(b)4. 4. In the case of a position for which the person must be credentialed by the department of safety and professional services, the person has been denied a license or the person’s license has been restricted or otherwise limited.

DCF 57.13(10)(b)5. 5. The person has pending criminal charges.

DCF 57.13(11) (11) Well water nitrate levels. For group homes with expectant mothers or infants under 6 months old, the licensee shall report water nitrate levels as required in ss. DCF 57.36 (8) and 57.37 (8).

DCF 57.13 Note Note: Reports submitted under this section should be submitted to the field office listed in Appendix A that serves the group home.

DCF 57.13 History History: CR 04-067: cr. Register September 2005 No. 597, eff. 1-1-06; reprinted to correct printing error in (1) (e), Register October 2005 No. 598; corrections in (1) (c), (h), (2), (4), (6), (7) (a), (9) and (11) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; EmR1106: emerg. am. (4), eff. 9-16-11; CR 11-026: am. (4), correction in (10) (b) 4. made under s. 13.92 (4) (b) 6., Stats., Register December 2011 No. 672, eff. 1-1-12; EmR1414: emerg. am. (1) (j), eff. 8-1-14; CR 14-054: am. (1) (j) Register April 2015 No. 712, eff. 5-1-15.

DCF 57.135 DCF 57.135 Responsibility to placing agencies.

DCF 57.135(1) (1) The licensee shall notify the placing agency as soon as possible of any emergency involving the resident. This includes serious illness or injury requiring medical treatment, death of a resident or child, unauthorized absence from the home, use of physical restraint, physical intervention, or any other similar crisis related to a group home resident. This requirement does not relieve the licensee from first taking whatever action is necessary to protect the health, safety and welfare of the resident.

DCF 57.135(2) (2) The licensee shall keep the placing agency informed of the resident’s progress while in care and shall consult with the agency regarding treatment plans and treatment plan reviews, care, training, and plans for the resident whenever more than the day-to-day routine is involved.

DCF 57.135 History History: CR 04-067: cr. Register September 2005 No. 597, eff. 1-1-06.

subch. II of ch. DCF 57 Subchapter II — Personnel

DCF 57.14 DCF 57.14 Personnel requirements.

DCF 57.14(1) (1) Definitions. In this section, “college” or “university” means an institution which is accredited on a degree granting level by an accrediting agency which is listed by the United States department of education as a nationally recognized accrediting agency.

DCF 57.14(2) (2) Age requirement.

DCF 57.14(2)(a) (a) A hired or contracted staff member shall be at least 21 years old and 2 years older than the oldest resident.

DCF 57.14(2)(b) (b) Notwithstanding par. (a), a staff member who is 19 to 21 years old and 2 years older than the oldest resident may be hired or employed for any position except program director under sub. (4) (a) if during the individual’s course of employment the individual is enrolled in and regularly attends a college or university with a major in any of the following:

DCF 57.14(2)(b)1. 1. Social work.

DCF 57.14(2)(b)2. 2. Sociology.

DCF 57.14(2)(b)3. 3. Special education.

DCF 57.14(2)(b)4. 4. Psychology.

DCF 57.14(2)(b)5. 5. Counseling and guidance.

DCF 57.14(2)(b)6. 6. Criminal justice.

DCF 57.14(2)(b)7. 7. Any other area in the human services field as approved by the department.

DCF 57.14(2)(c) (c) Notwithstanding par. (a) or (b), a staff member who is 19 years of age or over may retain employment or contract if the staff member is hired or contracted for before a new resident who is 18 years of age or over is admitted to the group home.

DCF 57.14(3) (3) Health.

DCF 57.14(3)(a) (a) Each staff member and volunteer shall be physically, mentally and emotionally able to provide responsible care for residents and shall not pose an imminent threat of harm to residents or to the quality and manner of their care.

DCF 57.14(3)(b) (b) If the department has reason to believe that the physical or mental health of a staff member or an applicant for employment may endanger a resident, the department may require that a written statement be submitted by a physician or, if appropriate, by a licensed mental health professional that certifies the condition of the individual and the possible effect of that condition on the group home or the residents in care.

DCF 57.14(4) (4) Required staff.

DCF 57.14(4)(a) (a) A program director. A licensee shall staff each group home with a program director who complies with all of the following:

DCF 57.14(4)(a)1. 1. ‘Qualifications.’ A program director shall be at least 21 years old, have a 4-year college degree in one of the major fields of study specified in sub. (2) (b) 1. to 7., and have 2 years of supervised child welfare work experience.

