Chapter DCF 59

Ch. DCF 59 Note Note: Chapter HSS 59 was renumbered ch. HFS 59 under s. 13.93 (2m) (b) 1., Stats., and corrections made under s. 13.93 (2m) (b) 6. and 7., Stats., Register, December, 1999, No. 528. Chapter HFS 59 was renumbered to chapter DCF 59 under s. 13.92 (4) (b) 1., Stats., Register November 2008 No. 635.

DCF 59.01 DCF 59.01 Introduction.

DCF 59.01(1) (1) Purpose. The purpose of this chapter is to protect and promote the health, safety and welfare of children in shelter care facilities.

DCF 59.01(2) (2) To whom the rules apply. This chapter applies to all persons making application to the department for a license to provide shelter care.

DCF 59.01(3) (3) Responsibility of the department. The department shall evaluate the applicant, issue a license if the applicant is qualified, and supervise the licensee to ensure continued compliance with this chapter.

DCF 59.01(4) (4) Exception to rules. The department may make exceptions to any of the rules for licensing shelter care facilities when the department is assured that granting such exceptions is not detrimental to the health, safety and welfare of children in shelter care, except that exceptions may not be made to s. DCF 59.03 (2) (b) or to s. DCF 59.05 (2) or (3).

DCF 59.01(5) (5) Compliance with administrative rules and laws.

DCF 59.01(5)(a) (a) A person who is licensed under this chapter shall operate the shelter care facility in compliance with this chapter, the provisions of the license, and applicable state, federal, and local law.

DCF 59.01(5)(b) (b) A shelter care facility for more than 8 children shall comply with the Wisconsin Commercial Building Code and applicable local ordinances.

DCF 59.01(6) (6) Types of facilities.

DCF 59.01(6)(a) (a) There shall be 4 types of shelter care facilities:

DCF 59.01(6)(a)1. 1. Hold-over rooms for one or 2 children;

DCF 59.01(6)(a)2. 2. Family shelter care facilities that house from one to 4 children;

DCF 59.01(6)(a)3. 3. Small group shelter care facilities that house 5 to 8 children; and

DCF 59.01(6)(a)4. 4. Large group shelter care facilities that house 9 to 20 children.

DCF 59.01(6)(b) (b) Any shelter care facility licensed or approved by the department under rules for licensing child welfare institutions to house more than 20 children at the time this chapter goes into effect may continue to house the number of children for which it has been approved.

DCF 59.01(7) (7) Individually licensed. All shelter care facilities shall be individually licensed, even though more than one may be owned or operated by the same person.

DCF 59.01(8) (8) Multiple licensing. A facility licensed under s. 48.62 or 48.625, Stats., as a family foster home or group home by a county department of social services or the department may be licensed to concurrently provide shelter care as long as the applicant can show to the satisfaction of the department that the facility is capable of providing both types of care without lowering the level or services for any resident of the facility. Persons operating a facility with multiple licenses shall designate particular beds within the living unit for each type of service provided.

DCF 59.01 History History: Cr. Register, December, 1982, No. 324, eff. 1-1-83; emerg. r. and recr. (6) (a), eff. 12-1-93, r. and recr. (6) (a), Register, September, 1994, No. 465, eff. 10-1-94; correction in (5) made under s. 13.93 (2m) (b) 7., Stats., Register, December, 1999, No. 528; correction in (5) made under s. 13.93 (2m) (b) 7., Stats.; CR 04-040: r. and recr. (5) Register December 2004 No. 588, eff. 1-1-05; correction in (4) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635.

DCF 59.02 DCF 59.02 Definitions. In this chapter:

DCF 59.02(1) (1) “Age or developmentally appropriate activities” means activities that are generally accepted as suitable for children of a given 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 a given age or age group or, in the case of a specific child, activities that are suitable for the child based on the cognitive, emotional, physical, and behavioral capacities of that child.

DCF 59.02(1m) (1m) “Child” means an individual under 18 years of age, and refers both to a child placed for shelter care and to any other individual under 18 years of age living in the shelter care facility.

