Wisconsin Legislature: DCF 57.22(1)(g)

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

(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.

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

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

DCF 57.21 Staff to resident ratios and supervision.

(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.

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

(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.

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

(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.

(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).

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

(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.

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

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 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:

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

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

(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.

(4) Staff arrival and departure times.

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

DCF 57.22 Resident activities.

(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:

(a) Leisure-time activities.

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

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

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

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

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

(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.

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

(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.

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 Treatment planning and assessment.

(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:

(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.

(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.

(2) Resident assessment and treatment plan.

(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:

1. A description of the resident’s strengths, needs, and preferences.

2. Treatment goals for the resident and the time frames for achieving those goals.

3. A description of behavior interventions to be utilized with the resident. The licensee shall ensure that methods of behavior intervention are positive, based on the resident’s needs, stage of development and behavior and promote self control.

4. Specific services and supports to be provided to achieve the treatment goals, and names of persons, agencies or position titles responsible for providing services and implementing any of the treatment goals.

5. Permanency planning goals.

6. Goals related to independent living skills, if the resident is 15 years of age or older.

7. Specific indicators that treatment goals have been achieved.

8. Any court ordered conditions.

9. Projected length of stay and conditions for discharge.

10. Visits to the resident by parents and other family members with the approval of the placing agency and in accordance with clients’ right standards to ensure that an appropriate relationship is maintained between the resident and family members.

11. Arrangements for public school attendance.

12. Consideration of the additional requirements for care of custodial parents and expectant mothers under s. DCF 57.36 and care for children under 6 years of age under s. DCF 57.37, as applicable.

13. Consideration of additional requirements for the care of the following residents:

a. The resident is 18 years of age or over, but under 21 years of age; the resident is a full-time student at a secondary school or its vocational or technical equivalent; and there is an individualized education program under s. 115.787, Stats., in effect for the person.

b. The resident is 18 years of age or over, but under 21 years of age, and is placed under another state’s placement and care responsibility under 42 USC 675 (8) (B) (iv).

14. Information documented on the forms required under ch. DCF 37 regarding the decision-making factors for reasonable and prudent parenting decisions for the resident under s. DCF 57.245 (4).

Note: The forms required under ch. DCF 37 are DCF-F-872A-E, Information for Out-of-Home Care Providers, Part A and DCF-F-872B-E, Information for Out-of-Home Care Providers, Part B. Both forms are 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.

(am) Assessments of children of residents are not required.

(b) At least once every 3 months, the group home shall conduct a treatment plan review that includes a review of reasonable and prudent parenting requests and decisions made for a resident and the resident’s progress toward meeting treatment plan goals. If available, the individuals who participated in the development of the resident’s assessment and treatment plan shall be invited to participate in the review.

(c) The group home shall conduct a treatment plan review and revise the treatment plan as needed, consistent with the resident’s needs, treatment plan goals, and the permanency planning goals of the placing person or agency.

(3) Discharge planning.

(a) Preparation for discharge shall begin at the time of admission with the outlining of goals to be achieved and ongoing modification as progress towards goals dictates. The group home shall document in the resident’s record efforts made by staff members to prepare the resident and the resident’s family for discharge.

(b) The resident; the parent, guardian, or legal custodian; and the placing agency shall be given an opportunity to participate in developing a post-discharge plan. The plan shall include recommendations for continuing or additional services upon discharge and the name of the person or agency to receive the resident upon discharge, if applicable.

History: CR 04-067: cr. Register September 2005 No. 597, eff. 1-1-06; corrections in (2) (a) (intro.) and 12. made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; EmR1414: emerg. am. (2) (a) (intro.), cr. (2) (a) 13., eff. 8-1-14; CR 14-054: am. (2) (a) (intro.), cr. (2) (a) 13. Register April 2015 No. 712, eff. 5-1-15; EmR1633: emerg. r. and recr. (1), am. (2) (title), (a) (intro.), r. and recr. (2) (a) 13., cr. (2) (a) 14., (am), r. and recr. (2) (b), cr. (2) (c), eff. 11-18-16; CR 16-051: r. and recr. (1), am. (2) (title), (a) (intro.), r. and recr. (2) (a) 13., cr. (2) (a) 14., (am), r. and recr. (2) (b), cr. (2) (c) Register July 2017 No. 739, eff. 8-1-17.

