The licensee shall maintain on the premises a record for each current resident. Each record shall contain all of the following information:
Resident's first name, last name, and alias, if any, date of birth, and gender.
Voluntary placement agreement or court order or both as appropriate.
Referral information such as court reports and assessments from the placing agency.
Name, address and telephone number of the placing agency, parent, guardian, or legal custodian that is responsible for the resident.
Name, address, and telephone number of the person or placing agency and physician to be called in an emergency.
Current medical information including all of the following:
Dates of medical and dental examinations and recommendations for follow-up care.
Incident reports involving the resident for whom the record was made.
Description of any resident rights that are denied or limited and disposition of any grievances.
Inventory of the resident's clothing and other possessions.
Resident records shall be maintained in a secure location pursuant to the confidentiality requirements in s. DCF 57.39
. The 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. The record of a resident that has been discharged may be stored off the premises, but must be made available to the department upon request.
DCF 57.38 History
History: CR 04-067
: cr. Register September 2005 No. 597
, eff. 1-1-06; correction in (2) made under s. 13.92 (4) (b) 7.
, Stats., Register November 2008 No. 635
: emerg. am. (2), eff. 8-1-14; CR 14-054
: am. (2) Register April 2015 No. 712
, eff. 5-1-15; EmR1633
: emerg. r. and recr. (1) (g), eff. 11-18-16; CR 16-051
: r. and recr. (1) (g) Register July 2017 No. 739
, eff. 8-1-17.
Information and records on residents shall be kept confidential and shall be protected from unauthorized examination pursuant to s. 48.78
and 48.981 (7)
, Stats., or where applicable s. 51.30 (4)
, Stats., and ch. DHS 92
Physical plant and environment. DCF 57.40(1)(a)
In addition to maintaining the premises in compliance with state and local building code requirements, the licensee shall maintain the premises in a state of good repair and in a clean, safe and sanitary condition.
The department may require a licensee to obtain an inspection of the premises and of the heating, electrical, plumbing, water and sewage systems to determine if any safety or health problems exist.
Halls leading to exits shall be clear and unobstructed at all times. At least one exit door shall be at least 3 feet in width.
All stairways serving 3 or more levels shall have a door at either the bottom or top of the stairway which shall be kept closed at all times.
Habitable rooms on the second floor shall have access to at least 2 exits. At least one of the exits shall be a stairway to the first floor or to grade.
If a child 6 years of age or over occupies a room on the second floor, a window may be used as an exit if the window can be opened from the inside without the use of tools, is at least 22 inches in the smallest dimension, is at least 5 square feet in area, and has a lower sill not more than 4 feet from the floor and a window escape ladder for use in an emergency evacuation.
If a child under 6 years of age occupies a room on the second floor, the second exit may be an additional stairway to the first floor or grade or an exit to a balcony that is not more than 15 feet above grade with a floor that measures at least 3 feet by 3 feet and a rail that is not more than 36 inches high.
Habitable rooms above the second floor shall have at least 2 exits that are both stairways to the second floor or to grade or that are to one stairway to the second floor and one stairway to grade. Windows and balconies may not be designated as exits.
Habitable rooms below grade shall have at least 2 exits. At least one exit shall be a stairway to grade or a door that is below grade level that leads to grade level by an outdoor stairway. The second exit may be either a stairway leading to a first floor above grade or a window that meets the requirements in par. (c) 2.
If the group home's water supply is from a private well, the well shall be approved by the department of natural resources. Water samples from an approved well shall be tested at least annually for lead and bacteria by a laboratory certified under ch. ATCP 77
. If the group home population includes children under 6 years old or expectant mothers, the water shall be tested as required in s. DCF 57.36 (8)
or 57.37 (8)
, as applicable.
The group home shall have an adequate sewage disposal system. If the group home has a private sewage disposal system, the system shall be approved by the appropriate governmental approving authority.
The group home shall be equipped with a water heater sufficient to meet the needs of all residents. The hot water delivered to the group home's sinks, tubs, and showers shall not exceed 110°
The group home shall be equipped with a heating system that is capable of maintaining a temperature of at least 68°
All rooms, including bedrooms must be provided with adequate heating, cooling and ventilation.
If the temperature inside the group home exceeds 80°
Fahrenheit during summer months, the licensee shall provide for air circulation with fans or by other means.
The heating unit shall be maintained in a safe condition as determined by an annual inspection by an individual professionally qualified to conduct such inspections.
Bath and toilet rooms shall have either a window that opens or be equipped with exhaust ventilation to the outside.
All habitable rooms shall have electric lighting sufficient to meet the needs of the group home and its residents.
There shall be at least 200 square feet of living space for each resident of the home. “Living space" includes any area that is used by a resident in daily living and excludes unfinished basement, attic, attached garage or similar areas, not usually occupied by a resident in daily living. The licensee shall ensure compliance with all of the following space requirements:
A group home serving only males or only females shall have at least one full bathroom that contains a toilet, sink, and a tub or shower available for use by residents. A group home initially licensed on or after January 1, 2006, serving males and females shall have 2 full bathrooms that are gender specific, each containing a toilet, sink and a tub or shower, unless the department grants an exception under s. DCF 57.02
A bathroom that can be accessed only through a room used as a bedroom may not be counted as being available for use by residents who do not occupy that bedroom.
If the total number of residents and children of residents over the age of 2 years exceeds 10, there shall be 2 full bathrooms.
Each bedroom shall have a door that allows for privacy and a window that allows natural light to enter.
At least one wall of each room used as a bedroom by a resident shall be an outside wall.
For group homes licensed before January 1, 2006, the floor space of each bedroom shall be as follows:
A bedroom that is used by one resident shall have at least 55 square feet of floor space.
A bedroom that is occupied by 2 residents shall have at least 50 square feet of floor space for each resident.
A bedroom that is occupied by 3 or more residents shall have at least 45 square feet of floor space for each resident.
A bedroom that is occupied by a custodial parent and that parent's child or children shall have the additional square footage required in s. DCF 57.36 (7)
For a group home that is licensed after the effective date of this rule, January 1, 2006, all of the following shall apply:
A bedroom that is used by one resident shall have at least 80 square feet of floor space. If the resident is non-ambulatory or uses adaptive devices for ambulating, the bedroom shall have at least 100 square feet of floor space.
A bedroom that is used by more than one resident shall have a minimum of 60 square feet of floor space for each resident. If either or both of the residents are non-ambulatory or uses adaptive devices for ambulation, the bedroom shall have at least 80 square feet of floor space for each resident.
The minimum space between beds, cribs, and bassinets shall be at least 2 feet. There shall be at least 5 feet of space between bunk beds. The top deck of a bunk bed shall be at least 3 feet below the lowest point of the ceiling and there shall be at least 3 feet between upper and lower bunks.
Dining areas shall be of sufficient size to permit all residents and staff to sit down for meals at one time.
The kitchen shall be equipped with a stove, refrigerator, cooking and eating utensils, and any other appliance or utensil that may be required to meet the needs of each resident.
Each refrigerator and freezer shall be equipped with a clearly visible, accurate thermometer. Refrigerators shall be maintained at 40°
Fahrenheit or lower. Freezers shall be maintained at 0°
Fahrenheit or lower.
A group home shall have storage space to accommodate clothing and other personal items of each resident of the group home.
There shall be a quiet area in the group home suitable for study.
Laundry facilities shall be available to meet the needs of all residents. Any laundry equipment in the group home shall be installed and vented in accordance with the manufacturer's recommendations.
Each stairway shall have a handrail.
DCF 57.40 History
History: CR 04-067
: cr. Register September 2005 No. 597
, eff. 1-1-06; corrections in (3) (a) 2., (6) (a) 2. and (b) 3. d. made under s. 13.92 (4) (b) 7.
, Stats., Register November 2008 No. 635
; correction in (3) (a) 2. made under s. 13.92 (4) (b) 7.
, Stats., Register August 2011 No. 668
: emerg. cr. (7), eff. 9-16-11; CR 11-026
: cr. (7) Register December 2011 No. 672
General safety precautions. DCF 57.41(1)(1)
Windows and doors that are used for ventilation shall be properly screened.
Electrical systems and appliances shall be in good repair and properly protected.