Chapter DCF 57

DCF 57.21(1)(h)3. 3. Immunizations.

DCF 57.21(1)(h)4. 4. Medications and treatments that the resident receives under s. DCF 57.29 (5).

DCF 57.21(1)(h)5. 5. Any allergies, including food, medication, or environmental.

DCF 57.21(1)(h)6. 6. Any physical limitations and required adaptive devices.

DCF 57.21(1)(h)7. 7. Any statements from a medical provider, registered dietician nutritionist, or prenatal care provider regarding a resident’s diet under s. DCF 57.30 (5).

DCF 57.21(1)(i) (i) Name of school and current grade.

DCF 57.21(1)(j) (j) Any religious preference.

DCF 57.21(1)(k) (k) Inventory of the resident’s possessions.

DCF 57.21(1)(L) (L) Nonmedical signed releases and consents.

DCF 57.21(1)(m) (m) Reasonable and prudent parenting decision records required under s. DCF 57.28 (3) (c).

DCF 57.21(1)(n) (n) Any serious incident report involving the resident under s. DCF 57.09 (1).

DCF 57.21(1)(o) (o) A description of any resident rights that are denied or limited and the disposition of any grievances under s. DCF 57.25 (4).

DCF 57.21 Note Note: DCF-F-CFS2382A Intake Information – Group Home Resident, is a voluntary form that may be used to comply with this subsection. This form is available in the forms section of the department website at https://dcf.wisconsin.gov/forms.

DCF 57.21(2) (2) The resident record required in sub. (1) shall be maintained by the licensee until the resident reaches the age of 21 or 7 years after the resident is discharged from the group home, whichever is later.

DCF 57.21 History History: CR 26-005: cr. Register May 2026 No. 845, eff. 6-1-26.

DCF 57.22 DCF 57.22 Confidentiality.

DCF 57.22(1) (1) A licensee shall ensure that each resident record and other personally identifiable information on the resident is kept confidential and protected from unauthorized examination pursuant to ss. 48.78 and 48.981 (7), Stats.; to ch. DHS 92 and s. 51.30 (4), Stats., where applicable; and to any other applicable state or federal laws.

DCF 57.22(2) (2) A licensee shall create written procedures on all of the following:

DCF 57.22(2)(a) (a) Maintaining the confidentiality of resident records and personally identifiable information.

DCF 57.22(2)(b) (b) Storage and access to electronic records.

DCF 57.22 History History: CR 26-005: cr. Register May 2026 No. 845, eff. 6-1-26.

DCF 57.23 DCF 57.23 Principles for nurturing care. A licensee shall do all the following:

DCF 57.23(1) (1) Provide a safe, stable, and humane environment.

DCF 57.23(2) (2) Encourage a resident’s autonomy; respect a resident’s need for privacy; and consider a resident’s preferences and choices while providing care, supervision, and treatment.

DCF 57.23(3) (3) Provide care that is culturally responsive and respectful toward the beliefs, interpersonal styles, attitudes, and behavior of each resident and their family.

DCF 57.23(4) (4) Ensure a resident’s access to family and other persons with whom they have an important relationship.

DCF 57.23 History History: CR 26-005: cr. Register May 2026 No. 845, eff. 6-1-26.

DCF 57.24 DCF 57.24 House rules. A licensee shall create written house rules that include a description of unacceptable resident conduct and the consequences for violation of a house rule.

DCF 57.24 History History: CR 26-005: cr. Register May 2026 No. 845, eff. 6-1-26.

DCF 57.25 DCF 57.25 Resident’s rights.

DCF 57.25(1) (1) Patient’s rights. A licensee shall be knowledgeable of and ensure that each staff member complies with the patient rights and grievance resolution procedures in ch. DHS 94 and s. 51.61, Stats., for each resident who receives services for treatment of mental illness, a developmental disability, alcoholism, or drug dependency.

DCF 57.25(2) (2) Comparable to patient’s rights; searches. A resident who is not receiving the services specified in sub. (1) shall have a written rights and a grievance resolution procedure that are comparable to those found in ch. DHS 94 and s. 51.61, Stats., and, except that a search may only be conducted as follows:

DCF 57.25(2)(a) (a) A staff member may search a resident’s sleeping area, belongings, and other storage space used by the resident without the resident’s consent if the staff member believes the search is necessary to prevent harm to the resident or another person.

DCF 57.25(2)(b) (b) The staff member shall inform the resident of the search if the resident did not consent in advance.

DCF 57.25(3) (3) Post rights. A copy of patients’ rights under ch. DHS 94, the group home grievance procedure, and the rule on searches in sub. (2) shall be posted in each group home in a prominent place accessible to residents, staff members, and visitors.

DCF 57.25 Note Note: The DHS 94 patient’s rights information and posters can be obtained at http://dhs.wisconsin.gov/clientrights/FormsPubsPosters.htm

DCF 57.25(4) (4) Documentation. If a resident’s rights are limited or denied under this section, the licensee shall document any denial or limitation of rights in the resident’s record under s. DCF 57.21 (1) (o), unless otherwise required by ch. DHS 94. The documentation shall include a description of the following:

DCF 57.25(4)(a) (a) The resident’s right that was affected.

DCF 57.25(4)(b) (b) Any less restrictive alternatives that were considered.

DCF 57.25(4)(c) (c) Reason for the limitation or denial.

DCF 57.25(4)(d) (d) Specific individualized limitation or denial.

DCF 57.25(4)(e) (e) Conditions required for restoring or granting the limited or denied right.

DCF 57.25 Note Note: DHS Form F-26100, Client Rights Limitation or Denial Documentation, is available in the forms section of the Department of Health Services website http://www.dhs.wisconsin.gov/forms and may be used to fulfill the requirements of this subsection.

DCF 57.25(5) (5) Procedures. A licensee shall create a written procedure that includes all of the following:

DCF 57.25(5)(a) (a) How the group home conducts a search in compliance with sub. (2).

DCF 57.25(5)(b) (b) What the licensee or a staff member will do if a dangerous item is found during a search.

DCF 57.25 History History: CR 26-005: cr. Register May 2026 No. 845, eff. 6-1-26.

DCF 57.26 DCF 57.26 Behavior intervention.

DCF 57.26(1) (1) Discipline. When deciding on the appropriate disciplinary action for a resident, a staff member shall consider information in the resident’s treatment plan on the resident’s trauma history; age; and cognitive, emotional, physical, and behavioral capacities to understand and learn age-appropriate behaviors.

DCF 57.26(2) (2) Resident-specific precautions. If a resident has a propensity or known history of harm to others or engages in self-harm or suicidal ideation, staff members shall take precautions to protect the resident and others having contact with the resident.

DCF 57.26(3) (3) Prohibited measures. No licensee, staff member, other employee or contractor, or volunteer or may do any of the following:

DCF 57.26(3)(a) (a) Hit, shake, pinch, push, twist, physically intimidate, threaten to physically harm, or use any other means that is known or should be known to inflict mental or physical harm or any other actions that may be psychologically, emotionally, or physically painful to a resident.

DCF 57.26(3)(b) (b) Deprive a resident of their basic needs, including food, sleep, clothing, toileting access, and interactions with their family.

DCF 57.26(3)(c) (c) Verbally abuse a resident, use profanity, or use any language that may ridicule or demean a resident.

DCF 57.26(3)(d) (d) Lock a resident in a room or any other place.

DCF 57.26(3)(e) (e) Prevent a resident from entering the group home unless the resident poses an imminent danger to a person in the group home.

DCF 57.26(3)(f) (f) Use any item to cover a resident’s head or face or wrap the resident’s body with sheets, blankets, or any other material.

DCF 57.26(3)(g) (g) Require a resident to march, stand, kneel, or assume and remain in any fixed position.

DCF 57.26(3)(h) (h) Release any noxious, toxic, or otherwise unpleasant substances near the face of a resident.

DCF 57.26(3)(i) (i) Authorize, direct, or ask a resident to discipline another resident.

DCF 57.26(3)(j) (j) Discipline one resident for the behavior or action of another resident.

DCF 57.26(3)(k) (k) Employ any measure that is aversive, cruel, or humiliating or that may be psychologically, emotionally, or physically painful, discomforting, dangerous, or potentially injurious to a resident.

