Chapter DCF 57

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.

DCF 57.19(8)(c) (c) A copy of the house rules developed under s. DCF 57.05 (2) (k). A copy of the house rules shall also be provided to the resident’s parent, guardian, or legal custodian, as appropriate.

DCF 57.19(9) (9) Upon receipt of a notice of revocation of the group home license and during any revocation proceedings that may result, the licensee may not admit a child as a resident except as provided in s. DCF 57.56 (2).

DCF 57.19 History History: CR 04-067: cr. Register September 2005 No. 597, eff. 1-1-06; corrections in (7), (8) (b), (c) and (9) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; EmR1414: emerg. r. and recr. (6), eff. 8-1-14; CR 14-054: r. and recr. (6) Register April 2015 No. 712, eff. 5-1-15; CR 16-051: am. (6) (a), (c) Register July 2017 No. 739, eff. 8-1-17.

DCF 57.20 DCF 57.20 Discharge.

DCF 57.20(1) (1) Except as provided in sub. (3), the licensee shall complete and send to the appropriate placing agency a discharge summary for each resident discharged from the group home within 30 days of the resident’s discharge. A copy of the summary shall be placed in the resident’s record. The discharge summary shall include all of the following:

DCF 57.20(1)(a) (a) Dates of the resident’s stay.

DCF 57.20(1)(b) (b) Reason for discharge.

DCF 57.20(1)(c) (c) Summary of incidents involving the resident as described in s. DCF 57.13 (1).

DCF 57.20(1)(d) (d) Description of type of admission.

DCF 57.20(1)(e) (e) Any other relevant information.

DCF 57.20(2) (2) The discharge summary developed for a respite care or other placement under a voluntary agreement shall be provided to the parent, guardian, legal custodian, or placing agency, as appropriate upon discharge. A copy of the summary shall be placed in the resident’s record.

DCF 57.20(3) (3) Thirty days before a discharge of a resident whose placement is court ordered for reasons other than revocation or denial of a license, the post-discharge plan developed under s. DCF 57.23 (3) shall be provided to the resident, the resident’s parent, guardian or legal custodian, if available.

DCF 57.20(4) (4) The licensee shall allow the placing agency at least 15 days to make plans for a resident whom the licensee requests that the placing agency remove from the group home unless both parties agree to earlier removal.

DCF 57.20(5) (5) All of the resident’s personal belongings, including medical equipment shall accompany the resident upon discharge. A complete accounting of these items shall be placed and maintained in the resident’s record required under s. DCF 57.38. Medication shall be handled as required under s. DCF 57.25 (6) (e) to (g).

DCF 57.20(6) (6) By the effective date of a license revocation the licensee shall have arranged for alternative placement for each resident. Arrangements for alternative placement shall be made in cooperation with each resident’s parent or guardian, and legal custodian or placing agency, if not the same. The licensee shall share the placement information with the licensing representative at least one week before the effective date of the revocation.

DCF 57.20 History History: CR 04-067: cr. Register September 2005 No. 597, eff. 1-1-06; corrections in (1) (c), (3) and (5) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635.

subch. IV of ch. DCF 57 Subchapter IV — Resident Care

DCF 57.205 DCF 57.205 Principles for nurturing care. The group home shall do all of the following:

DCF 57.205(1) (1) Provide a safe, stable, and humane environment.

DCF 57.205(2) (2) Encourage a resident’s autonomy, respect a resident’s need for privacy and consider a resident’s preferences and choices while providing care, supervision, and training.

DCF 57.205(3) (3) Provide care that is respectful toward the beliefs, interpersonal styles, attitudes and behaviors of residents and families of various cultures.

DCF 57.205 History History: CR 04-067: cr. Register September 2005 No. 597, eff. 1-1-06.

DCF 57.21 DCF 57.21 Staff to resident ratios and supervision.

DCF 57.21(1) (1) In this section, “supervision” means guidance of the behavior and activities of a resident by a staff member who is within sight or sound of a resident to ensure the safety and well-being of the resident.

DCF 57.21(2) (2) The staff-to-resident ratios of a group home shall be as follows:

DCF 57.21(2)(a) (a) 1:5 during waking hours. A group home shall have at least one staff member awake and providing supervision for every 5 or fewer residents present in the group home during waking hours.

DCF 57.21(2)(b) (b) 1:8 during sleeping hours. A group home shall have at least one staff member awake and providing supervision during sleeping hours.