DCF 57.24 Resident rights.

(1) The licensee shall be knowledgeable of and ensure that staff members and volunteers observe the patient rights and grievance resolution procedures in s. 51.61, Stats., and ch. DHS 94, for each resident who receives services for treatment of mental illness, a developmental disability, alcoholism or drug dependency. Residents that are not specifically identified as coming under s. 51.61, Stats., and ch. DHS 94 shall have rights and grievance resolution procedures that are comparable to those found in s. 51.61, Stats., and ch. DHS 94.

(2) A copy of the DHS 94 patient’s rights and the group home grievance procedure shall be posted in each group home in a prominent place accessible to residents, staff members and visitors.

Note: Patients’ rights information and posters can be obtained at http://dhs.wisconsin.gov/clientrights/FormsPubsPosters.htm.

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

DCF 57.245 Promoting normalcy.

(1) Similar to peers. A group home shall promote normalcy and the healthy development of a resident by supporting the resident’s right to participate in extracurricular, enrichment, cultural, and social activities and have experiences that are similar to those of the resident’s peers of the same age, maturity, or development.

(2) RPPS decision maker.

(a) A group home shall ensure the presence on-site of at least one RPPS decision maker at all times to make decisions regarding the participation of a resident in age or developmentally appropriate extracurricular, enrichment, cultural, and social activities.

(b) An RPPS decision maker may be a licensee, authorized representative of the licensee, program director, group home manager, or resident care staff member.

(c) An RPPS decision maker shall have knowledge of a resident and access to the resident’s treatment plan and other resident records under s. DCF 57.38 related to the decision-making factors in sub. (4).

(d) An RPPS decision maker shall document in the communication log under s. DCF 57.215 decisions made under this section for activities that do not take place in the group home and are not supervised by a staff member.

(e) An RPPS decision maker shall document on a form prescribed by the department any decision made under this section that requires written permission from the group home in lieu of the resident’s parent or guardian. The completed form shall be placed in the resident’s record under s. DCF 57.38.

Note: DCF-F-5124-E, Reasonable and Prudent Parent Decision Record, 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.

(3) Reasonable and prudent parent standard. When an RPPS decision maker is making a decision regarding a resident’s participation in activities, the RPPS decision maker shall use a decision-making standard 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, if the activities meet the conditions in par. (a) and (b) as follows:

(a) Areas covered by the standard. The resident is participating or wants to participate in extracurricular, enrichment, cultural, or social activities, including all of the following:

1. Activities related to transportation, such as obtaining a driver’s license, driving, or carpooling with peers and other adults.

2. Formal or informal employment and related activities, such as opening an account in a bank or credit union.

3. Activities related to peer relationships, such as visiting with friends, staying overnight at a friend’s house, or dating.

4. Activities related to personal expression, such as haircuts; hair dying; clothing choices; or sources of entertainment, including games and music.

(b) Age or developmentally appropriate activities. The resident is participating or wants to participate in activities that are suitable based on any of the following criteria:

1. Activities that are generally accepted as suitable for children of the same 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 the same age or age group.

2. Activities that are suitable based on this resident’s cognitive, emotional, physical, and behavioral capacities.

Note: The reasonable and prudent parent standard does not apply to a child receiving respite care services.

(4) Decision-making factors. When applying the reasonable and prudent parent standard to a decision regarding a resident’s participation in an extracurricular, enrichment, cultural, or social activity, an RPPS decision maker shall consider all of the following: