Chapter DCF 59

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.

DCF 59.03(2)(d)2.b. b. No member of this board shall be an employee of the corporation or the spouse of an employee, unless the corporation is a non-profit, non-stock corporation incorporated in Wisconsin for the sole purpose of operating one shelter care facility.

DCF 59.03(2)(d)3. 3. The board shall:

DCF 59.03(2)(d)3.a. a. Establish written procedures for operation of the facility under the direction of the juvenile court judge and the superintendent of shelter care of the county in which the facility is located, or the committee of judges when 2 or more counties cooperated to provide shelter care.

DCF 59.03(2)(d)3.b. b. Exercise trusteeship for property, investments, and protection from liability.

DCF 59.03(2)(d)3.c. c. Approve the budget and be responsible for obtaining and disbursing funds.

DCF 59.03(2)(d)3.d. d. Designate an executive and delegate to the executive responsibility for the administration of all shelter care facilities operated by the corporation.

DCF 59.03(2)(d)3.e. e. Establish a plan for maintaining a continuing relationship with the community in which the facility is located for the purpose of promoting a better understanding and acceptance of the shelter care facility.

DCF 59.03(2)(d)3.f. f. The board shall contain 2 seats for persons 17 years of age or younger who may vote on all issues relating to the care of children in shelter care.

DCF 59.03(2)(d)4. 4. Financial arrangements.

DCF 59.03(2)(d)4.a. a. The board with the executive shall be responsible for the secure and judicious use of funds for shelter care. Policies and practices shall be in accord with sound budgeting, disbursement and audit control procedures.

DCF 59.03(2)(d)4.b. b. Each corporation shall have a sound written plan of financing to assure sufficient funds to enable it to carry out its defined purposes and to provide proper care.

DCF 59.03(2)(d)4.c. c. The corporation shall maintain a system of business management and staffing to assure maintenance of complete and accurate accounts, books and records.

DCF 59.03(2)(d)4.d. d. Upon request, the corporation shall provide the department with a confidential balance sheet and financial records or financial statements.

DCF 59.03(2)(d)5. 5. Operation of multiple facilities.

DCF 59.03(2)(d)5.a. a. Corporations which apply for licenses to operate more than one facility shall provide in addition to the information required for licensing individual facilities, any information specified by the department which demonstrates the ability of the corporation to operate multiple facilities.

DCF 59.03(2)(d)5.b. b. The department may deny licensure for one or more facilities operated by a corporation or may sanction any one or more facilities, or, for cause, may sanction or deny licensure to the corporation as a whole.

DCF 59.03(2)(e) (e) Individually operated facilities. An individual or individuals applying for a license to operate a private shelter care facility shall include with their application a proposed budget for the facility, indicating expected sources of income and projects costs.

DCF 59.03(3) (3) Responsibility to superintendent of shelter care.

DCF 59.03(3)(a) (a) Each county operating a hold-over room or other shelter care facility shall appoint a superintendent of shelter care. The superintendent of shelter care may be at the same time the unit supervisor of a hold-over room or other public shelter care facility.

DCF 59.03(3)(b) (b) The unit supervisor of any private or public shelter care facility and the executive of any corporation operated shelter care facility shall be responsible to the superintendent of shelter care for implementing the policies established by the juvenile court judge pursuant to s. 938.22 (1) (b) and (3) (a), Stats.

DCF 59.03 Note Note: For copies of any forms required under this chapter, including license application forms, F-82064, CFS-0384 and JI-03, contact a regional licensing representative of the Department’s Division of Safety and Permanence, or write Bureau of Permanence and Out-of-Home Care, P.O. Box 8916, Madison, WI 53708-8916.

DCF 59.03 History History: Cr. Register, June, 1978, No. 270, eff. 7-1-78; renum. from PW-CY 45.02 and am. (3) (b), Register, December, 1982, No. 324, eff. 1-1-83; emerg. r. and recr. (1) (a) 1., 2., (3) (a), eff. 12-1-93, r. and recr. (1) (a) 1., 2., (3) (a), Register, September, 1994, No. 465, eff. 10-1-94; correction in (3) (b) made under s. 13.93 (2m) (b) 7., Stats., Register, December, 1999, No. 528.

DCF 59.04 DCF 59.04 Personnel.

DCF 59.04(1) (1) Qualifications of shelter care workers, hold-over room attendants and relief help.

DCF 59.04(1)(a) (a) Personal qualifications. Shelter care workers, relief help, volunteers and hold-over room attendants shall be responsible, mature individuals of reputable character who exercise sound judgment and display the capacity to provide good care for children.

DCF 59.04(1)(b) (b) Health.

DCF 59.04(1)(b)1. 1. Every shelter care worker, relief help, volunteer and hold-over room attendant and any person who may be residing in a shelter care facility shall be in good physical and mental health so that the health of the children or the quality and manner of their care will not be adversely affected.

DCF 59.04(1)(b)2. 2. If there is reason to believe that the physical or mental health of any shelter care worker, relief help, volunteer or hold-over room attendant or any person who may be residing in a shelter care facility might endanger children in care, the department may require an alcohol and other drug abuse assessment or a physical health or mental health evaluation of the person by a physician or other health care professional as a condition for continued employment or service or residence in the facility. The physician or other health care professional who performs the assessment or evaluation shall submit a written statement to the department that describes the condition of the person and possible effects of that condition on children in care.

