Chapter DCF 57

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.

DCF 57.16(5) (5) Continuing education. A licensee shall provide or arrange for at least 24 hours of continuing education annually to each staff member. The training shall pertain to caring for the resident population served by the group home. Types of training that may be acceptable to the department to meet continuing education requirements include all of the following:

DCF 57.16(5)(a) (a) Formal courses resulting in credits or continuing education units.

DCF 57.16(5)(b) (b) Training provided by the licensee, a staff member, or a volunteer. A summary of the training syllabus shall be kept on file at the group home.

DCF 57.16(5)(c) (c) Workshops, conferences, seminars, lectures, correspondence courses, or home study courses.

DCF 57.16(5)(d) (d) Time spent reading and viewing educational materials pertaining to the resident population served by the group home may be counted for up to 5 hours of continuing education per year.

DCF 57.16 History History: CR 04-067: cr. Register September 2005 No. 597, eff. 1-1-06; corrections in (1) (a), (b) and (4) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; EmR1633: emerg. cr. (4m), eff. 11-18-16; CR 16-051: cr. (4m) Register July 2017 No. 739, eff. 8-1-17.

DCF 57.17 DCF 57.17 Personnel policies and records.

DCF 57.17(1) (1) Policies. A licensee shall have written personnel policies and procedures. The policies and procedures shall include all of the following:

DCF 57.17(1)(a) (a) The creation and use of job descriptions that describe the staff member’s roles, responsibilities and duties.

DCF 57.17(1)(b) (b) An orientation plan that shall include how and when orientation of new hires and volunteers will be conducted and documented.

DCF 57.17(1)(c) (c) Work schedules of each staff member and policies on the use of relief help.

DCF 57.17(1)(d) (d) Continuing education and training requirements.

DCF 57.17(1)(e) (e) Designation of the chain of command or supervisory structure in the group home.

DCF 57.17(1)(f) (f) A requirement that each staff member notify the licensee as soon as possible, but no later than the staff member’s next working day of the circumstances listed in s. DCF 57.18 (3).

DCF 57.17(1)(g) (g) A description of the activities that a volunteer may perform for the group home, orientation of the volunteer, supervision and assurance that the volunteer is following group home policies and procedures, and the information to be provided on the laws of confidentiality and reporting of abuse and neglect.

DCF 57.17(1)(h) (h) Handling of emergencies.

DCF 57.17(2) (2) Personnel records. The licensee shall establish and maintain on the premises a personnel record for each staff member. Each personnel record shall contain all of the following for the staff member for which the record was created:

DCF 57.17(2)(a) (a) A completed application for employment that shall include the staff member’s name, address, date of birth, training, education, work experience, and date of hire.

DCF 57.17(2)(b) (b) Current address.

DCF 57.17(2)(c) (c) Addresses and telephone numbers of references and reference checks results.

DCF 57.17(2)(d) (d) A completed and current background information disclosure form.

DCF 57.17(2)(e) (e) The results of the caregiver background check conducted under s. DCF 57.15 (2) (a) and (3), and the results of any subsequent investigation related to information obtained from each background check.

DCF 57.17(2)(f) (f) A job description that is signed and dated by the staff member.

DCF 57.17(2)(g) (g) A completed physical examination or HealthCheck form, including tuberculosis test results.

DCF 57.17(2)(h) (h) The staff member’s driver’s record, if the staff member is assigned to transport children.

DCF 57.17(2)(i) (i) A training record that shall include documentation of the staff member’s receipt of the orientation, training, and continuing education required under s. DCF 57.16. Documentation shall include all of the following:

DCF 57.17(2)(i)1. 1. Date and time of orientation and each training session.

DCF 57.17(2)(i)2. 2. Name of each person that conducted each orientation and training.

DCF 57.17(2)(i)3. 3. Total hours of training or continuing education received.

DCF 57.17(2)(i)4. 4. Whether the staff member completed the requirements of the training or continuing education session.

DCF 57.17(2)(j) (j) Documentation of all first aid and CPR certifications.

DCF 57.17(2)(k) (k) Any disciplinary actions issued to the employee.

DCF 57.17(2)(L) (L) For RPPS decision makers, documentation of the training required under s. DCF 57.16 (4m).

DCF 57.17(2m) (2m) Exemption. Relief help are exempt from providing a physical examination or HealthCheck form to the licensee.

DCF 57.17(3) (3) Volunteer personnel record. The licensee shall establish and maintain on the premises a volunteer personnel record for each volunteer used by the licensee. Each record shall contain all of the information required in sub. (2) except the physical examination or HealthCheck form and caregiver background check results.

DCF 57.17 History History: CR 04-067: cr. Register September 2005 No. 597, eff. 1-1-06; corrections in (1) (f), (2) (d), (e) and (i) (intro.) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; correction in (2) (d) made under s. 13.92 (4) (b) 7., Stats., Register September 2016 No. 729; EmR1633: emerg. cr. (2) (L), eff. 11-18-16: CR 16-051: cr. (2) (L) Register July 2017 No. 739, eff. 8-1-17.