DCF 57.21(3) (3) The staff-to-resident ratios in sub. (2) and s. DCF 57.36 (5) are the minimal staffing requirements for resident care staff. The number of resident care staff on duty shall be increased as necessary to meet the needs of residents and to ensure their safety and welfare.

DCF 57.21(4) (4) A volunteer may be used to meet the staff-to-resident ratio requirements in sub. (2) and s. DCF 57.36 (5) when 6 or more residents are in care if the volunteer meets the staff qualifications under s. DCF 57.14 (4) (c).

DCF 57.21(5) (5) No resident may be in the group home without supervision by a staff member.

DCF 57.21(6) (6) A licensee shall ensure that supervision is provided for each resident appropriate to the resident’s age, maturity, behavior, and developmental level and sufficient to ensure the safety of all residents in the group home.

DCF 57.21(7) (7) A licensee shall ensure that sufficient staffing is available to provide supervision of a resident during suspensions and other extended absences from school.

DCF 57.21 History History: CR 04-067: cr. Register September 2005 No. 597, eff. 1-1-06; correction in (1) (b) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; EmR1106: emerg. r. and recr., eff. 9-16-11; CR 11-026: r. and recr. Register December 2011 No. 672, eff. 1-1-12.

DCF 57.215 DCF 57.215 Communication log. A group home shall require each shift of resident care staff and RPPS decision makers to use a communication log to document and communicate with other resident care staff and RPPS decision makers about residents whom they supervise in common. The communication log shall include all of the following for each shift:

DCF 57.215(1) (1) Each resident’s location, behavior, and program participation.

DCF 57.215(2) (2) Significant incidents involving a resident, as specified in the group home’s policy and procedures.

DCF 57.215(3) (3) 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 57.215(4) (4) Staff arrival and departure times.

DCF 57.215 History History: EmR1633: emerg. cr., eff. 11-18-16; CR 16-051: cr. Register July 2017 No. 739, eff. 8-1-17.

DCF 57.22 DCF 57.22 Resident activities.

DCF 57.22(1) (1) Activity planning and scheduling. The licensee shall establish and implement a written plan of general activities for residents that shall include all of the following:

DCF 57.22(1)(a) (a) Leisure-time activities.

DCF 57.22(1)(b) (b) Opportunities to engage in social and community activities.

DCF 57.22(1)(c) (c) Self-expression and communication.

DCF 57.22(1)(d) (d) Opportunities for physical exercise to encourage gross and fine motor development.

DCF 57.22(1)(e) (e) Guidance and assistance in the development of daily living skills.

DCF 57.22(1)(f) (f) Activities appropriate to a resident’s ethnic culture.

DCF 57.22(1)(g) (g) Opportunities for activities geared towards the individual interests of residents.

DCF 57.22(2) (2) Religious training and practice. Each resident shall be provided with opportunities for voluntary religious expression and participation in religious education and attendance at services compatible with the religious preference of the resident, or a parent or guardian of the resident.

DCF 57.22(3) (3) Recreation. A variety of indoor and outdoor recreational activities and developmentally appropriate play equipment shall be offered.

DCF 57.22(4) (4) Telephone usage. Telephone usage by a resident shall be governed by the resident rights under s. DCF 57.24 and the resident’s treatment plan or placement agreement.

DCF 57.22 History History: CR 04-067: cr. Register September 2005 No. 597, eff. 1-1-06; correction in (4) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635.

DCF 57.23 DCF 57.23 Treatment planning and assessment.

DCF 57.23(1) (1) Assessment for respite care. A program director shall ensure that an assessment of a child admitted to a group home under a voluntary agreement for respite care is completed before the child’s date of admission to the group home. The assessment shall include all of the following:

DCF 57.23(1)(a) (a) Information on the child’s developmental, behavioral, educational, and medical history; family and significant relationships; legal history; substance abuse history; and any past treatment.

DCF 57.23(1)(b) (b) A description of the child’s current status, including mental status, medical needs, current activities, educational status, current and recent substance abuse use, and personal strengths.

DCF 57.23(2) (2) Resident assessment and treatment plan.

DCF 57.23(2)(a) (a) Within 30 calendar days after the date a resident is admitted to a group home, the program director shall perform a comprehensive written assessment of the resident and develop a written treatment plan. The program director shall develop the treatment plan with the participation of the placing agency; the resident; a parent if the resident is under 18 years of age; a guardian and legal custodian, if applicable and available; and the persons who will provide the required services to the resident. A completed treatment plan for each resident shall be placed in the resident’s record maintained by the group home under s. DCF 57.38 and shall include all of the following: