DCF 52.42(7)(d)5.5. In an emergency such as when a resident runs away, is being held for movement to secure detention until police arrive or has attempted suicide, the resident may be placed in a locked unit without parent or guardian or legal custodian consent. The parent or guardian and legal custodian shall be notified as soon as possible and written authorization for continued use of the locked unit shall be obtained from the parent or guardian and legal custodian within 24 hours. No resident kept in a locked unit under this subdivision may be kept in the locked unit for more than an additional 72 hours unless a written informed consent document signed by the parent or guardian and legal custodian authorizing continued locked unit use is obtained.
DCF 52.42(7)(d)6.6. Prior to use of a locked unit, written approval to lock exit access doors of the unit is obtained from the Wisconsin department of safety and professional services.
DCF 52.42(7)(d)7.7. All staff members supervising residents in a locked unit shall have the means to unlock the unit immediately if this is necessary.
DCF 52.42(7)(d)8.8. A locked unit shall be free of furnishings that could be used by a resident in a harmful way and shall have adequate ventilation.
DCF 52.42(7)(d)9.9. A center shall provide in each locked unit one resident care worker with no assigned responsibilities other than direct supervision of the residents. During hours when residents are awake there shall be one resident care worker for every 4 residents and one resident care worker for every 6 residents during sleeping hours. Staff shall be present in the locked unit with residents and shall have the means to immediately summon additional staff.
DCF 52.42(8)(8)Behavior modification and control measures.
DCF 52.42(8)(a)(a) A center may not use intrusive and restrictive behavior management techniques such as behavior-modifying drugs or other forms of physical restraint as defined under s. 48.599 (1r), Stats., not identified in this section unless the center receives approval for their use from the department and where applicable, procedures in accordance with provisions found in this chapter are followed.
DCF 52.42(8)(b)(b) Use of locked rooms for physically enforced separation of residents other than as provided under sub. (5) for emergency safety intervention is prohibited.
DCF 52.42(8)(c)(c) A center may not use on a resident any aversive measure that is painful or discomforting to a resident or any measures that are dangerous or potentially injurious to a resident.
DCF 52.42(9)(9)Absence of residents without permission. A center shall have written policies and procedures for notifying the appropriate local law enforcement agency that a resident has left the center without permission or fails to return to the center after an approved leave. The procedures shall specify all of the following:
DCF 52.42(9)(a)(a) How the determination is made that a resident is missing.
DCF 52.42(9)(b)(b) The name of the local law enforcement agency and the name of the agency, if different, that is to be notified in order for it to file a missing person report with the crime information bureau of the Wisconsin department of justice.
DCF 52.42(9)(c)(c) The name of the staff member who will promptly notify the law enforcement agency identified under par. (b) of the resident’s absence, as well as the resident’s parent or guardian and legal custodian, if any, and the placing person or agency, if not the same.
DCF 52.42(9)(d)(d) Notification of the department’s interstate compact office at least within 48 hours of an out-of-state resident’s absence.
DCF 52.42 NoteNote: For notification of Wisconsin’s Interstate Compact Office, phone: (608) 267-2079.
DCF 52.42 HistoryHistory: Cr. Register, February, 2000, No. 530, eff. 9-1-00; CR 04-040: am. (5) (b) 5. e. and (7) (d) 6. Register December 2004 No. 588, eff. 1-1-05; corrections in (3) (c) and (7) (c) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; EmR1106: emerg. r. and recr. (1) (d), (5) (a), cr. (5) (ae), (am), (as), (b) 8., eff. 9-16-11; CR 11-026: r. and recr. (1) (d), (5) (a), am. (2) (b), (5) (b) 5. f., (6) (title), (a) 3., (7) (a) 2. (intro.), a., b., (8) (b), cr. (5) (ae), (am), (as), (b) 8., r. (5) (b) (title) Register December 2011 No. 672, eff. 1-1-12; correction in (5) (b) 5. e., (7) (d) 6. made under s. 13.92 (4) (b) 6., 7., Stats., Register December 2011 No. 672, eff. 1-1-12; correction in (8) made under s. 13.92 (4) (b) 7., Stats., Register October 2015 No. 718; CR 21-107: am. (7) (d) 4. Register June 2022 No. 798, eff. 7-1-22.
DCF 52.43DCF 52.43Education.
DCF 52.43(1)(1)Classroom space. On-grounds school programs shall have classroom space that is in compliance with the requirements of chs. SPS 361 to 366, the Wisconsin Commercial Building Code and applicable local ordinances.
DCF 52.43(2)(2)Study space. A center shall provide residents with appropriate space and supervision for quiet study after school hours.
DCF 52.43(3)(3)Access to educational resources. A center shall provide or arrange for resident access to up-to-date reference materials and other educational resources. These educational materials and resources shall meet the educational needs of residents.
DCF 52.43(4)(4)Out-of-state residents. A center admitting persons through Wisconsin’s interstate compact on placement of children from other states shall have on file educational history and achievement reports for those admissions. A center serving out-of-state residents with exceptional educational needs shall in addition comply with s. 48.60 (4), Stats., on payment of educational charges.
DCF 52.43(5)(5)Educational record. A center shall maintain a separate educational record for each resident as part of the resident’s case record. The educational record shall include the results of educational assessments, educational goals and progress reports.
DCF 52.43 NoteNote: See s. DCF 52.41 (1) (b) for educational program service requirements described in a center’s operating plan.
DCF 52.43 HistoryHistory: Cr. Register, February, 2000, No. 530, eff. 9-1-00; CR 04-040: am. (1) Register December 2004 No. 588, eff. 1-1-05; correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672, eff. 1-1-12.
DCF 52.44DCF 52.44Nutrition.
DCF 52.44(1)(1)Meals and snacks.
DCF 52.44(1)(a)(a) A center shall provide or arrange for each resident to receive at least 3 meals each day. Meals shall be served at regular times comparable to normal mealtimes in the community.
DCF 52.44(1)(b)(b) Food served at a meal shall consist of adequate portions based on the ages of residents. Lunch and breakfast meals shall follow the meal pattern requirements for the national school lunch program as provided by the U.S. department of agriculture and included in Appendix C of this chapter. Dinner meals shall be comparable to the lunch meal pattern requirements.
DCF 52.44(1)(c)(c) Nutritious snacks shall be provided between meals to residents at the center as follows: