Chapter DCF 59

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.

DCF 59.055 DCF 59.055 Promoting normalcy.

DCF 59.055(1) (1) Similar to peers. A shelter care facility shall promote normalcy and the healthy development of a child placed in the shelter care facility by supporting the child’s right to participate in extracurricular, enrichment, cultural, and social activities and have experiences that are similar to those of the child’s peers of the same age, maturity, or development.

DCF 59.055(2) (2) RPPS decision maker.

DCF 59.055(2)(a) (a) A shelter care facility shall ensure the presence on-site of at least one RPPS decision maker at all times to make decisions regarding the participation of a child placed in the shelter care facility in age or developmentally appropriate extracurricular, enrichment, cultural, and social activities.

DCF 59.055(2)(b) (b) An RPPS decision maker may be the licensee, authorized representative of the licensee, unit supervisor, or shelter care worker.

DCF 59.055(2)(c) (c) An RPPS decision maker shall have knowledge of a child and access to the child’s records in s. DCF 59.07 (1) (a) related to the decision-making factors in sub. (4).

DCF 59.055(2)(d) (d) An RPPS decision maker shall document in the communication log under s. DCF 59.057 all requests and decisions made under this section for activities that do not take place in the shelter care facility and are not supervised by a shelter care worker, relief help, volunteer, or unit supervisor.

DCF 59.055(2)(e) (e) An RPPS decision maker shall document on a form prescribed by the department any decision made under this section that requires written permission from the shelter care facility in lieu of the child’s parent or guardian. The completed form shall be placed in the child’s record under s. DCF 59.07.

DCF 59.055 Note Note: DCF-F-5124-E, Reasonable and Prudent Parent Decision Record, is available in the forms section of the department website at http://dcf.wisconsin.gov or by writing the Division of Safety and Permanence, P.O. Box 8916, Madison, WI 53708−8916.

DCF 59.055(3) (3) Reasonable and prudent parent standard. When an RPPS decision maker is making a decision regarding participation in activities by a child placed in the shelter care facility, the RPPS decision maker shall use a decision-making standard 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, if the activities meet the conditions in par. (a) and (b) as follows:

DCF 59.055(3)(a) (a) Areas covered by the standard. The child is participating or wants to participate in extracurricular, enrichment, cultural, or social activities, including all of the following:

DCF 59.055(3)(a)1. 1. Activities related to transportation, such as obtaining a driver’s license, driving, or carpooling with peers and other adults.

DCF 59.055(3)(a)2. 2. Formal or informal employment and related activities, such as opening an account in a bank or credit union.

DCF 59.055(3)(a)3. 3. Activities related to peer relationships, such as visiting with friends, staying overnight at a friend’s house, or dating.

DCF 59.055(3)(a)4. 4. Activities related to personal expression, such as haircuts; hair dying; clothing choices; or sources of entertainment, including games and music.

DCF 59.055(3)(b) (b) Age or developmentally appropriate activities. The child is participating or wants to participate in activities that are suitable based on any of the following criteria:

DCF 59.055(3)(b)1. 1. Activities that are generally accepted as suitable for children of the same 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 the same age or age group.

DCF 59.055(3)(b)2. 2. Activities that are suitable based on this child’s cognitive, emotional, physical, and behavioral capacities.

DCF 59.055 Note Note: The reasonable and prudent parent standard does not apply to a child receiving respite care services.

DCF 59.055(4) (4) Decision-making factors. When applying the reasonable and prudent parent standard to a decision regarding the participation by a child placed in the shelter care facility in an extracurricular, enrichment, cultural, or social activity, an RPPS decision maker shall consider all of the following:

DCF 59.055(4)(a) (a) Child-specific factors, including all of the following:

DCF 59.055(4)(a)1. 1. The child’s wishes, as gathered by engaging the child in an age-appropriate discussion about participation in the activity.

DCF 59.055(4)(a)2. 2. The age, maturity, and development of the child.

DCF 59.055(4)(a)3. 3. Whether participating in the activity is in the best interest of the child.

DCF 59.055(4)(a)4. 4. The child’s behavioral history.

DCF 59.055(4)(a)5. 5. Court orders and other legal considerations affecting the child, including the prohibitions in sub. (5).

DCF 59.055(4)(a)6. 6. Cultural, religious, and tribal values of the child and the child’s family. If the child and child’s family have different cultural, religious, or tribal values, then the placing agency, or the department if the department is the child’s guardian, is ultimately responsible for decisions concerning the child’s care.

DCF 59.055(4)(b) (b) Activity-specific factors, including all of the following:

DCF 59.055(4)(b)1. 1. Potential risk factors of the situation, including whether the child has the necessary training and safety equipment to safely participate in the activity under consideration.

DCF 59.055(4)(b)2. 2. How the activity will help the child grow.

DCF 59.055(4)(b)3. 3. Whether participating in the activity will provide experiences that are similar to the experiences of other children of the same age, maturity, or development in the shelter care facility.