Chapter DCF 59

DCF 59.07(1) (1) Records on children in shelter care.

DCF 59.07(1)(a) (a) A licensee shall maintain a record for each child in the shelter care facility. The record shall contain all of the following:

DCF 59.07(1)(a)1. 1. A form prescribed by the department that is completed with specified information about the child.

DCF 59.07(1)(a)2. 2. For a child placed in the shelter care facility, all of the following:

DCF 59.07(1)(a)2.a. a. The forms required under ch. DCF 37. The licensee shall share with the child’s placing agency new and updated information required on the forms that the licensee becomes aware of while the child is placed in the facility.

DCF 59.07(1)(a)2.b. b. Reasonable and prudent parenting decision records required under s. DCF 59.055 (2) (e).

DCF 59.07 Note Note: The form required under subd. 1. is DCF-F-CFS2389-E, Shelter Care Face Sheet.
The forms required under subd. 2. a. and ch. DCF 37 are DCF-F-872A-E, Information for Out-of-Home Care Providers, Part A and DCF-F-872B-E, Information for Out-of-Home Care Providers, Part B.
The form required under subd. 2. b. is DCF-F-5124-E, Reasonable and Prudent Parent Decision Record.
These forms are 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 59.07(1)(b) (b) For each child placed in a hold-over room, the hold-over room licensee shall maintain on file a completed copy of Wisconsin department of justice form JI-03, Temporary Physical Custody Request.

DCF 59.07 Note Note: The department of justice form JD-1710, Temporary Physical Custody Request may be obtained by writing or telephoning any field office listed in Appendix A or from the Wisconsin Circuit Court website at https://www.wicourts.gov/forms1/circuit/index.htm.

DCF 59.07(2) (2) Confidentiality. Shelter care facility staff and volunteers shall maintain in a locked file and in confidence all information and records on children. Children shall have the right to examine their own records.

DCF 59.07(3) (3) Department access to records.

DCF 59.07(3)(a) (a) At the request of the department, a shelter care facility shall make available for inspection all records on children received by it.

DCF 59.07(3)(b) (b) Records shall be held only until the child’s 21st birthday and then destroyed, except that a permanent register shall be kept listing the names of the children received for care and the dates of their admission and release.

DCF 59.07(4) (4) Responsibility to the department and the superintendent. The licensee shall report to the department and the superintendent of shelter care as soon as possible:

DCF 59.07(4)(a) (a) The death of any child in care or any serious illness or injury suffered by a child.

DCF 59.07(4)(b) (b) Any fire on the premises which required the services of the fire department.

DCF 59.07(4)(c) (c) Any intention to terminate the shelter care facility. Notification shall be at least 30 days in advance of the termination.

DCF 59.07(4)(d) (d) Any change in the name of the unit supervisor of any shelter care facility, or a change in the name of the executive, or chairperson of the board, or any change in the corporate structure of a corporation operating a shelter care facility.

DCF 59.07 History History: Cr. Register, June, 1978, No. 270, eff. 7-1-7; renum. from PW-CY 45.06, Register, December, 1982, No. 324, eff. 1-1-83; emerg. r. and recr. (1), eff. 12-1-93; r. and recr. (1), am. (3) (a), Register, September, 1994, No. 465, eff. 10-1-94; correction in (4) (d) made under s. 13.93 (2m) (b) 5., Stats., Register, September, 1994, No 465; correction in (1) (a) 13. made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; EmR1633: emerg. r. and recr. (1) (a), eff. 11-18-16; CR 16-051: r. and recr. (1) (a) Register July 2017 No. 739, eff. 8-1-17.

DCF 59.08 DCF 59.08 License denial or revocation.

DCF 59.08(1) (1) Grounds. The department may deny, revoke or suspend a license, initiate other enforcement actions specified in this chapter or in ch. 48, Stats., or place conditions on a license if the applicant or licensee, a proposed or current employee, a volunteer or any other person having regular contact with the children, has or has been any of the following:

DCF 59.08(1)(a) (a) The subject of a pending criminal charge for an action that substantially relates to the care of children or activities of the facility.

DCF 59.08(1)(b) (b) Convicted of a felony, misdemeanor or other offense that substantially relates to the care of children or activities of the facility.

DCF 59.08(1)(c) (c) Determined to have abused or neglected a child pursuant to s. 48.981, Stats., or has been determined to have committed an offense which substantially relates to the care of children or the activities of the facility.

DCF 59.08(1)(d) (d) The subject of a substantiated finding of misconduct in the department’s nurse aide registry under s. DHS 129.10.

DCF 59.08(1)(e) (e) The subject of a court finding that the person has abandoned his or her child, or has inflicted physical abuse or neglect on the child.

DCF 59.08(1)(f) (f) Had a child welfare agency, group home or shelter care facility license revoked or denied within the last 5 years.

DCF 59.08(1)(g) (g) Violated any provision of this chapter or ch. 48, Stats., or fails to meet the minimum requirements of this chapter.

DCF 59.08(1)(h) (h) Made false statements or withheld information.

DCF 59.08(2) (2) Appeals.

DCF 59.08(2)(a) (a) Any person aggrieved by the department’s decision to deny a license or to revoke a license may request a hearing on the decision under s. 227.42, Stats.

DCF 59.08(2)(b) (b) The request for a hearing shall be in writing and shall be filed with the department of administration’s division of hearings and appeals within 10 days after the date on the notice of the department’s refusal or failure to issue, renew, or continue a license or the department’s action taken under s. 48.715, Stats.

DCF 59.08 Note Note: A request for a hearing may be mailed to Division of Hearings and Appeals, P.O. Box 7875, Madison, WI 53707-7875 or faxed to [phone]. A copy of the request should be sent to the appropriate field office listed in Appendix A.

DCF 59.08 History History: CR 04-040: cr. 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; EmR16333: emerg. renum. DCF 59.08 to (1), cr. (1) (title), (2), eff. 11-18-16; CR 16-051: renum. DCF 59.08 to (1), cr. (1) (title), (2) Register July 2017 No. 739, eff. 8-1-17.