DCF 57.02 DCF 57.02 Exceptions to rules.

DCF 57.02(1) (1) The department may grant an exception to a non-statutory requirement of this chapter if the department determines that the exception will not jeopardize the health, safety, or welfare of any child served by the group home.

DCF 57.02(2) (2) A request for an exception to a non-statutory rule requirement shall be made to the department on a form prescribed by the department and shall justify each reason for requesting an exception. The request shall also describe an alternative that meets the intent of the requirement.

DCF 57.02 Note Note: Form DCF-F-5023-E, Child Welfare Request for Exception, is available in the forms section of the department website, http://dcf.wisconsin.gov. Requests for an exception should be sent to the field office listed in Appendix A that serves the group home.

DCF 57.02 History History: CR 04-067: cr. Register September 2005 No. 597, eff. 1-1-06; EmR1414: emerg. am. (2), eff. 8-1-14; CR 14-054: am. (2) Register April 2015 No. 712, eff. 5-1-15.

DCF 57.04 DCF 57.04 Definitions. In this chapter:

DCF 57.04(1) (1) “Age or developmentally appropriate activities” means activities that are generally accepted as suitable for children of a given 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 a given age or age group or, in the case of a specific resident, activities that are suitable for the resident based on the cognitive, emotional, physical, and behavioral capacities of that resident.

DCF 57.04(1m) (1m) “Agency-operated group home” means a group home for which the licensee is a public agency other than the department.

DCF 57.04(2) (2) “Background information disclosure form” means the department form on which a person provides certain information concerning the person’s background.

DCF 57.04 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 from the filed office listed in Appendix A that serves the group home.

DCF 57.04(3) (3) “Behavior intervention” means any containment, management or treatment technique or procedure used to intervene in a resident’s behavior when that behavior poses a clear and present danger of serious physical harm to the resident or to others.

DCF 57.04(4) (4) “Caregiver” has the meaning given in s. 48.685 (1) (ag), Stats.

DCF 57.04(5) (5) “Caregiver background check” means the search required by s. 48.685 (2), Stats.

DCF 57.04(6) (6) “Child” is a person who is under 21 years of age and is under juvenile court jurisdiction or other court order, is being provided services by a child welfare or juvenile justice agency, or is placed under an agreement.

DCF 57.04(7) (7) “Child abuse” means abuse as specified in s. 48.02 (1), Stats.

DCF 57.04(8) (8) “Child neglect” has the meaning given in s. 48.02 (12g), Stats.

DCF 57.04(9) (9) “Corporation-operated group home” means a home for which the licensee is a non-profit or proprietary corporation that operates one or more group homes.

DCF 57.04(9m) (9m) “County department” or “county” means a county department of social services under s. 46.215 or 46.22, Stats.; a county department of human services under s. 46.23, Stats.; or a county department under s. 51.42 or 51.437, Stats.

DCF 57.04(10) (10) “Custodial parent” means a resident whose child resides in the group home with the resident.

DCF 57.04(11) (11) “Department” means the department of children and families.

DCF 57.04(12) (12) “Emergency” means serious medical incidents, fire, tornadoes, flooding, and loss of services to the group home such as electricity, heat, water or telephone, or threats to the premises or its occupants.

DCF 57.04(13) (13) “EPSDT” means early and periodic screening, diagnosis and treatment of persons under s. DHS 107.22.

DCF 57.04(13m) (13m) “Family interaction plan” means a plan developed by a placing agency to promote a resident’s interaction with members of the resident’s family and includes interaction by face-to-face contact; telephone calls; letters; emails; and attendance at routine activities, such as counseling sessions, medical appointments, school events, and faith-related activities.

DCF 57.04(14) (14) “Family-operated group home” means a home for which the licensee is one or more individuals who operate not more than one group home.

DCF 57.04(15) (15) “Fit and qualified” means displaying the capacity to successfully nurture and care for children and shall not include a history of a civil action, criminal conviction or administrative rule violation that substantially relates to the care of a child; a history of exercising unsound judgment or abuse of alcohol or drugs.

DCF 57.04 Note Note: For help in determining whether a civil action, criminal conviction, or administrative rule violation substantially relates to the care of children, consult s. DCF 12.06.

DCF 57.04(16) (16) “Group home” means a facility operated by a person licensed by the department pursuant to s. 48.625, Stats., to provide 24-hour care for 5 to 8 residents.

DCF 57.04(17) (17) “Group home manager” means a person who is responsible for the day-to-day operations of a group home.

DCF 57.04(18) (18) “Guardian” means a person or agency appointed by a court to have the duties and authority of guardianship as described under s. 48.023, Stats.