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 HistoryHistory: 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 59.055DCF 59.055Promoting 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.