DCF 57.18 DCF 57.18 Staff member and volunteer responsibilities.

DCF 57.18(1) (1) Pursuant to s. 48.981 (2) and (3), Stats., a licensee, staff member, or volunteer who knows or has reasonable cause to suspect that a child has been abused as defined in s. 48.02 (1), Stats., or neglected as defined in s. 48.02 (12g), Stats., shall immediately inform by telephone or in person, a county department of human or social services or a local law enforcement agency.

DCF 57.18(2) (2) Staff members and volunteers shall keep information and records on residents confidential pursuant to the requirements in s. DCF 57.39.

DCF 57.18(3) (3) Each staff member shall notify the licensee as soon as possible, but no later than the staff member’s next working day of all of the following:

DCF 57.18(3)(a) (a) A conviction of any crime.

DCF 57.18(3)(b) (b) A current or past investigation 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 child or other client, or an investigation related to misappropriation of a client’s property.

DCF 57.18(3)(c) (c) A governmental finding substantiated against them of abuse or neglect of a client or of misappropriation of a client’s property.

DCF 57.18(3)(d) (d) A denial, restriction, or other limitation of a license or credential from the department of safety and professional services.

DCF 57.18(4) (4) The staff member shall demonstrate competency in the group home’s program statement, policies and procedures, roles and responsibilities, and resident rights.

DCF 57.18 History History: CR 04-067: cr. Register September 2005 No. 597, eff. 1-1-06; correction in (2) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register May 2010 No. 653; correction in (3) (d) made under s. 13.92 (4) (b) 6., Stats., Register December 2011 No. 672, eff. 1-1-12.

subch. III of ch. DCF 57 Subchapter III — Admission and Discharge

DCF 57.19 DCF 57.19 Admissions.

DCF 57.19(1) (1) A child may not be admitted to a group home except under a written voluntary agreement or court order.

DCF 57.19(2) (2) Except as provided in sub. (2m), admission of a child under a voluntary agreement may not exceed 15 days from the date the child was removed from the home and may not be extended.

DCF 57.19(2m) (2m) An admission of a custodial parent or expectant mother may be under a voluntary placement agreement for no longer than 180 days from the date on which the child was removed from the home under the agreement. A placement agreement under this subsection may be extended if an independent reviewing agency, such as an agency licensed under s. 48.61 (3), Stats., or a county department, determines that the extension would be in the best interests of the resident and if the resident and the resident’s parent or guardian consent to the extension.

DCF 57.19(3) (3) If a placing agency places a child in a group home, the agency shall enter a written agreement with the licensee. The agreement shall include all of the following pursuant to s. 48.64 (1m), Stats.:

DCF 57.19(3)(a) (a) That the agency shall have access at all times to the child and the group home.

DCF 57.19(3)(b) (b) That the child will be released to the placing agency whenever the agency or the department finds that the best interest of the child requires it.

DCF 57.19(4) (4) Admission decisions shall be in accordance with the group home program statement, the compatibility of the child with the group home and the policies and procedures of the group home, and this chapter.

DCF 57.19(5) (5) 

DCF 57.19(5)(a) (a) Except as provided in par. (b), there shall be no more than 4 years difference in the ages of the children admitted to the group home as residents.

DCF 57.19(5)(b) (b) The age difference limitation stated in par. (a) does not apply to children admitted to a group home licensed for respite care or for homeless and runaway youth.

DCF 57.19(6) (6) A group home may admit a child 18 years of age or over, but under 21 years of age, if any of the following circumstances exist:

DCF 57.19(6)(a) (a) The group home will not have more than 2 children 18 years of age or over, but under 21 years of age.

DCF 57.19(6)(b) (b) The group home has a license to serve a resident population that is 18 years of age or over, but under 21 years of age, and is transitioning to independence.

DCF 57.19 Note Note: A licensee of an existing group home may request a license amendment under s. DCF 57.515 (2).

DCF 57.19(6)(c) (c) The department has granted an exception under s. DCF 57.02 to allow the group home to admit or continue the admission of the child. If the group home does not have a license specified in par. (b), an exception is required before the group home may admit or provide care for more than 2 children 18 years of age or over, but under 21 years of age.

DCF 57.19(7) (7) Each child admitted to a group home as a resident shall have had a health examination performed by an individual licensed to perform the examination no more than one year before being admitted to the group home or shall have the examination within 30 days after the date of admission if the consent required under s. DCF 57.25 (1) has been obtained. Documentation of the examination shall be maintained in the resident’s record as required in s. DCF 57.38 (1) (i) 3.

DCF 57.19(8) (8) Before or upon admission to a group home each resident shall be provided with all of the following:

DCF 57.19(8)(a) (a) Information on exits and evacuation routes.

DCF 57.19(8)(b) (b) Oral notification and a written copy of the resident rights specified in s. DCF 57.24. If the resident is 17 years of age or younger, a copy shall also be made available to the resident’s parent or guardian, and legal custodian, if available.