DCF 59.02(2) (2) “Department” means the Wisconsin department of children and families.

DCF 59.02(3) (3) “Executive” means the individual designated by the board of a corporation to be primarily responsible for the administration of all shelter care facilities operated by the corporation.

DCF 59.02(4) (4) “Family care staffing” means that at least one shelter care worker, whether an independent operator or an employee of a licensee, has the facility as a primary domicile.

DCF 59.02(4c) (4c) “Family interaction plan” means a plan developed by a placing agency to promote a child’s interaction with members of the child’s family and includes interaction by face-to-face contact; telephone calls; letters; emails; and attendance at routine activities, such as counseling sessions, medical appointments, school events, and faith-related activities.

DCF 59.02(4g) (4g) “Hold-over room” means a nonsecure room in a county government facility, the purpose of which is to provide a safe environment for holding a child to facilitate the child’s appearance at a court hearing within 24 hours or over the weekend if the child is placed in the hold-over room on a Friday or on the weekend, or to transport the child to another facility within 24 hours.

DCF 59.02(4m) (4m) “Hold-over room attendant” means a staff person or volunteer who provides care and supervision of the occupant or occupants of a hold-over room.

DCF 59.02(5) (5) “Licensee” means the person who is primarily responsible for the operation of a facility and who is licensed by the department to operate the facility.

DCF 59.02(6) (6) “Licensing agency” means the department.

DCF 59.02(6g) (6g) “Nonsecure” means a child is not held or prevented from leaving against the child’s will.

DCF 59.02(6m) (6m) “Normalcy” means the ability to easily engage in healthy and age or developmentally appropriate activities that promote well-being, such as participation in social, scholastic, and enrichment activities.

DCF 59.02(7) (7) “Person” means any individual, partnership, association, corporation or public agency other than the department.

DCF 59.02(8) (8) “Privately-operated shelter care facility” means a facility operated by persons who are not county employees and from whom a county board of supervisors purchases services pursuant to s. 938.22 (5), Stats.

DCF 59.02(9) (9) “Publicly-operated shelter facility” means a facility operated by a county board of supervisors pursuant to s. 938.22 (1), Stats.

DCF 59.02(9g) (9g) “Reasonable and prudent parent standard” means a standard for use in making decisions regarding a child’s participation in age or developmentally appropriate extracurricular, enrichment, cultural, and social activities that is characterized by careful and sensible parental decisions that maintain the health, safety, best interests, and cultural, religious, and tribal values of the child while at the same time encouraging the emotional and developmental growth of the child.

DCF 59.02(10) (10) “Relief help” means an individual who is used to replace shelter care workers on an unscheduled basis and for a few hours or few days at a time. An individual regularly scheduled to replace shelter care workers on days off or for vacations and other prolonged periods is not relief help but an additional shelter care worker.

DCF 59.02(10m) (10m) “RPPS decision maker” means an individual who has successfully completed training on the application of the reasonable and prudent parent standard and makes reasonable and prudent parenting decisions under s. DCF 59.055.

DCF 59.02(11) (11) “Shelter care” means short-term, nonsecure residential care and physical custody of children pending court action. “Short-term”means a maximum of 30 days for each episode, with extension for up to another 30 days as provided in s. DCF 59.05 (3) (b), except that for a hold-over room “short-term” means not longer than 24 hours or, if the placement is made on a Friday or on the weekend, not longer than over the weekend until the following Monday.

DCF 59.02(12) (12) “Shelter care worker” means an individual who provides primary care and supervision of children in a shelter care facility on a regular schedule, either on a full-time or part-time basis, but not a hold-over room attendant.

DCF 59.02(13) (13) “Shift staffing” means that all shelter care workers employed by the licensee provide care on a rotating or shift basis in the shelter care facility.

DCF 59.02(14) (14) “Superintendent” means an individual designated pursuant to s. 938.22 (3), Stats., by the juvenile court judge or, when 2 or more counties cooperate to provide shelter care, by a committee of juvenile court judges, to supervise the provision of shelter care within a county.

