3. `Congregate living area.'
A licensee shall ensure that a staff member provides sight and sound supervision at all times in each congregate living area of the center when residents are present. In this subdivision, “congregate living area" means any area in a center used for living or recreation except a bedroom, bathroom, or hallway.
The staff-to-resident ratios in par. (b)
are the minimal staffing requirements for resident care staff. The number of resident care staff providing supervision shall be increased as necessary to meet the needs of residents and to ensure their safety and welfare.
DCF 52.41 Note
Section DCF 52.55 (1) (b) 1.
requires that staff can safely evacuate all residents from the center in one trip for fire safety.
No resident may be in a residential care center without supervision by a staff member.
A licensee shall ensure that supervision is provided for each resident appropriate to the resident's age, maturity, behavior, and developmental level and sufficient to ensure the safety of all residents in the residential care center.
Supervision of residents shall be by a staff member who meets or exceeds the qualifications of a resident care worker under s. DCF 52.12 (2) (e)
An inexperienced resident care worker who is required to take the traineeship program s. DCF 52.12 (5) (g)
may only be counted in the ratios in par. (b)
if the trainee is working with an experienced resident care worker who meets the qualifications in s. DCF 52.12 (2) (e)
A residential care center shall have at least one full-time equivalent resident services case manager under s. DCF 52.12 (1) (a) 3.
for every 16 or fewer residents. A residential services case manager who is working less than full-time may have a maximum caseload that is the equivalent of 2.5 hours per week for each resident.
A center shall provide leisure and recreational programming suitable for the ages, abilities and interests of the center's residents. This programming shall be consistent with the center's overall program goals and shall offer residents a variety of indoor and outdoor recreational activities.
A center shall have well drained outdoor recreation areas that are free of hazards.
A center shall provide residents with opportunities for voluntary religious expression and participation. The center shall:
Obtain the written consent of the resident's parent or guardian for church attendance and religious instruction when agency practice varies from that of the resident or the resident's family.
Arrange for residents to participate in religious exercises in the community whenever possible.
Center applied policies and procedures.
Center policies and procedures affecting residents and their interests shall be applied in a consistent and fair manner.
A center may operate on the center grounds other services or enterprises not governed by the center's license only if the center obtains the written consent of the department. Examples of other center nonresident services that may be allowed by the department to operate on center grounds are shelter care services, outpatient counseling services, day treatment services and day student educational services.
A center which provides temporary shelter care services need not obtain a separate shelter care license under ch. DCF 59
if the personnel requirements in s. DCF 52.12
, the child care requirements found in s. DCF 59.05
, the requirements for records and reports found in s. DCF 59.07
and the physical plant standards in subch. VI
of this chapter or in s. DCF 59.06
The center shall have procedures for maintaining and managing a separate account for each resident's money and as applicable, shall comply with the provisions under s. 51.61 (1) (v)
The center shall, as applicable, have in place a restitution plan for a resident and as applicable, that is coordinated with any other restitution ordered by a court or as part of an agreement under ch. 938
, Stats., that describes procedures for deducting sums from a resident's account or earnings as restitution for damages done by the resident. Deductions made for restitution shall be in accordance with a restitution plan as follows:
Before a center may withhold a part of a resident's earnings or account balance, a restitution plan shall be made a part of the resident's treatment record.
The restitution plan shall take into consideration the resident's ability to pay or be as prescribed under court order.
DCF 52.41 History
Cr. Register, February, 2000, No. 530
, eff. 9-1-00; correction in (1) (b) 7. made under s. 13.93 (2m) (b) 7., Stats., Register, June, 2001, No. 546
; corrections in (1) (a) 8., 10., (b) 2., 4., (c) 3., 9., 11., 12., (3) (a), (c) and (7) (b) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635
: emerg. r. and recr. (3), eff. 9-16-11; CR 11-026
: am. (1) (a) 10., r. and recr. (3) Register December 2011 No. 672
, eff. 1-1-12; EmR1414
: emerg. am. (1) (a) 3., eff. 8-1-14; CR 14-054
: am. (1) (a) 3. Register April 2015 No. 712
, eff. 5-1-15; EmR1633
: emerg. am. (1) (intro.), cr. (1) (d), (1m), eff. 11-18-16; CR 16-051
: am. (1) (intro.), cr. (1) (d), (1m) Register July 2017 No. 739
, eff. 8-1-17.
Similar to peers.
A residential care center shall promote normalcy and the healthy development of a resident by supporting the resident's right to participate in extracurricular, enrichment, cultural, and social activities and have experiences that are similar to peers of the same age, maturity, or development.
A residential care center shall ensure the presence on-site of at least one RPPS decision maker at all times to make decisions regarding the participation of a resident in age or developmentally appropriate extracurricular, enrichment, cultural, and social activities.
An RPPS decision maker shall have knowledge of a resident and access to the resident's treatment plan and other resident case records under s. DCF 52.49
related to the decision-making factors in sub. (4)
An RPPS decision maker shall document in the communication log under s. DCF 52.41 (1m)
decisions made under this section for activities that do not take place in the residential care center and are not supervised by a staff person.
An RPPS decision maker shall document on a form prescribed by the department any decision made under this section that requires written permission from the center in lieu of the resident's parent or guardian. The completed form shall be placed in the resident's case record under s. DCF 52.49 (2) (b)
DCF 52.415 Note
DCF-F-5124-E, Reasonable and Prudent Parent Decision Record
, is 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.
Reasonable and prudent parent standard.
When an RPPS decision maker is making a decision regarding a resident's participation in activities, the RPPS decision maker shall use a decision-making standard that is characterized by careful and sensible parental decisions that maintain the health, safety, best interests, and cultural, religious, and tribal values of the resident while at the same time encouraging the emotional and developmental growth of the resident, if the activities meet the conditions in pars. (a)
Areas covered by the standard.
The resident is participating or wants to participate in extracurricular, enrichment, cultural, or social activities, including all of the following.
Activities related to transportation, such as obtaining a driver's license, driving, or carpooling with peers and other adults.
Formal or informal employment and related activities, such as opening an account in a bank or credit union.
Activities related to peer relationships, such as visiting with friends, staying overnight at a friend's house, or dating.
Activities related to personal expression, such as haircuts; hair dying; clothing choices; or sources of entertainment, including games and music.
Age or developmentally appropriate activities.
The resident is participating or wants to participate in activities that are suitable based on any of the following criteria:
Activities that are generally accepted as suitable for children of the same 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 the same age or age group.
Activities that are suitable based on this resident's cognitive, emotional, physical, and behavioral capacities.
DCF 52.415 Note
Note: The reasonable and prudent parent standard does not apply to a child receiving respite care services.
When applying the reasonable and prudent parent standard to a decision regarding a resident's participation in an extracurricular, enrichment, cultural, or social activity, an RPPS decision maker shall consider all of the following:
The resident's wishes, as gathered by engaging the resident in an age-appropriate discussion about participation in the activity.
Whether participating in the activity is in the best interest of the resident.
Court orders and other legal considerations affecting the resident, including the prohibitions in sub. (5)
Cultural, religious, and tribal values of the resident and the resident's family. If the resident and the resident's family have different cultural, religious, or tribal values, then the placing agency, or the department if the department is the resident's guardian, is ultimately responsible for decisions concerning the resident's care.
Potential risk factors of the situation, including whether the resident has the necessary training and safety equipment to safely participate in the activity under consideration.
Whether participating in the activity will provide experiences that are similar to the experiences of other residents of the same age, maturity, or development.
Other information regarding the parent's or guardian's wishes and values, as obtained during the development and review of the resident's treatment plan under s. DCF 52.22 (1)
and other discussions with the resident's parent or guardian.
Any other concerns regarding the safety of the resident, other residents in the residential care center, or the community.
DCF 52.415 Note
The forms required under ch. DCF 37
are DCF-F-872A-E, Information for Out-of-Home Care Providers, Part A
DCF-F-872B-E, Information for Out-of-Home Care Providers, Part B.
Both 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.
An RPPS decision maker may not do any of the following:
Permit a resident to participate in an activity that would violate a court order or any federal or state statute, rule, or regulation.
Make a decision that conflicts with the resident's permanency plan or family interaction plan.
Authorize the resident's enlistment in the U.S. armed forces.
Authorize medical, psychiatric, or surgical treatment for the resident beyond the terms of the consent for medical services authorized by the resident's parent or guardian.
Represent the resident in a legal action or make a decision of substantial legal significance.
Determine which school the resident attends or make a decision for the resident regarding an educational right or requirement that is provided in federal or state law.
DCF 52.415 Note
For example, only a parent or guardian can make decisions about a resident's individualized educational program under s. 115.787
Require or prohibit a resident's participation in an age or developmentally appropriate activity solely for convenience or a personal reason not applicable to the decision-making factors in sub. (4)
DCF 52.415 History
: emerg. cr., eff. 11-18-16: CR 16-051
: cr. Register July 2017 No. 739
, eff. 8-1-17.
Behavior management and control. DCF 52.42(1)(a)
“Behavior management and control" means techniques, measures, interventions and procedures applied in a systematic fashion to prevent or interrupt a resident's behavior which threatens harm to the resident or others or to property and which promote positive behavioral or functional change fostering resident self-control.
“Informed consent document" means a document signed by a resident's parent or guardian and legal custodian or under a court order or under another lawful authority which gives written informed consent for use of a locked unit for a resident based on the following:
Stated reasons why the intervention is necessary and why less restrictive alternatives are ineffective or inappropriate.
The amount of time in each day and length of time in days or months the resident is expected to remain in the locked unit.
The right to withdraw informed consent at any time verbally or in writing and possible consequences for the center and resident if consent is withdrawn.
“Locked unit" means a ward or wing designated as a protective environment in which treatment and services are provided and which is secured by means of a key lock in a manner that prevents residents from leaving the unit at will. A facility locked for purposes of external security is not a locked unit provided that residents may exit at will.
“Emergency safety intervention" means that a staff member physically intervenes with a resident when the resident's behavior presents an imminent danger of harm to self or others and physical restraint or physically enforced separation is necessary to contain the risk and keep the resident and others safe.
“Physically enforced separation" means that a resident is temporarily physically removed to a time-out room or area including, where applicable, a locked unit. “Physically enforced separation" does not include sending a resident on the resident's own volition to the resident's room or another area for a cooling off period as part of a de-escalation technique.
“Physical hold restraint" means that a resident is temporarily physically restrained by a staff member.
“Time-out room" means a designated room used for temporarily holding a resident who is in physically enforced separation from other residents.
A center shall assign to a professional staff member the responsibility to monitor and review, on an ongoing basis, the use of all center behavior management measures identified under par. (b)
for appropriateness and consistency.