DCF 57.14(4)(a)2. 2. ‘Program operation and development.’ The program director function can be provided by a sponsoring agency. The program director or sponsoring agency shall oversee program operation and development and do all of the following:

DCF 57.14(4)(a)2.a. a. Review the appropriateness of admission of each child to the group home.

DCF 57.14(4)(a)2.b. b. Participate in developing, reviewing, and updating resident assessments and treatment planning.

DCF 57.14(4)(a)2.c. c. Provide technical assistance to the resident care staff and agencies.

DCF 57.14(4)(a)2.d. d. Periodically review and update group home policies and procedures.

DCF 57.14 Note Note: A sponsoring agency is defined in s. DCF 57.04 (39) to mean a child welfare agency licensed to place children in group homes; county agency specified in ch. 48.56 (1), Stats.; or the department, which enters into a written contract with the licensee.

DCF 57.14(4)(b) (b) Group home manager. A licensee shall staff each group home with a group home manager who oversees the day-to-day operations of the group home. The group home manager shall have the qualifications specified in par. (c). A group home manager may also function as the program director if the group home manager meets the requirements specified in par. (a).

DCF 57.14(4)(c) (c) Resident care staff. A licensee shall staff each group home with resident care staff in numbers sufficient to meet the staff to resident ratios specified in ss. DCF 57.21 and 57.36 (5) and for any off-premise activities. Resident care staff shall be responsible for the daily supervision of residents and direct care to residents to ensure their safety and well-being. Resident care staff shall have at least one of the following qualifications:

DCF 57.14(4)(c)1. 1. A bachelor or associate degree from a college or university in any one of the majors specified in sub. (2).

DCF 57.14(4)(c)2. 2. At least one year of full-time experience working in a formal program with the type of resident population served by the group home.

DCF 57.14(4)(c)3. 3. Certification as a child and youth care worker under the standards of the Wisconsin Association of Child and Youth Care Professionals or other department-recognized certifying authority.

DCF 57.14 Note Note: A copy of the standards of the Wisconsin Association of Child and Youth Care Professionals can be obtained from http://www.wacycp.org or by contacting WACYCP at 161 W. Wisconsin Avenue, Milwaukee, WI 53202; telephone [phone]. Information regarding other recognized certifying authorities may be obtained by contacting any field office listed in Appendix A.

DCF 57.14(4)(c)4. 4. Completion of a traineeship program in which the resident care staff has worked with qualified, experienced resident care staff for at least the first 80 hours of employment and received orientation training as specified under s. DCF 57.16 (1), before working independently with residents.

DCF 57.14(4m) (4m) Automated external defibrillator training. All staff members of a group home who provide care for the residents of the group home shall have current proficiency in the use of an automated external defibrillator, as defined in s. 256.15 (1) (cr), Stats., achieved through instruction provided by an individual, organization, or institution of higher education that is approved under s. 46.03 (38), Stats., to provide such instruction.

DCF 57.14(5) (5) Relief help. The licensee may use relief help to temporarily provide care and supervise residents when the number of resident care staff is not sufficient to meet the staff to resident ratios specified under s. DCF 57.21 or 57.36 (5).

DCF 57.14(6) (6) Volunteers. Each volunteer used by the group home shall be supervised by a staff member. Before a volunteer may begin performing activities, the licensee shall do all of the following:

DCF 57.14(6)(a) (a) Orient the volunteer to the activities that the volunteer may perform as specified in the group home’s personnel policies and procedures.

DCF 57.14(6)(b) (b) Provide each volunteer with the confidentiality requirements specified under s. DCF 57.39 and the child abuse and neglect reporting requirements specified under s. DCF 57.18 (1).

DCF 57.14 History History: CR 04-067: cr. Register September 2005 No. 597, eff. 1-1-06; corrections in (4) (c) (intro.), 4., (5) and (6) (b) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; EmR1106: emerg. am. (4) (a), (b), (c) (intro.), cr. (4m), eff. 9-16-11; CR 11-026: am. (4) (a), (b), (c) (intro.), cr. (4m) Register December 2011 No. 672, eff. 1-1-12; EmR1414: emerg. renum. (2) (intro.) to (2) (a), (b) and am., renum. (2) (a) to (g) to (2) (b) 1. to 7., cr. (2) (c), am. (4) (a) 1., eff. 8-1-14; CR 14-054: renum. (2) (intro.) to (2) (a), (b) and am., renum. (2) (a) to (g) to (2) (b) 1. to 7., cr. (2) (c), am. (4) (a) 1. Register April 2015 No. 712, eff. 5-1-15.

