Chapter DCF 59

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.

DCF 59.04(5)(b)2. 2. The number of children shelter care workers may receive for care plus the number of shelter care workers’ own children who live in the household shall not exceed a combined total of 10.

DCF 59.04(5m) (5m) Personnel policies. The licensee shall provide written personnel polices and procedures and any updates to them to persons employed as shelter care workers who work more than 10 hours per week. The personnel policies and procedures shall cover salary provisions, fringe benefits such as vacation time, sick leave, overtime, leaves of absence, retirement plan, if any, and insurance coverage, probationary period, if any, staffing schedule, job description defining specific duties, evaluation standards, chain of command, grievance procedures and termination procedures.

DCF 59.04(6) (6) Personnel files.

DCF 59.04(6)(a) (a) Shelter care workers. A licensee shall maintain a personnel file on each shelter care worker, except relief help employed 10 or less hours per week, that includes the following:

DCF 59.04(6)(a)1. 1. Name and address.

DCF 59.04(6)(a)2. 2. Date of birth.

DCF 59.04(6)(a)3. 3. A statement of the employee’s qualifications, including education, training and experience.

DCF 59.04(6)(a)4. 4. A report on references and the background check information specified in par. (c).

DCF 59.04(6)(a)5. 5. Job description.

DCF 59.04(6)(a)6. 6. Duties, terms of employment and immediate supervisor.

DCF 59.04(6)(a)7. 7. Health record.

DCF 59.04(6)(a)8. 8. Training records.

DCF 59.04(6)(a)9. 9. Annual and termination evaluations.

DCF 59.04(6)(b) (b) Relief help, volunteers and hold-over room attendants. A licensee shall maintain a record on each relief help employed 10 or less hours a week, each volunteer and each hold-over room attendant. The record shall be made available to the department upon request. The record shall include for each relief help, volunteer and hold-over room attendant:

DCF 59.04(6)(b)1. 1. Name and address.

DCF 59.04(6)(b)2. 2. Date of birth.

DCF 59.04(6)(b)3. 3. Health record, if required under sub. (1) (b) 2.

DCF 59.04(6)(b)4. 4. Dates and hours employed or volunteered.

DCF 59.04(6)(b)5. 5. Job description

DCF 59.04(6)(b)6. 6. Training records.

DCF 59.04(6)(b)7. 7. A report on references and the background check information specified in par. (c).

DCF 59.04(6)(bm) (bm) RPPS decision makers. A licensee shall maintain a record of each RPPS decision maker’s completion of the training required under sub. (3m).

DCF 59.04(6)(c) (c) References and background checks.

DCF 59.04(6)(c)1. 1. The report on references under pars. (a) 4. and (b) 7. shall include:

DCF 59.04(6)(c)1.a. a. Character references from at least 2 persons and references from previous employers.

DCF 59.04(6)(c)1.b. b. Documentation of references either by letter or verification in the record of verbal contact, giving dates, individual making contact, individuals contacted and the content.

DCF 59.04(6)(c)2. 2. A completed and current background information disclosure on a form prescribed by the department.

DCF 59.04(6)(c)3. 3. A state criminal records check on each applicant before allowing that person to work at the shelter care facility. If the person lived in another state, a criminal records check shall be requested from that state.

DCF 59.04 Note Note: DCF-F-2978-E, Background Information Disclosure, is available in the forms section of the department’s website at http://dcf.wisconsin.gov or by writing or calling any field office listed in Appendix A.

DCF 59.04(6)(d) (d) Availability of file. Any personnel file shall be made available upon request to the department and the employee or volunteer on whom the file is maintained.

DCF 59.04(7) (7) Discrimination. The shelter care facility shall be in compliance with ss. 111.31 through 111.37, Stats., Title VI of the Civil Rights Act of 1964 as amended by the Equal Employment Opportunity Act of 1972.

DCF 59.04 History History: Cr. Register, June, 1978, No. 270, eff. 7-1-78; renum. from PW-CY 45.03, Register, December, 1982, No. 324, eff. 1-1-83.; am. (1)(b) 3., Register, June, 1983, No. 330, eff. 7-1-83; emerg. r. and recr. (1) (a), (b), (d) 1., (6), emerg. cr. (1) (c) 3., emerg. am. (1) (d) 2., (2) (b), (3) (a), (5) (a) 2., 3., eff. 12-1-93, r. and recr. (1) (a), (b), (d) 1., (6), cr. (1) (c) 3., (5m), am. (1) (d) 2., (2) (b), (3) (a), (5) (a) 2., 3., Register, September, 1994, No. 465, eff. 10-1-94; correction in (6) (c) 2. made under s. 13.92 (4) (b) 6., Stats., Register November 2008 No. 635; EmR1633: emerg. cr. (3m), (6) (bm), eff. 11-18-16; CR 16-051: cr. (3m), (6) (bm) Register July 2017 No. 739, eff. 8-1-17; CR 21-107: am. (1) (d) 2., r. and recr. (6) (a) 4., (b) 7., (c) 2. Register June 2022 No. 798, eff. 7-1-22.