DCF 59.02(15) (15) “Unit supervisor” means the individual in a shelter care facility who is primarily responsible for supervising the day-to-day activities of that facility.

DCF 59.02(16) (16) “Volunteer” means any individual providing services to the shelter care facility who receives no monetary reimbursement for services. Payment for out-of-pocket expenses is not considered reimbursement for services.

DCF 59.02 History History: Cr. Register, December, 1982, No. 324, eff. 1-1-83; emerg. cr. (4g), (4m), (6g), emerg. am. (11), (12), eff. 12-1-93, cr. (4g), (4m), (6g), am. (11), (12), Register, September, 1994, No. 465, eff. 10-1-94; correction in (11) made under s. 13.93 (2m) (b) 7., Stats., Register, September, 1994, No. 465; corrections in (8), (9) and (14) made under s. 13.93 (2m) (b) 7., Stats., Register, December, 1999, No. 528; correction in (8) made under s. 13.93 (2m) (b) 7., Stats., Register December 2004 No. 588; corrections in (2) and (11) made under s. 13.92 (4) (b) 6. and 7., Stats., Register November 2008 No. 635; EmR1633: emerg. renum. (1) to (1m), cr. (1), (4c), (9g), (10m), eff. 11-18-16; CR 16-051: renum. (1) to (1m), cr. (1), (4c), (9g), (10m) Register July 2017 No. 739, eff. 8-1-17; CR 21-107: am. (6g), (6m) Register June 2022 No. 798, eff. 7-1-22.

DCF 59.03 DCF 59.03 Administration and management.

DCF 59.03(1) (1) Publicly operated facilities.

DCF 59.03(1)(a) (a) Application.

DCF 59.03(1)(a)1. 1.

DCF 59.03(1)(a)1.a. a. A county wanting to operate a public shelter care facility, including a hold-over room, shall apply to the department for a license on forms provided by the department. The application shall be signed by the chairperson of the county board of supervisors and the presiding juvenile court judge. A hold-over room license applicant shall be a county department under s. 46.15, 46.22 or 46.23, Stats., or a county sheriff’s department, as designated by the chairperson of the county board and the judge of the juvenile court.

DCF 59.03 Note Note: An application for a license may be obtained by writing or telephoning any field office listed in Appendix A.

DCF 59.03(1)(a)1.b. b. Except in the case of a hold-over room, 2 or more counties may cooperate to provide shelter care. A joint application shall be signed by the chairperson of the county boards of supervisors and the presiding juvenile court judges for all of the cooperating counties.

DCF 59.03(1)(a)2. 2.

DCF 59.03(1)(a)2.a. a. A county may apply to operate more than one family, small group or large group shelter care facility, but a separate application shall be submitted for each facility and each facility shall be licensed separately.

DCF 59.03(1)(a)2.b. b. A county may apply to operate one or more hold-over rooms in the county under one license.

DCF 59.03(1)(a)3. 3. If the applicant meets the requirements contained in these rules, a license shall be issued which specifies the location of the shelter care facility, the sex, age and number of children it may receive, and the expiration date and any other conditions placed on the facility.

DCF 59.03(1)(a)4. 4. Application for license renewal shall be submitted by the licensee at least 60 days prior to the expiration of the current license and 30 days prior to any change in the location of the facility.

DCF 59.03(1)(a)5. 5. A licensee shall provide with the first application and renewal any information specified by the department to demonstrate that the facility meets the requirements of these rules.

DCF 59.03(1)(a)6. 6. The application should also include the name and address of the superintendent of the shelter care for the county(s) served, and the name and address of the unit supervisor of the facility.

DCF 59.03(1)(b) (b) Insurance.

DCF 59.03(1)(b)1. 1. Persons making application for a license to operate a public shelter care facility shall provide the department with information indicating the manner in which the facility will insure its liability risks and protect its assets.

DCF 59.03(1)(b)2. 2. The licensee will be responsible for obtaining protection for any liability which may result when children are being transported by the licensee or its agents.

DCF 59.03(1)(c) (c) Financial records. The publicly operated shelter care facility shall upon request provide the department with financial records or statements relating to the financial operation of the facility.