DCF 57.15 DCF 57.15 Hiring and employment.

DCF 57.15(1) (1) In this section a “physician’s assistant” has the meaning in s. 448.971 (2), Stats.

DCF 57.15(2) (2) Before an applicant begins employment, the licensee shall do all of the following:

DCF 57.15(2)(a) (a) Conduct and document a caregiver background check pursuant to s. 48.685, Stats., and ch. DCF 12, on each applicant.

DCF 57.15 Note Note: DCF-F-2978-E, Background Information Disclosure, is available in the forms section of the department website, http://dcf.wisconsin.gov or by calling or writing any field office in Appendix A.

DCF 57.15(2)(b) (b) Obtain favorable references from at least 3 non-relatives, with documentation by letter from the reference or by documentation in the record of verbal contact with a reference. Documentation shall include the date contact was made, the name of the individual conducting the reference, the name of the individual contacted, and a summary of the response.

DCF 57.15(2)(c) (c) Upon hire and before working with residents, require each staff member, except relief help to have a tuberculosis test and provide certification from a physician, physician assistant, or a HealthCheck provider that the staff member meets the minimum physical requirements of the position and that the staff member is in general good health.

DCF 57.15 Note Note: A HealthCheck form may be obtained by contacting the local public health department. Physical examination report forms can be obtained by contacting the field office listed in Appendix A.

DCF 57.15(2)(d) (d) Make a determination of whether the applicant is fit and qualified.

DCF 57.15 Note Note: The term “fit and qualified” is defined in s. DCF 57.04 (15) to mean a person who displays the capacity to successfully nurture and care for children and who does not have a history of a civil action or criminal conviction or administrative rule violation that substantially relates to the care of a child, or who exercises unsound judgment or who abuses alcohol or drugs. 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 57.15(2)(e) (e) Nothing in this section requires a licensee to hire an applicant for employment or to retain any staff member.

DCF 57.15(3) (3) The licensee shall require each staff member to complete a background information disclosure form and shall conduct a caregiver background check on each staff member every 4 years or at any time within that period.

DCF 57.15(4) (4) A licensee may not hire or employ a person who has had a group home license revoked or denied within the last 2 years.

DCF 57.15 History History: CR 04-067: cr. Register September 2005 No. 597, eff. 1-1-06; correction in (2) (a) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; correction in (2) (a) made under s. 13.92 (4) (b) 7., Stats., Register September 2016 No. 729; correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register January 2023 No. 805.

DCF 57.16 DCF 57.16 Training.

DCF 57.16(1) (1) Orientation. Within the first week of hire, the licensee shall provide the staff member with all of the following:

DCF 57.16(1)(a) (a) A job description created under s. DCF 57.17 (1) (a). The job description shall be signed and dated by each staff member upon receipt by the staff member.

DCF 57.16(1)(b) (b) The group home’s program statement and policies and procedures, including the personnel policies and procedures created under s. DCF 57.17 (1).

DCF 57.16(1)(c) (c) Requirements of child abuse and neglect reporting specified under s. 48.981 (2) and (3), Stats., and information on how to identify and report abuse or neglect situations.

DCF 57.16(1)(d) (d) Instruction on how to use fire extinguishers, and on emergency and evacuation procedures.

DCF 57.16(1)(e) (e) Any other information that would orient the staff member to the group home.

DCF 57.16(2) (2) CPR and first aid training. Within 6 months after the date of hire, each staff member shall successfully complete first-aid training and cardio-pulmonary resuscitation training from an American Red Cross or a program certified by the American Red Cross or American Heart Association. The certification shall be renewed in accordance with training guidelines

DCF 57.16(3) (3) Fire safety and evacuation training. Within 6 months after the date of hire, each staff member hired or contracted for on or after January 1, 2006, shall successfully complete fire safety and evacuation training provided by the Wisconsin Technical College System or a comparable course approved by the department.

DCF 57.16(4) (4) Infant and toddler care. Before a staff member or volunteer may provide care and supervision for an infant or toddler as defined under s. DCF 57.37 (2) (a) and (b), the staff member or volunteer used to meet staff to child ratios shall complete the training specified under s. DCF 57.37 (4).

DCF 57.16(4m) (4m) Reasonable and prudent parent standard. A group home shall ensure that an individual specified in s. DCF 57.245 (2) (b) successfully completes training on the application of the reasonable and prudent parent standard prior to making reasonable and prudent parenting decisions.