Chapter DCF 57

DCF 57.40(6)(b)3.d. d. A bedroom that is occupied by a custodial parent and that parent’s child or children shall have the additional square footage required in s. DCF 57.36 (7).

DCF 57.40(6)(b)4. 4. For a group home that is licensed after the effective date of this rule, January 1, 2006, all of the following shall apply:

DCF 57.40(6)(b)4.a. a. A bedroom that is used by one resident shall have at least 80 square feet of floor space. If the resident is non-ambulatory or uses adaptive devices for ambulating, the bedroom shall have at least 100 square feet of floor space.

DCF 57.40(6)(b)4.b. b. A bedroom that is used by more than one resident shall have a minimum of 60 square feet of floor space for each resident. If either or both of the residents are non-ambulatory or uses adaptive devices for ambulation, the bedroom shall have at least 80 square feet of floor space for each resident.

DCF 57.40(6)(b)5. 5. The minimum space between beds, cribs, and bassinets shall be at least 2 feet. There shall be at least 5 feet of space between bunk beds. The top deck of a bunk bed shall be at least 3 feet below the lowest point of the ceiling and there shall be at least 3 feet between upper and lower bunks.

DCF 57.40(6)(c) (c) Dining areas. Dining areas shall be of sufficient size to permit all residents and staff to sit down for meals at one time.

DCF 57.40(6)(d) (d) Kitchen.

DCF 57.40(6)(d)1. 1. The kitchen shall be equipped with a stove, refrigerator, cooking and eating utensils, and any other appliance or utensil that may be required to meet the needs of each resident.

DCF 57.40(6)(d)2. 2. Each refrigerator and freezer shall be equipped with a clearly visible, accurate thermometer. Refrigerators shall be maintained at 40° Fahrenheit or lower. Freezers shall be maintained at 0° Fahrenheit or lower.

DCF 57.40(6)(e) (e) Storage space. A group home shall have storage space to accommodate clothing and other personal items of each resident of the group home.

DCF 57.40(6)(f) (f) Study areas. There shall be a quiet area in the group home suitable for study.

DCF 57.40(6)(g) (g) Laundry. Laundry facilities shall be available to meet the needs of all residents. Any laundry equipment in the group home shall be installed and vented in accordance with the manufacturer’s recommendations.

DCF 57.40(7) (7) Stairways. Each stairway shall have a handrail.

DCF 57.40 History History: CR 04-067: cr. Register September 2005 No. 597, eff. 1-1-06; corrections in (3) (a) 2., (6) (a) 2. and (b) 3. d. made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; correction in (3) (a) 2. made under s. 13.92 (4) (b) 7., Stats., Register August 2011 No. 668; EmR1106: emerg. cr. (7), eff. 9-16-11; CR 11-026: cr. (7) Register December 2011 No. 672, eff.1-1-12.

DCF 57.41 DCF 57.41 General safety precautions.

DCF 57.41(1) (1) Windows and doors that are used for ventilation shall be properly screened.

DCF 57.41(2) (2) Electrical systems and appliances shall be in good repair and properly protected.

DCF 57.41(3) (3) Tubs and showers shall have safety strips or other non-slip surfaces applied to prevent slipping.

DCF 57.41(4) (4) Group homes constructed on or after the effective date of this chapter, January 1, 2006, shall provide ground fault outlets for any electrical outlet within 6 feet of a water source in bathrooms, kitchens, laundry rooms, basements, in the garage and on the exterior of the group home.

DCF 57.41(5) (5) Staff members and volunteers shall use universal precautions when exposed to blood and blood containing body fluids and tissue discharges.

DCF 57.41(6) (6) The indoor and outdoor premises shall be free of hazards.

DCF 57.41(7) (7) There shall be no flaking or deteriorating paint on exterior or interior surfaces.

DCF 57.41(8) (8) No lead based paint or other toxic finishing material may be used on the premises of the group home.

DCF 57.41(9) (9) Stairways, halls, and aisles shall be maintained in good repair, adequately lighted and free from obstacles.

DCF 57.41(10) (10) Stairs shall have a non-slip surface.

DCF 57.41(11) (11) Exterior stairs, walks, ramps and porches shall be maintained in a safe condition and free from the accumulation of water, ice, or snow.

DCF 57.41(12) (12) Dangerous equipment and harmful substances unnecessary for the operation of the group home may not be kept on the premises. All necessary but potentially dangerous equipment, toxic substances and medications shall be kept inaccessible to residents.

