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DHS 50.13(2)(2)Investigating and reporting elopement, abuse, neglect, or misappropriation of property.
DHS 50.13(2)(a)(a) A YCSF shall be considered an entity, under ch. DHS 13, and shall comply with caregiver misconduct reporting requirements for entities provided in ch. DHS 13. Caregiver misconduct must be reported within 7 calendar days of the incident or the date the entity knew or should have known of the incident.
DHS 50.13 NoteNote: The department’s caregiver misconduct reporting link is: https://www.dhs.wisconsin.gov/caregiver/complaints.htm
DHS 50.13(2)(b)(b) Elopement, physical, sexual or mental abuse, or neglect by non-caregivers or youth shall be reported to the department within 24 hours of the incident or the date the entity knew or should have known the incident occurred.
DHS 50.13 NoteNote: The department’s reporting link is: https://www.dhs.wisconsin.gov/mh/ycsf.htm.
DHS 50.13(2)(c)(c) Misappropriation of property by non-caregivers or youth shall be reported to the department within 7 calendar days of the incident or the date the entity knew or should have known of the incident.
DHS 50.13 NoteNote: The department’s reporting link is: https://www.dhs.wisconsin.gov/mh/ycsf.htm.
DHS 50.13(3)(3)Notifying other interested parties.
DHS 50.13(3)(a)(a) The YCSF shall immediately notify the youth’s legal representative when there is an elopement, incident or injury to the youth requiring intervention from a physician or other professional.
DHS 50.13(3)(b)(b) The YCSF shall immediately notify the youth’s legal representative when there is an allegation of physical, sexual or mental abuse, or neglect of a youth that occurred at the YCSF or under the supervision of YCSF staff.
DHS 50.13(3)(c)(c) The YCSF shall notify the youth’s legal representative within 72 hours when there is an allegation of misappropriation of property.
DHS 50.13(3)(d)(d) The YCSF shall follow all procedures required of mandated reporters.
DHS 50.13(4)(4)Documentation of the incident. All written reports required under this section shall include, at a minimum, the time, date place, individuals involved, details of the occurrence, and the action taken by the provider to safeguard the youths’ health, safety, and well-being.
DHS 50.13 HistoryHistory: EmR1922: emerg. cr., eff. 11-2-19; CR 19-077: cr. Register July 2020 No. 775, eff. 8-1-20; correction in (1) (a) made under s. 35.17, Stats., Register July 2020 No. 775.
DHS 50.14DHS 50.14Client Rights. All YCSF operations and services shall comply with s. 51.61, Stats. and ch. DHS 94 on the rights of clients.
DHS 50.14 HistoryHistory: EmR1922: emerg. cr., eff. 11-2-19; CR 19-077: cr. Register July 2020 No. 775, eff. 8-1-20.
subch. III of ch. DHS 50Subchapter III – Facilities
DHS 50.15DHS 50.15General Requirements.
DHS 50.15(1)(1)General requirements.
DHS 50.15(1)(a)(a) A facility shall comply with the state building code requirements in chs. SPS 361 to 366, and any applicable local ordinances or municipal building regulations.
DHS 50.15(1)(b)(b) The YCSF shall maintain the facility in a state of good repair and in a clean, safe and sanitary condition.
DHS 50.15(1)(c)(c) A facility must be in compliance with the Americans with Disabilities Act.
DHS 50.15(1)(d)(d) Any YCSF that shares a facility with another program must, at a minimum, meet the facility requirements in ss. DHS 50.15 to 50.18. The YCSF must be securely separated from other programs.
DHS 50.15(2)(2)Exits.
DHS 50.15(2)(a)(a) Habitable rooms on the second floor shall have access to at least 2 exits. At least one of the exits shall be a stairway to the first floor or to grade.
DHS 50.15(2)(b)(b) Habitable rooms above the second floor shall have at least 2 exits that are both stairways to the second floor or to grade or that are to one stairway to the second floor and one stairway to grade. Windows and balconies may not be designated as exits.
DHS 50.15(2)(c)(c) Habitable rooms below grade shall have at least 2 exits. At least one exit shall be a stairway to grade or a door that is below grade level that leads to grade level by an outdoor stairway. The second exit may be either a stairway leading to a first floor above grade or a window that can be opened from the inside without the use of tools, is at least 22 inches in the smallest dimension, is at least 5 square feet in area, and has a lower sill not more than 4 feet from the floor and a window escape ladder for use in an emergency evacuation.
DHS 50.15(3)(3)Water and sewer.
DHS 50.15(3)(a)(a) Water supply.
DHS 50.15(3)(a)1.1. The facility shall have an adequate and safe water supply.
DHS 50.15(3)(a)2.2. If the facility’s water supply is from a private well, the well shall be approved by the department of natural resources. Water samples from an approved well shall be tested at least annually for lead and bacteria by a laboratory certified under ch. ATCP 77.
DHS 50.15(3)(b)(b) Sewage. The facility shall have an adequate sewage disposal system.
DHS 50.15(3)(c)(c) Water temperature. The facility shall be equipped with a water heater sufficient to meet the needs of all youths. The hot water delivered to the facility’s sinks, tubs, and showers shall not exceed 120° Fahrenheit.
DHS 50.15(4)(4)Heating, cooling and ventilation.
DHS 50.15(4)(a)(a) All rooms, including bedrooms must be provided with adequate heating, cooling, and ventilation.
DHS 50.15(4)(b)(b) Portable space heaters shall not be used.
DHS 50.15(4)(c)(c) Bath and toilet rooms shall have either a window that opens or be equipped with exhaust ventilation to the outside.
DHS 50.15(5)(5)Lighting. All habitable rooms shall have electric lighting sufficient to meet the needs of the facility and its youths.
DHS 50.15(6)(6)Space requirements. The YCSF shall ensure compliance with all of the following space requirements:
DHS 50.15(6)(a)(a) Bathroom requirements.
DHS 50.15(6)(a)1.1. Bathrooms shall be indoors.
DHS 50.15(6)(a)2.2. A bathroom that can be accessed only through a room used as a bedroom may not be counted as being available for use by youths who do not occupy that bedroom.
DHS 50.15(6)(b)(b) Bedroom requirements.
DHS 50.15(6)(b)1.1. A bedroom that is used by one youth shall have at least 80 square feet of floor space.
DHS 50.15(6)(b)2.2. A bedroom that is used by more than one youth shall have a minimum of 50 square feet of floor space for each youth.
DHS 50.15(6)(b)3.3. The minimum space between beds shall be at least 2 feet.
DHS 50.15(6)(b)4.4. Each bed shall have a clean mattress that is covered with a mattress pad and a waterproof covering when necessary, a pillow, at least 2 sheets, a bedspread, and blankets adequate for the season.
DHS 50.15(6)(b)5.5. Each youth shall be provided their own bed.
DHS 50.15(6)(c)(c) Kitchen or food storage and preparation area. The YCSF must have a refrigerator, a food heating appliance such as stove or microwave, cooking and eating utensils, and any other appliance or utensil that may be required to meet the needs of each youth. Appliances must be kept in good working order.
DHS 50.15(6)(d)(d) Lounge requirement. A YCSF must have a common area for a youth lounge.
DHS 50.15(6)(e)(e) Study area. A YCSF must provide adequate quiet area(s) for educational study. A youth’s bedroom may be used for this purpose.
DHS 50.15(6)(f)(f) Laundry. Laundry facilities or services shall be available to meet the needs of all youths. Any laundry equipment in the facility shall be installed and vented in accordance with the manufacturer’s recommendations.
DHS 50.15 HistoryHistory: EmR1922: emerg. cr., eff. 11-2-19; CR 19-077: cr. Register July 2020 No. 775, eff. 8-1-20.
DHS 50.16DHS 50.16General safety precautions.
DHS 50.16(1)(1)Electrical systems and appliances shall be in good repair and properly protected.
DHS 50.16(2)(2)Tubs and showers shall have safety strips or other non-slip surfaces applied to prevent slipping.
DHS 50.16(3)(3)The indoor and outdoor premises shall be free of hazards.
DHS 50.16(4)(4)There shall be no visible flaking or deteriorating paint on exterior or interior surfaces.
