Chapter DCF 57

DCF 57.36(5)(a)3. 3. If childcare is provided for payment, reimbursement or other compensation to 4 or more children under 7 years of age, the child care program must be licensed under ch. DCF 250 or 251.

DCF 57.36(5)(b) (b) Childcare may be provided off premises only by a child care provider that is licensed or certified under ch. DCF 250, 251, or 252, as applicable.

DCF 57.36(6) (6) Non-custodial parents. The licensee shall give children of residents the opportunity and encouragement to maintain involvement with non-custodial parents.

DCF 57.36(7) (7) Space requirements. In addition to the floor space required for bedrooms under s. DCF 57.40 (6) (b) 3., there shall be at least 35 square feet of additional floor space in a bedroom for each child sharing a bedroom with a parent.

DCF 57.36(8) (8) Water supply. The annual test of private well water under s. DCF 57.40 (3) (a) 2. shall include testing for nitrate levels. If nitrate levels are determined to be over 10 milligrams per liter, the licensee shall give notice to the department field office that serves the group home within 48 hours.

DCF 57.36 History History: CR 04-067: cr. Register September 2005 No. 597, eff. 1-1-06; corrections in (1), (2) (intro.), (5), (7) and (8) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; EmR1106: emerg. am. (8), eff. 9-16-11; CR 11-026: am. (8) Register December 2011 No. 672, eff. 1-1-12.

DCF 57.37 DCF 57.37 Additional requirements for care of children 6 years of age or younger.

DCF 57.37(1) (1) Applicability. If a group home is licensed under s. DCF 57.51 or approved under s. DCF 57.515 to admit children under 6 years of age as residents or if the group home provides care to a resident who is the custodial parent of a child under the age of 6, the group home shall meet the additional requirements of this section.

DCF 57.37(2) (2) Definitions. In this section:

DCF 57.37(2)(a) (a) “Infant” means a child under one year of age.

DCF 57.37(2)(b) (b) “Toddler” means a child at least one year of age but less than 2 years of age.

DCF 57.37(2)(c) (c) “SIDS” means Sudden Infant Death Syndrome.

DCF 57.37(3) (3) Treatment plan. A treatment plan is not required for children of residents. The treatment plan developed under s. DCF 57.23 (2) for a resident under 6 years of age shall include:

DCF 57.37(3)(a) (a) Schedule of meals and feeding and types of food introduced.

DCF 57.37(3)(b) (b) Toileting and diapering procedures.

DCF 57.37(3)(c) (c) Sleep and nap schedule.

DCF 57.37(3)(d) (d) Communication methods and comforting techniques.

DCF 57.37(3)(e) (e) Developmental history.

DCF 57.37(3)(f) (f) Medical history and medication management.

DCF 57.37(4) (4) Staff training. Each staff member who provides care to a child under this section shall successfully complete at least 10 hours of training in infant and toddler care; at least 40 hours or 3 credits of early childhood training and training in infant and child CPR within 6 months after beginning employment, unless the staff member has previously received such training and certification is current. The training in infant and toddler care shall include instruction on SIDS risk reduction and shall be approved by the department.

DCF 57.37(5) (5) Diapering. Wet or soiled diapers and clothing shall be changed promptly. Each child shall be changed on a surface that is cleaned with soap and water and a disinfectant solution after each use. Soiled diapers shall be placed in a plastic-lined, covered container, which shall be emptied, washed and disinfected daily.

DCF 57.37(6) (6) Furnishings and bedding.

DCF 57.37(6)(a) (a) Each child shall be provided with a bassinet, crib, or bed that is safe and appropriate to the needs of the child. Cribs shall have crib slats that are securely fastened in place and are spaced no more than 2 3/8 inches apart. Crib mattresses shall fit snugly. Bassinets and cribs shall be washed and disinfected between changes in occupancy. The top bunk of a bunk bed shall not be used for a child under 4 years of age. The top bunk shall have a safety rail if occupied by a child under 8 years of age.

DCF 57.37(6)(b) (b) Pillows and sheepskins shall not be used with infants.

DCF 57.37(6)(c) (c) The group home shall provide eating utensils and cups, infant seats, high chairs, car seats, strollers, rocking chairs, tables and seating and other furnishings and equipment appropriate for size and developmental level and the needs of children under 6 years of age.

DCF 57.37(7) (7) Safety measures.

DCF 57.37(7)(a) (a) Strings and cords long enough to encircle a child’s neck shall not be accessible to children.

DCF 57.37(7)(b) (b) When infants and toddlers are present, open stairways shall be protected at the top and bottom with child safety gates. Gates shall have latching devices that adults can open easily in an emergency. Pressure gates or accordion gates shall not be used.

DCF 57.37(7)(c) (c) Steam radiators, fireplaces, wood-burning stoves, electric fans, electric outlets, electric heating units and hot surfaces, such as pipes, shall be protected by screens or guards.

DCF 57.37(7)(d) (d) Differences of elevation, including platforms, walkways, balconies and open sides of stairways shall be protected by railing at least 36 inches in height and with bars no greater than 4 inches apart.

DCF 57.37(8) (8) Water. If an infant under 6 months old is in care, the annual test of private well water required under s. DCF 57.40 (3) (a) 2., shall include testing for nitrate levels. If nitrate levels are determined to be over 10 milligrams per liter, the licensee shall give notice to the department field office that serves the group home within 48 hours.

DCF 57.37(9) (9) Nutrition and feeding.

DCF 57.37(9)(a) (a) Food shall be available to infants and toddlers in accordance with the meal patterns consistent with those specified in Appendices B and C, as applicable.

DCF 57.37(9)(b) (b) If a microwave is used to heat or prepare food, procedures for heating and cooking infant formula, milk, or food in a microwave oven shall be posted near the microwave.

DCF 57.37(9)(c) (c) Bottles shall not be propped. A child unable to hold a bottle shall be held whenever a bottle is given.

DCF 57.37(9)(d) (d) Infants and toddlers shall not be put to bed with a bottle.

DCF 57.37(10) (10) Medical care. Each child shall receive routine physical examinations and immunizations pursuant to s. 252.04, Stats., and ch. DHS 144, by a licensed medical professional.

DCF 57.37 History History: CR 04-067: cr. Register September 2005 No. 597, eff. 1-1-06; corrections in (1), (3) (intro.) and (8) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; EmR1106: emerg. am. (8), r. (11), eff. 9-16-11; CR 11-026: am. (8), r. (11) Register December 2011 No. 672, eff. 1-1-12.

DCF 57.38 DCF 57.38 Resident records.

DCF 57.38(1) (1) The licensee shall maintain on the premises a record for each current resident. Each record shall contain all of the following information:

DCF 57.38(1)(a) (a) Resident’s first name, last name, and alias, if any, date of birth, and gender.

DCF 57.38(1)(b) (b) Recent photograph of the resident.

DCF 57.38(1)(c) (c) Voluntary placement agreement or court order or both as appropriate.

DCF 57.38(1)(d) (d) Referral information such as court reports and assessments from the placing agency.

DCF 57.38(1)(e) (e) Name, address and telephone number of the placing agency, parent, guardian, or legal custodian that is responsible for the resident.

DCF 57.38(1)(f) (f) Name, address, and telephone number of the person or placing agency and physician to be called in an emergency.

DCF 57.38(1)(g) (g) Reasonable and prudent parenting decision records required under s. DCF 57.245 (2) (e).

DCF 57.38(1)(h) (h) Treatment plan and reviews and post-discharge plan.

DCF 57.38(1)(i) (i) Current medical information including all of the following:

DCF 57.38(1)(i)1. 1. Medical consent and signed releases.

DCF 57.38(1)(i)2. 2. Name of physician and dentist.

DCF 57.38(1)(i)3. 3. Dates of medical and dental examinations and recommendations for follow-up care.

DCF 57.38(1)(i)4. 4. Immunizations.

DCF 57.38(1)(i)5. 5. Illnesses and accidents and dates of each.

DCF 57.38(1)(i)6. 6. Medications and treatments received and dates of each.

DCF 57.38(1)(i)7. 7. Allergies, including allergies to food or medication.

DCF 57.38(1)(i)8. 8. Physical limitations.

DCF 57.38(1)(j) (j) Name of school and current grade.

DCF 57.38(1)(k) (k) Religious preference.

DCF 57.38(1)(L) (L) Incident reports involving the resident for whom the record was made.

DCF 57.38(1)(m) (m) Description of any resident rights that are denied or limited and disposition of any grievances.

DCF 57.38(1)(n) (n) Inventory of the resident’s clothing and other possessions.

DCF 57.38(1)(o) (o) Non-medical signed releases and consents.

DCF 57.38(1)(p) (p) Discharge summary.

DCF 57.38(1)(q) (q) Any other information as appropriate.