DCF 59.05 DCF 59.05 Child care.

DCF 59.05(1) (1) Applicability. This section applies to all shelter care facilities except that only the provisions of subs. (1m), (3) (a), (4) (a) to (d), (5), (6), (9), (10) (a) and (11) to (14) apply to hold-over rooms.

DCF 59.05(1m) (1m) Admission to shelter care. A child may not be received into shelter care, including into a hold-over room, unless the child has been found eligible for placement by the juvenile court judge or a court intake worker designated by the judge.

DCF 59.05(2) (2) Age of children in shelter care. No child under 10 may be kept in a shelter care facility unless written approval is given by the department within 48 hours after admission excluding weekends and holidays. Children under age 10 shall not be kept in shelter care for more than 7 days per episode.

DCF 59.05(3) (3) Time limits.

DCF 59.05(3)(a) (a) A hold-over room may not hold a child for more than 24 hours, except that a hold-over room may hold a child placed in the hold-over room on a Friday afternoon or evening or over the weekend until the court hearing the following Monday provided that the hold-over room immediately notifies the appropriate division of community services licensing office by telephone or fax of the placement and supplies the following information related to the placement:

DCF 59.05(3)(a)1. 1. Date and time of child’s admission to the hold-over room and date and time of next scheduled court hearing.

DCF 59.05(3)(a)2. 2. Name and age of child and reason why the child was taken into custody.

DCF 59.05(3)(a)3. 3. Explanation of why a weekend stay in the hold-over room is necessary which may be because of the unavailability of a shelter care facility in a bordering county or inability to return the child to the parental home or other reason.

DCF 59.05(3)(a)4. 4. Names of staff and their work schedules covering the weekend along with indoor and outdoor activities planned for the child during the child’s weekend stay.

DCF 59.05(3)(b) (b) A shelter care facility may not keep a child in residence for more than 30 days per episode except:

DCF 59.05(3)(b)1. 1. An extension for an additional 15 days may be made upon written approval of the superintendent of shelter care for the county in which the facility is located; and

DCF 59.05(3)(b)2. 2. A second extension of 15 more days may be made upon written approval from the department.

DCF 59.05(3)(b)3. 3. The request for each extension must be made prior to the expiration of the prior approved time, and should include an explanation for the need of extended care.

DCF 59.05(4) (4) Supervision of children in shelter care.

DCF 59.05(4)(a) (a) This subsection applies to all shelter care facilities except that only pars. (b), (c) and (d) apply to hold-over rooms.

DCF 59.05(4)(b) (b) The unit supervisor of each facility shall prepare a written plan for staff care coverage, taking into account the needs of the children to be admitted into shelter care, and demonstrating the methods by which adequate supervision will be insured.

DCF 59.05(4)(c) (c) Children in shelter care shall not be left without supervision by a shelter care worker or by relief help.

DCF 59.05(4)(d) (d) The care of children in shelter care shall not be combined with any other service or business conducted in the facility without the written approval of the department.

DCF 59.05(4)(e) (e) When no children are in residence for shelter care, a shelter care worker must be on call and available to come immediately to the facility when a child is admitted into care. A facility shall be able to receive children into care 24 hours a day, 7 days a week.

DCF 59.05(4)(f) (f) The ratio of child care staff to children in care shall be dependent on number and the needs of the children, but there shall be at least 2 child care staff members or persons properly substituting for them on duty in the facility at any time when there are 9 or more children present during waking hours, and 3 staff members present when 17 or more children are present during waking hours.

DCF 59.05(4)(g) (g) During sleeping hours there shall always be one staff person within hearing or call of all children in care. When 9 or more children in care are present, 2 staff members must be on duty and make hourly observations of the areas in which children are sleeping.

DCF 59.05(4)(h) (h) When children of both sexes are present in large group shelter care facilities, there shall be both male and female staff members on duty in the facility.

DCF 59.05(5) (5) Discipline.

DCF 59.05(5)(a) (a) Discipline shall be for the purpose of helping the child and shall be handled with kindness and understanding.

DCF 59.05(5)(b) (b) No child in care shall be subjected to corporal, unusual, or severe punishment, or to punishment by deprivation of meals.

DCF 59.05(5)(c) (c) Discipline shall be fair, reasonable, consistent and related to the behavior causing the discipline.

DCF 59.05(5)(d) (d) Written facility rules shall be approved by the superintendent of shelter care. These shall be explained to children when they are admitted to the facility, and available to them during their stay.

DCF 59.05(5)(e) (e) Physical holding shall be used only to protect the child from injury to self or others. Mechanical restraints shall not be used.

DCF 59.05(5)(f) (f) Punishment shall be related to the child’s misconduct. The other children in shelter care shall not be punished for the misconduct of an individual child.

DCF 59.05(5)(g) (g) No child shall be locked within the facility as a whole or any part of it.

DCF 59.05(5)(h) (h) Medicine shall not be used as a means of maintaining discipline.

DCF 59.05(6) (6) Clothing. Each facility shall ensure that children in care are adequately clothed during their stay. Children in shelter care may retain their own clothes.

DCF 59.05(7) (7) Education. The licensee shall make every reasonable effort to ensure that children in care regularly attend a school program unless otherwise excused by school officials.

DCF 59.05(8) (8) Work performed by children.

DCF 59.05(8)(a) (a) Children in care shall have opportunities to assume responsibility for household duties or chores appropriate to their age, health and ability.

DCF 59.05(8)(b) (b) No licensee shall use the labor of children in care as a substitute to the employment of a sufficient number of competent employees to operate and maintain the shelter facility.

DCF 59.05(8)(c) (c) Household duties of children in care shall not interfere with their school, sleep or study.

DCF 59.05(9) (9) Religion. Shelter care workers and hold-over room attendants shall make every reasonable effort to make opportunities available to each child in shelter care who wishes it for attendance at religious services compatible with the child’s religious heritage or preference.

DCF 59.05(10) (10) Nutrition.

DCF 59.05(10)(a) (a) Food shall be provided to children in sufficient quantities and varieties, and shall provide for essential nutritional and dietary needs.

DCF 59.05(10)(b) (b) In planning menus, consideration shall be given, whenever possible, to the religious practices and the cultural patterns of the children in shelter care.

DCF 59.05(10)(c) (c) In small and large group shelter care facilities, daily menus shall be kept on file and available to the department for at least 30 days thereafter.

DCF 59.05(10)(d) (d) Supplementary food or modified diets as ordered by a physician shall be provided for those children who have special needs.

DCF 59.05(11) (11) Recreation and leisure time activities. The licensee shall provide recreational opportunities based on the age, abilities and interests of the children.

DCF 59.05(12) (12) Visiting. Shelter care workers and hold-over room attendants shall encourage the maintenance of a relationship between children and their parents or relatives or other significant persons. For a shelter care facility except a hold-over room this shall be in accordance with a plan established by the unit supervisor and the child’s legal custodian. Visitation with parents shall not be restricted as a form of discipline.

DCF 59.05(13) (13) Medical care.

DCF 59.05(13)(a) (a) Each shelter care facility shall establish written procedures to be used to provide regular and emergency medical care to children in residence, including the name of a physician who is available to treat the children and the names and locations of nearby emergency medical services.

DCF 59.05(13)(b) (b) Upon admitting a child into shelter care, the staff shall obtain from the child, law enforcement personnel, and if possible, the child’s parents, information regarding the child’s medical needs, including any chronic ailments, allergies or the need for a special diet.

DCF 59.05(13)(c) (c) The licensee shall be responsible for providing or securing necessary medical treatment and dental care while the child is in care in the shelter care facility.

DCF 59.05(14) (14) Transportation. The licensee shall make every reasonable effort to provide safe transportation of children in shelter care.

DCF 59.05(15) (15) Resident rights. 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 that 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 access to grievance resolution procedures that are comparable to those found in s. 51.61, Stats., and ch. DHS 94.

DCF 59.05 History History: Cr. Register, June, 1978, No. 270, eff. 7-1-78; renum. from PW-CY 45.04, Register, December, 1982, No. 324, eff. 1-1-83; emerg. renum. (1), (3) and (4) (a) to (g) to be (1m), (3) (b) and (4) (b) to (h) and am. (3) (b) (intro.), emerg, cr. (1), (3) (a), (4) (a), eff. 12-1-93, renum. (1), (3) and (4) (a) to (g) to be (1m), (3) (b) and (4) (b) to (h) and am. (3) (b) (intro.), cr. (1), (3) (a), (4) (a), am. (9), (12), Register, September, 1994, No. 465, eff. 10-1-94; CR 04-040: cr. (15) Register December 2004 No. 588, eff. 1-1-05; correction in (15) made under s. 13.92 (4) (b) 7., Stats, Register November 2008 No. 635; CR 21-107: am. (3) (a) 4. Register June 2022 No. 798, eff. 7-1-22.