DCF 59.03(2) (2) Privately operated shelter care facilities.

DCF 59.03(2)(a) (a) Application.

DCF 59.03(2)(a)1. 1. Persons applying for a license to operate a private shelter care facility shall do so on forms provided by the department. The application shall be signed by the individual or authorized representative of the corporation making application and counter-signed by the juvenile court judges of the county(s) in which the person intends to operate the facility.

DCF 59.03 Note Note: An application for a license may be obtained from the department’s website at https:/dcf.wisconsin.gov or by writing or telephoning any field office listed in Appendix A.

DCF 59.03(2)(a)2. 2. Corporations may apply to operate one or more family, small group or large group shelter care facilities, but each facility shall be licensed separately.

DCF 59.03(2)(a)3. 3. Individuals may apply to operate only one family or small group shelter care facility.

DCF 59.03(2)(a)4. 4. If the applicant meets the requirements contained in the rules, a license shall be issued which specifies the location of the shelter care facility, the sex, age and number of children it may receive, the expiration date and any other conditions placed on the facility.

DCF 59.03(2)(a)5. 5. A new application for license renewal shall be submitted by the licensee at least 60 days prior to expiration of the current license or 30 days prior to any change in the name of the licensee or location of the facility.

DCF 59.03(2)(a)6. 6. The following materials shall accompany the first application for a license.

DCF 59.03(2)(a)6.a. a. Copies of the articles of incorporation, constitution and by-laws of a corporation applying for licensure.

DCF 59.03(2)(a)6.b. b. Information as specified by the department to demonstrate that the facility meets the requirements of these rules.

DCF 59.03(2)(a)6.c. c. The applicant shall provide evidence of the availability of funds to carry the shelter care facility through the first 6 months of operation. Such evidence is not limited to actual cash or credit but may be evidence of the intent of the juvenile court to use the shelter care facility to the extent that a minimum necessary population will be maintained.

DCF 59.03(2)(a)7. 7. The name, addresses and titles of the board members and the name of the executive of a corporation applying for a license, and the name and address of the superintendent(s) of shelter care for the county(s) served, and of the unit supervisor for the facility.

DCF 59.03(2)(b) (b) Written agreement. Any person applying for a license to operate a private shelter care facility shall present with the application a written agreement between the person making application and the chairperson(s) of the county board(s) and the judge(s) of the juvenile court(s) of the county(s) in which service will be provided. The agreement must provide, in addition to any other condition established by the parties that:

DCF 59.03(2)(b)1. 1. The person operating the facility(s) will only accept into care those children referred by the juvenile court(s) of the county(s) served, or whose placement is approved by the court(s).

DCF 59.03(2)(b)2. 2. The person operating the facility(s) will act under the jurisdiction and supervision of the juvenile court(s) of the county(s) served, and will abide by any policies established by the court(s) which are not in conflict with these rules.

DCF 59.03(2)(b)3. 3. In addition, the agreement shall specify the financial and other responsibilities of each party.

DCF 59.03(2)(c) (c) Insurance.

DCF 59.03(2)(c)1. 1. All licensees shall carry sufficient forms and amounts of available insurance to insure the liability risks of the facility in the provision of services and to give reasonable protection to its assets.

DCF 59.03(2)(c)2. 2. All licensees shall be responsible for providing liability insurance for all situations in which children are transported by the licensee or its agents.

DCF 59.03(2)(d) (d) Corporation operated shelter facilities.

DCF 59.03(2)(d)1. 1. Incorporation.

DCF 59.03(2)(d)1.a. a. Any body of persons wishing to operate a corporation operated shelter care facility or series of shelter care facilities shall be incorporated in accordance with the laws of the state of Wisconsin.

DCF 59.03(2)(d)1.b. b. Any corporation which is incorporated outside of Wisconsin shall secure authorization from the secretary of state to do business in Wisconsin.

DCF 59.03(2)(d)2. 2. Board of directors.

DCF 59.03(2)(d)2.a. a. Each corporation shall be governed by a board of directors which is responsible for the operation of the corporation according to its defined purpose.