DCF 57.38(2) (2) Resident records shall be maintained in a secure location pursuant to the confidentiality requirements in s. DCF 57.39. The record required in sub. (1) shall be maintained by the licensee until the resident reaches the age of 21 or 7 years after the resident is discharged from the group home, whichever is later. The record of a resident that has been discharged may be stored off the premises, but must be made available to the department upon request.

DCF 57.38 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; EmR1414: emerg. am. (2), eff. 8-1-14; CR 14-054: am. (2) Register April 2015 No. 712, eff. 5-1-15; EmR1633: emerg. r. and recr. (1) (g), eff. 11-18-16; CR 16-051: r. and recr. (1) (g) Register July 2017 No. 739, eff. 8-1-17.

DCF 57.39 DCF 57.39 Confidentiality. Information and records on residents shall be kept confidential and shall be protected from unauthorized examination pursuant to s. 48.78 and 48.981 (7), Stats., or where applicable s. 51.30 (4), Stats., and ch. DHS 92.

DCF 57.39 History History: CR 04-067: cr. Register September 2005 No. 597, eff. 1-1-06; correction made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635.

subch. V of ch. DCF 57 Subchapter V — Physical Environment and Safety

DCF 57.40 DCF 57.40 Physical plant and environment.

DCF 57.40(1) (1) General requirements.

DCF 57.40(1)(a) (a) In addition to maintaining the premises in compliance with state and local building code requirements, the licensee shall maintain the premises in a state of good repair and in a clean, safe and sanitary condition.

DCF 57.40(1)(b) (b) The department may require a licensee to obtain an inspection of the premises and of the heating, electrical, plumbing, water and sewage systems to determine if any safety or health problems exist.

DCF 57.40(2) (2) Exits.

DCF 57.40(2)(a) (a) Halls leading to exits shall be clear and unobstructed at all times. At least one exit door shall be at least 3 feet in width.

DCF 57.40(2)(b) (b) All stairways serving 3 or more levels shall have a door at either the bottom or top of the stairway which shall be kept closed at all times.

DCF 57.40(2)(c) (c)

DCF 57.40(2)(c)1. 1. Habitable rooms on the second floor shall have access to at least 2 exits. At least one of the exits shall be a stairway to the first floor or to grade.

DCF 57.40(2)(c)2. 2. If a child 6 years of age or over occupies a room on the second floor, a window may be used as an exit if the window can be opened from the inside without the use of tools, is at least 22 inches in the smallest dimension, is at least 5 square feet in area, and has a lower sill not more than 4 feet from the floor and a window escape ladder for use in an emergency evacuation.

DCF 57.40(2)(c)3. 3. If a child under 6 years of age occupies a room on the second floor, the second exit may be an additional stairway to the first floor or grade or an exit to a balcony that is not more than 15 feet above grade with a floor that measures at least 3 feet by 3 feet and a rail that is not more than 36 inches high.

DCF 57.40(2)(d) (d) Habitable rooms above the second floor shall have at least 2 exits that are both stairways to the second floor or to grade or that are to one stairway to the second floor and one stairway to grade. Windows and balconies may not be designated as exits.

DCF 57.40(2)(e) (e) Habitable rooms below grade shall have at least 2 exits. At least one exit shall be a stairway to grade or a door that is below grade level that leads to grade level by an outdoor stairway. The second exit may be either a stairway leading to a first floor above grade or a window that meets the requirements in par. (c) 2.

DCF 57.40(3) (3) Water and sewer.

DCF 57.40(3)(a) (a) Water supply.

DCF 57.40(3)(a)1. 1. The group home shall have an adequate and safe water supply.

DCF 57.40(3)(a)2. 2. If the group home’s water supply is from a private well, the well shall be approved by the department of natural resources. Water samples from an approved well shall be tested at least annually for lead and bacteria by a laboratory certified under ch. ATCP 77. If the group home population includes children under 6 years old or expectant mothers, the water shall be tested as required in s. DCF 57.36 (8) or 57.37 (8), as applicable.

DCF 57.40(3)(b) (b) Sewage. The group home shall have an adequate sewage disposal system. If the group home has a private sewage disposal system, the system shall be approved by the appropriate governmental approving authority.

DCF 57.40(3)(c) (c) Water temperature. The group home shall be equipped with a water heater sufficient to meet the needs of all residents. The hot water delivered to the group home’s sinks, tubs, and showers shall not exceed 110° Fahrenheit.