DCF 57.41 History History: CR 04-067: cr. Register September 2005 No. 597, eff. 1-1-06.

DCF 57.42 DCF 57.42 Fire safety.

DCF 57.42(1) (1) Smoke detection.

DCF 57.42(1)(a) (a) Each group home shall have a smoke detection system. The system shall be an electrically interconnected system listed by Underwriter’s Laboratory or a radio signal-emitting system which has at least one centrally mounted alarm horn which, when activated can be heard throughout the premises.

DCF 57.42(1)(b) (b) A smoke detector shall be located at each of the following locations in the home:

DCF 57.42(1)(b)1. 1. Head of every open stairway.

DCF 57.42(1)(b)2. 2. Next to doors leading to every enclosed stairway on each floor level.

DCF 57.42(1)(b)3. 3. Every hall. Smoke detectors located in a hall shall not be spaced more than 30 feet apart nor more than 15 feet from any wall.

DCF 57.42(1)(b)4. 4. Common use rooms, including living rooms, dining areas, lounges, family rooms and recreation rooms, except the kitchen.

DCF 57.42(1)(b)5. 5. Bedrooms.

DCF 57.42(1)(b)6. 6. Basement.

DCF 57.42(1)(b)7. 7. Attic, if accessible.

DCF 57.42(1)(c) (c) The smoke detection system shall be tested at least monthly and results documented and kept on file at the group home.

DCF 57.42(1)(d) (d) A smoke detector that is located in a room used as a bedroom may be battery operated, free-standing and separate from the interconnected system.

DCF 57.42(2) (2) Fire evacuation.

DCF 57.42(2)(a) (a) There shall be a diagrammatic floor plan of the group home posted on each floor level of the group home clearly indicating the direction of each exit for emergency evacuation.

DCF 57.42(2)(b) (b) Evacuation drills shall be conducted with residents at least monthly and documented, including the date and time of the drill, the evacuation time and any problems encountered during the drill. An evacuation drill shall be conducted during sleeping hours, or which, simulates sleeping hours at least once every 6 months.

DCF 57.42(2)(c) (c) Staff members shall personally evacuate each resident with limited mobility or having limited understanding regarding evacuation procedures from the group home. If the group home population includes a hearing impaired resident, there shall be written procedures specifying that a staff member shall immediately alert the resident in case of fire.

DCF 57.42(3) (3) Fire extinguishers.

DCF 57.42(3)(a) (a) Each group home shall have a fire extinguisher in the size, type, and location specified by the local fire department. At least one fire extinguisher shall be located in the kitchen and on each floor level of the group home.

DCF 57.42(3)(b) (b) Each extinguisher shall be operable at all times, inspected at least once a year by a qualified fire safety expert and have a label indicating its present condition and date of its last inspection.

DCF 57.42(4) (4) Fire safety inspection. The licensee shall have an annual fire safety inspection. The results of the inspection shall be reported to the department field office that serves the group home as required under s. DCF 57.13 (9).

DCF 57.42 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; EmR1106: emerg. am. (4), eff. 9-16-11; CR 11-026: am. (4) Register December 2011 No. 672, eff. 1-1-12.

DCF 57.425 DCF 57.425 Carbon monoxide detector.

DCF 57.425(1) (1) A group home in a one-unit or two-unit building shall have a functional carbon monoxide detector installed in the basement and on each floor level, except the attic, garage, or storage area of each unit, in accordance with the requirements of s. 101.647, Stats.

DCF 57.425 Note Note: A one-unit building is a single family residence. A two-unit building is a duplex or two-flat.

DCF 57.425(2) (2) A group home in a building with at least 3 units shall have one or more functional carbon monoxide detectors installed in accordance with the requirements of s. 101.149, Stats.

DCF 57.425 History History: EmR1106: emerg. cr., eff. 9-16-11; CR 11-026: cr. Register December 2011 No. 672, eff.1-1-12.

DCF 57.43 DCF 57.43 Furnishings and appliances.

DCF 57.43(1) (1) The living space shall be sufficiently furnished and in a good state of repair, maintained in a clean condition, and shall allow for free and informal use by residents.

DCF 57.43(2) (2) Each bed shall be of such size as to ensure comfort of the resident. Each bed shall have suitable springs in good condition, a clean, comfortable mattress that is covered with a mattress pad and a waterproof covering when necessary, a pillow, at least 2 sheets, a bedspread, and blankets adequate for the season.

DCF 57.43(3) (3) The top bunk of a bunk bed shall not be used by residents with conditions limiting mobility and shall have a safety rail if used by a child under 8 years of age.

DCF 57.43(4) (4) Triple-deck bunk beds shall not be used.

DCF 57.43 History History: CR 04-067: cr. Register September 2005 No. 597, eff. 1-1-06.

DCF 57.44 DCF 57.44 Sanitation.

DCF 57.44(1) (1) All garbage containing food waste shall be kept in covered, non-combustible watertight containers. Garbage shall be removed from the group home daily.

DCF 57.44(2) (2) Dishes, silverware, and utensils shall be maintained and stored in a clean and sanitary manner. Eating and drinking utensils shall be thoroughly cleaned with detergent and hot water and rinsed after each use.

DCF 57.44(3) (3) Single service dinnerware and utensils shall not be used at meals on a regular basis and may not be re-used.

DCF 57.44(4) (4) All bed linens shall be changed at least once a week or more often if necessary.

DCF 57.44 History History: CR 04-067: cr. Register September 2005 No. 597, eff. 1-1-06.

subch. VI of ch. DCF 57 Subchapter VI — Licensing and Enforcement

DCF 57.45 DCF 57.45 Group home location.

DCF 57.45(1) (1) A person who operates a group home shall be licensed by the department pursuant to this chapter and s. 48.625, Stats. Only one group home license may be issued for any one location.

DCF 57.45(2) (2) For each location proposed for licensure by an applicant in sub. (1), the individual, corporation, or agency as applicable shall make a good faith effort to establish and maintain a community advisory committee as specified in s. 48.68 (4), Stats.

DCF 57.45 History History: CR 04-067: cr. Register September 2005 No. 597, eff. 1-1-06.

DCF 57.46 DCF 57.46 Other licenses and uses. Upon licensure, a licensee may not accept any other license, including a child welfare or child care license, perform a service, or conduct a business on the premises, or combine group home activities with any service or business owned or operated by the licensee without the written approval of the department.

DCF 57.46 History History: CR 04-067: cr. Register September 2005 No. 597, eff. 1-1-06.

DCF 57.47 DCF 57.47 Group home capacity limits. The combined total of the number of residents residing in a family-operated group home and the number of children of the licensee shall not exceed 10.

DCF 57.47 History History: CR 04-067: cr. Register September 2005 No. 597, eff. 1-1-06.

DCF 57.48 DCF 57.48 General conditions for approval of application.

DCF 57.48(1) (1) Any person licensed to operate a group home shall be a responsible, mature individual who is fit and qualified.

DCF 57.48 Note Note: The term “fit and qualified” is defined in s. DCF 57.04 (15) to mean displaying the capacity to successfully nurture and care for children and shall not include a history of a civil action, criminal conviction or administrative rule violation that substantially relates to the care of a child; a history of exercising unsound judgment; or abuse of 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 57.48(1m) (1m) In determining whether an applicant is fit and qualified, the department may consider any of the circumstances in ss. DCF 57.50 (1), 57.56 (1), and 57.57 (1) (a) by an owner, agent, staff member, household member, or other individual directly or indirectly participating in the operation of the group home.

DCF 57.48(2) (2) If the department has reason to believe that the physical health or mental health of an applicant, licensee, or household member may endanger a resident, the department may issue a denial or revocation of the license or 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 57.48 History History: CR 04-067: cr. Register September 2005 No. 597, eff. 1-1-06; correction in (1m) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635.

DCF 57.485 DCF 57.485 Determination of need.

DCF 57.485(1) (1) Need determination before license application. No person may apply for a license to operate a new group home or for an amendment to a license that would increase the bed capacity of an existing group home until the department has reviewed the need for the additional placement resources that would be made available by the issuance or amendment of the license and has certified in writing that a need exists for the proposed additional placement resources.

DCF 57.485(2) (2) Documentation of need. An applicant for a determination of need under sub. (1) shall submit all of the following documents to the department:

DCF 57.485(2)(a) (a) A statement of support by one or more counties, the division of Milwaukee child protective services, or the department of corrections stating that the proposed additional placement resources are needed.

DCF 57.485(2)(b) (b) A detailed description of the why there is a need for this particular group home and any facts that support the applicant’s assertion for that need.

DCF 57.485(2)(c) (c) A detailed plan for the operation of the proposed group home that includes all of the following:

DCF 57.485(2)(c)1. 1. The number, sex, and age range of the children to be served.