DHS 50.16(5)(5)No lead-based paint or other toxic finishing material may be used on the premises of the facility.
DHS 50.16(6)(6)Stairways, halls, and aisles shall be maintained in good repair, adequately lighted and free from obstacles.
DHS 50.16(7)(7)Stairs shall have a non-slip surface.
DHS 50.16(8)(8)Each stairway and walkway ramp shall have a handrail.
DHS 50.16(9)(9)Exterior stairs, walks, ramps, and porches shall be maintained in a safe condition and free from the accumulation of water, ice, or snow.
DHS 50.16(10)(10)Dangerous equipment and harmful substances unnecessary for the operation of the YCSF may not be kept on the premises. All necessary but potentially dangerous equipment, toxic substances, and medications shall be kept inaccessible to youths.
DHS 50.16(11)(11)All areas of the facility must be free from mold.
DHS 50.16 HistoryHistory: EmR1922: emerg. cr., eff. 11-2-19; CR 19-077: cr. Register July 2020 No. 775, eff. 8-1-20.
DHS 50.17DHS 50.17Fire safety.
DHS 50.17(1)(1)Smoke detection.
DHS 50.17(1)(a)(a) Each facility shall have a smoke detection system. The system shall be an electrically interconnected system listed by Underwriter’s Laboratory or a radio signal-emitting system which has at least one centrally mounted alarm horn which, when activated can be heard throughout the premises.
DHS 50.17(1)(b)(b) A smoke detector shall be located at each of the following locations in the facility:
DHS 50.17(1)(b)1.1. Head of every open stairway.
DHS 50.17(1)(b)2.2. Next to doors leading to every enclosed stairway on each floor level.
DHS 50.17(1)(b)3.3. Every hall. Smoke detectors located in a hall shall not be spaced more than 30 feet apart nor more than 15 feet from any wall.
DHS 50.17(1)(b)4.4. Common use rooms, including living rooms, dining areas, lounges, family rooms, and recreation rooms, except the kitchen.
DHS 50.17(1)(b)5.5. Bedrooms.
DHS 50.17(1)(b)6.6. Basement.
DHS 50.17(1)(b)7.7. Attic, if accessible.
DHS 50.17(1)(c)(c) The smoke detection system shall be tested at least monthly and results documented and kept on file at the facility.
DHS 50.17(1)(d)(d) A smoke detector that is located in a room used as a bedroom may be battery operated, free-standing, and separate from the interconnected system.
DHS 50.17(2)(2)Fire evacuation.
DHS 50.17(2)(a)(a) There shall be a diagrammatic floor plan of the facility posted on each floor level of the facility clearly indicating the direction of each exit for emergency evacuation.
DHS 50.17(2)(b)(b) Evacuation drills shall be conducted quarterly and documented, including the date and time of the drill, the evacuation time, and any problems encountered during the drill.
DHS 50.17(2)(c)(c) Staff members shall personally evacuate each youth with limited mobility or having limited understanding regarding evacuation procedures from the YCSF. If the YCSF population includes a hearing impaired youth, there shall be written procedures specifying that a staff member shall immediately alert the youth in case of fire.
DHS 50.17(3)(3)Fire extinguishers.
DHS 50.17(3)(a)(a) Each facility shall have a fire extinguisher in the size, type, and location specified by the local fire department. At least one fire extinguisher shall be located in the kitchen and on each floor level of the facility.
DHS 50.17(3)(b)(b) Each extinguisher shall be operable at all times, inspected at least once a year by a qualified fire safety expert, and have a label indicating its present condition and date of its last inspection.
DHS 50.17(4)(4)Fire safety inspection. The facility shall have an annual fire safety inspection.
DHS 50.17 HistoryHistory: EmR1922: emerg. cr., eff. 11-2-19; CR 19-077: cr. Register July 2020 No. 775, eff. 8-1-20.
DHS 50.18DHS 50.18Carbon monoxide detector. A facility shall have a functional carbon monoxide detector installed in the basement and on each floor level, except the attic, garage, or storage area of each unit, in accordance with the requirements of s. 101.647, Stats.
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.