DCF 59.04(1)(b)3. 3. Before beginning employment or service in a shelter care facility, a person shall receive a health examination covering the areas included in department form CFS 384. This requirement does not apply to a person who will work as a volunteer in contact with children for not more than 10 hours a week or as a hold-over room attendant. A person who will work as a volunteer in contact with children for not more than 10 hours a week or as a hold-over room attendant shall have received a tuberculin skin test without positive findings within 90 days before beginning employment or service.

DCF 59.04(1)(c) (c) Education and training.

DCF 59.04(1)(c)1. 1. Shelter care workers shall either:

DCF 59.04(1)(c)1.a. a. Have had one or more years of experience as foster parents, institutional houseparents, or other relevant child care experience, or

DCF 59.04(1)(c)1.b. b. Have successfully completed not less than 24 hours of relevant training in accordance with plan formulated by the applicant or licensee and approved by the department, or

DCF 59.04(1)(c)1.c. c. Agree to complete such training as specified in preceding subd. 1. b. within a period not to exceed one year from the time of initial licensure or employment.

DCF 59.04(1)(c)2. 2. Shelter care workers shall participate in ongoing in-service training of at least 15 hours a year in accordance with a plan formulated by the licensee and approved by the department.

DCF 59.04(1)(c)3. 3. Before a hold-over room attendant may provide care for a resident, the attendant shall complete at least 12 hours of training approved by the department on managing a hold-over room and providing care for residents, to include at least the following:

DCF 59.04(1)(c)3.a. a. Suicide prevention.

DCF 59.04(1)(c)3.b. b. Adolescent development.

DCF 59.04(1)(c)3.c. c. Adolescent behavior.

DCF 59.04(1)(c)3.d. d. Child abuse and neglect reporting laws.

DCF 59.04(1)(c)3.e. e. Effects of alcohol and drug abuse.

DCF 59.04(1)(c)3.f. f. Policies and procedures for operating the hold-over room.

DCF 59.04(1)(c)3.g. g. Crisis intervention techniques.

DCF 59.04(1)(d) (d) First aid training.

DCF 59.04(1)(d)1. 1. Each shelter care worker and hold-over room attendant shall have successfully completed a course in first aid, including cardiopulmonary resuscitation (CPR), acceptable to the department, unless the shelter care worker or hold-over room attendant has access to a person on the premises who is readily available and has completed a course in first aid, including cardiopulmonary resuscitation (CPR).

DCF 59.04(1)(d)2. 2. Each shelter care worker, hold-over room attendant, or trained person on the premises under subd. 1. shall successfully complete a first aid course acceptable to the department at least once in each consecutive 3-year period.

DCF 59.04(2) (2) Volunteers.

DCF 59.04(2)(a) (a) If volunteers are used, the licensee shall assign an appropriate staff member to:

DCF 59.04(2)(a)1. 1. Develop a plan for screening and orientation and use of volunteers and

DCF 59.04(2)(a)2. 2. Supervise and evaluate volunteers.

DCF 59.04(2)(b) (b) Volunteers, except those working as hold-over room attendants, who are in regular contact with children in shelter care more than 10 hours per week shall meet all health requirements for shelter care workers.

DCF 59.04(3) (3) Unit supervisors.

DCF 59.04(3)(a) (a) In family and small group shelter care facilities the unit supervisor shall meet the requirements for shelter care workers under sub. (1). For hold-over rooms, the unit supervisor shall meet the requirements for hold-over room attendants under sub. (1).

DCF 59.04(3)(b) (b) In large group shelter care facilities, the unit supervisor shall meet the requirements for shelter care workers, and in addition shall:

DCF 59.04(3)(b)1. 1. Have at least 3 years experience as a foster parent, institutional houseparent, or other relevant child care experience.

DCF 59.04(3)(b)2. 2. Have at least 2 years experience in an administrative or supervisory capacity.

DCF 59.04(3)(b)3. 3. During the first year as unit supervisor demonstrate the ability to satisfactorily manage the facility.

DCF 59.04(3m) (3m) RPPS decision makers. A shelter care facility shall ensure that an individual specified in s. DCF 59.055 (2) (b) successfully completes training on the application of the reasonable and prudent parent standard prior to making a reasonable and prudent parenting decision.

DCF 59.04(4) (4) Other personnel. In addition to shelter care workers, relief help, and volunteers, unit supervisors may employ other staff such as cooks, janitors, launderers, housekeepers, etc. as needed, to carry out daily housekeeping functions.

DCF 59.04(5) (5) Staffing patterns.

DCF 59.04(5)(a) (a) Family care staffing and shift staffing.

DCF 59.04(5)(a)1. 1. The licensee shall not schedule relief help or volunteers to serve the purpose of replacing shelter care workers as the usual and primary providers of care and supervision of the children in the shelter care facility. In small and large group shelter care facilities, at the request of the department, the licensees shall make available scheduling and time records of all shelter care workers, relief help and volunteers.

DCF 59.04(5)(a)2. 2. There shall be at least 2 shelter care workers for each shelter care facility and one hold-over room attendant for each hold-over room in use. The hold-over room attendant shall be of the same sex as the occupant of the hold-over room.

DCF 59.04(5)(a)3. 3. There shall be a written and workable plan for contacting another shelter care worker, relief help individual, hold-over room attendant or other responsible adult when an emergency occurs at a time when only one shelter care worker, relief help individual or hold-over room attendant is in the facility.

DCF 59.04(5)(b) (b) Family care staffing only.

DCF 59.04(5)(b)1. 1. One of the shelter care workers shall not have responsibilities unrelated to the shelter care facility program in excess of 10 hours per week. The second shelter care worker may have responsibilities away from the shelter care facility for more than 10 hours per week, but shall be otherwise available and make constructive contributions to the facility program.