DCF 57.26(3)(L) (L) Use any mechanical restraint or equipment that restricts the movement of a resident or a portion of the resident’s body as behavior intervention.

DCF 57.26(4) (4) Emergency safety intervention.

DCF 57.26(4)(a) (a)

DCF 57.26(4)(a)1. 1. A staff member may not use any type of physical restraint on a resident unless the resident’s behavior presents an imminent danger and physical restraint is necessary to contain the risk and keep the resident or others safe.

DCF 57.26(4)(a)2. 2. A licensee who is not serving as a staff member and any other employee or contractor or volunteer may not use any type of physical restraint on a resident.

DCF 57.26(4)(b) (b) A staff member shall attempt other feasible alternatives to de-escalate a resident and situation before using physical restraint.

DCF 57.26(4)(c) (c) A staff member may not use physical restraint as disciplinary action, for the convenience of the staff member, or for therapeutic purposes.

DCF 57.26(4)(d) (d) If physical restraint is necessary under par. (a), a staff member may only use the physical restraint in the following manner:

DCF 57.26(4)(d)1. 1. With the least amount of force necessary and in the least restrictive manner to manage the imminent danger of harm to self or others.

DCF 57.26(4)(d)2. 2. That lasts only for the duration of time that there is an imminent danger of harm to self or others.

DCF 57.26(4)(d)3. 3. That does not include any of the following:

DCF 57.26(4)(d)3.a. a. Any maneuver or technique that does not give adequate attention and care to protection of the resident’s head.

DCF 57.26(4)(d)3.b. b. Any maneuver that places pressure or weight on the resident’s chest, lungs, sternum, diaphragm, back, or abdomen causing chest compression.

DCF 57.26(4)(d)3.c. c. Any maneuver that places pressure, weight, or leverage on the neck or throat, on any artery, or on the back of the resident’s head or neck or that otherwise obstructs or restricts the circulation or blood or obstructs an airway, such as straddling or sitting on the resident’s torso.

DCF 57.26(4)(d)3.d. d. Any type of choke hold.

DCF 57.26(4)(d)3.e. e. Any technique that uses pain inducement to obtain compliance or control, including punching, hitting, hyperextension of joints, or extended use of pressure points for pain compliance.

DCF 57.26(4)(d)3.f. f. Any technique that involves pushing on or into a resident’s mouth, nose, or eyes or covering the resident’s face or body with anything, including soft objects, such as pillows, washcloths, blankets, and bedding.

DCF 57.26(4)(d)3.g. g. Any technique that results in the resident being in a prone position.

DCF 57.26(4)(d)4. 4. Notwithstanding subd. 3. f., if a resident is biting themselves or another person, a staff member may use a finger in a vibrating motion to stimulate the resident’s upper lip and cause the resident’s mouth to open and may lean into the bite with the least amount of force necessary to open the resident’s jaw.

DCF 57.26(4)(e) (e) After an episode of physical restraint, a debriefing shall take place with the resident and each staff member involved in the physical restraint.

DCF 57.26(4)(f) (f) Each staff member who uses a physical restraint or who witnesses the use of a physical restraint shall within 24 hours of each incident give the program director or group home manager a written description of the incident. The program director or group home manager shall document each incident, including date, time, and a description of the circumstances of the incident, and report the incident to the department as required under s. DCF 57.09 (1) (a) 3. The description shall include all of the following:

DCF 57.26(4)(f)1. 1. The name and age of each resident involved.

DCF 57.26(4)(f)2. 2. The date, time, and location of the incident.

DCF 57.26(4)(f)3. 3. The legal name and job title of each staff member involved in the restraint and the name of any other person who witnessed the use of the restraint with a description of their role in the group home.

DCF 57.26(4)(f)4. 4. Circumstances leading up to the use of restraint, the behavior that prompted the restraint, efforts made to de-escalate the situation, and the alternatives to restraint that were attempted.

DCF 57.26(4)(f)5. 5. A description of the administration of the restraint, including the holds used and the reasons the holds were necessary.

DCF 57.26(4)(f)6. 6. The beginning and ending time of the restraint and how the restraint ended.