Register March 2018 No. 747
Chapter DCF 59
SHELTER CARE FACILITIES
Administration and management.
Physical plant and environment.
Records and reporting.
License denial or revocation.
The purpose of this chapter is to protect and promote the health, safety and welfare of children in shelter care facilities.
(2) To whom the rules apply.
This chapter applies to all persons making application to the department for a license to provide shelter care.
(3) Responsibility of the department.
The department shall evaluate the applicant, issue a license if the applicant is qualified, and supervise the licensee to ensure continued compliance with this chapter.
(4) Exception to rules.
The department may make exceptions to any of the rules for licensing shelter care facilities when the department is assured that granting such exceptions is not detrimental to the health, safety and welfare of children in shelter care, except that exceptions may not be made to s. DCF 59.03 (2) (b)
or to s. DCF 59.05 (2)
(5) Compliance with administrative rules and laws. DCF 59.01(5)(a)(a)
A person who is licensed under this chapter shall operate the shelter care facility in compliance with this chapter, the provisions of the license, and applicable state, federal, and local law.
A shelter care facility for more than 8 children shall comply with the Wisconsin Commercial Building Code and applicable local ordinances.
Family shelter care facilities that house from one to 4 children;
Small group shelter care facilities that house 5 to 8 children; and
Large group shelter care facilities that house 9 to 20 children.
Any shelter care facility licensed or approved by the department under rules for licensing child welfare institutions to house more than 20 children at the time this chapter goes into effect may continue to house the number of children for which it has been approved.
(7) Individually licensed.
All shelter care facilities shall be individually licensed, even though more than one may be owned or operated by the same person.
(8) Multiple licensing.
A facility licensed under s. 48.62
, Stats., as a family foster home or group home by a county department of social services or the department may be licensed to concurrently provide shelter care as long as the applicant can show to the satisfaction of the department that the facility is capable of providing both types of care without lowering the level or services for any resident of the facility. Persons operating a facility with multiple licenses shall designate particular beds within the living unit for each type of service provided.
DCF 59.01 History
Cr. Register, December, 1982, No. 324
, eff. 1-1-83; emerg. r. and recr. (6) (a), eff. 12-1-93, r. and recr. (6) (a), Register, September, 1994, No. 465
, eff. 10-1-94; correction in (5) made under s. 13.93 (2m) (b) 7., Stats., Register, December, 1999, No. 528
; correction in (5) made under s. 13.93 (2m) (b) 7., Stats.; CR 04-040
: r. and recr. (5) Register December 2004 No. 588
, eff. 1-1-05; correction in (4) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635
DCF 59.02 Definitions.
In this chapter:
“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 child, activities that are suitable for the child based on the cognitive, emotional, physical, and behavioral capacities of that child.
“Child" means an individual under 18 years of age, and refers both to a child placed for shelter care and to any other individual under 18 years of age living in the shelter care facility.
“Department" means the Wisconsin department of children and families.
“Executive" means the individual designated by the board of a corporation to be primarily responsible for the administration of all shelter care facilities operated by the corporation.
“Family care staffing" means that at least one shelter care worker, whether an independent operator or an employee of a licensee, has the facility as a primary domicile.
“Family interaction plan” means a plan developed by a placing agency to promote a child's interaction with members of the child'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.
“Hold-over room" means a nonsecure room in a county government facility, the purpose of which is to provide a safe environment for holding a child to facilitate the child's appearance at a court hearing within 24 hours or over the weekend if the child is placed in the hold-over room on a Friday or on the weekend, or to transport the child to another facility within 24 hours.
“Hold-over room attendant" means a staff person or volunteer who provides care and supervision of the occupant or occupants of a hold-over room.
“Licensee" means the person who is primarily responsible for the operation of a facility and who is licensed by the department to operate the facility.
“Nonsecure" means a child is not held or prevented from leaving against his or her will.
“Normalcy” means the ability to easily engage in healthy and age or developmentally appropriate activities that promote his or her well-being, such as participation in social, scholastic, and enrichment activities.
“Person" means any individual, partnership, association, corporation or public agency other than the department.
“Privately-operated shelter care facility" means a facility operated by persons who are not county employees and from whom a county board of supervisors purchases services pursuant to s. 938.22 (5)
“Publicly-operated shelter facility" means a facility operated by a county board of supervisors pursuant to s. 938.22 (1)
“Reasonable and prudent parent standard” means a standard for use in making decisions regarding a child's participation in age or developmentally appropriate extracurricular, enrichment, cultural, and social activities that is characterized by careful and sensible parental decisions that maintain the health, safety, best interests, and cultural, religious, and tribal values of the child while at the same time encouraging the emotional and developmental growth of the child.
“Relief help" means an individual who is used to replace shelter care workers on an unscheduled basis and for a few hours or few days at a time. An individual regularly scheduled to replace shelter care workers on days off or for vacations and other prolonged periods is not relief help but an additional shelter care worker.
“RPPS decision maker” means an individual who has successfully completed training on the application of the reasonable and prudent parent standard and makes reasonable and prudent parenting decisions under s. DCF 59.055
“Shelter care" means short-term, nonsecure residential care and physical custody of children pending court action. “Short-term"means a maximum of 30 days for each episode, with extension for up to another 30 days as provided in s. DCF 59.05 (3) (b)
, except that for a hold-over room “short-term" means not longer than 24 hours or, if the placement is made on a Friday or on the weekend, not longer than over the weekend until the following Monday.
“Shelter care worker" means an individual who provides primary care and supervision of children in a shelter care facility on a regular schedule, either on a full-time or part-time basis, but not a hold-over room attendant.
“Shift staffing" means that all shelter care workers employed by the licensee provide care on a rotating or shift basis in the shelter care facility.
“Superintendent" means an individual designated pursuant to s. 938.22 (3)
, Stats., by the juvenile court judge or, when 2 or more counties cooperate to provide shelter care, by a committee of juvenile court judges, to supervise the provision of shelter care within a county.
“Unit supervisor" means the individual in a shelter care facility who is primarily responsible for supervising the day-to-day activities of that facility.
“Volunteer" means any individual providing services to the shelter care facility who receives no monetary reimbursement for services. Payment for out-of-pocket expenses is not considered reimbursement for services.
DCF 59.02 History
Cr. Register, December, 1982, No. 324
, eff. 1-1-83; emerg. cr. (4g), (4m), (6g), emerg. am. (11), (12), eff. 12-1-93, cr. (4g), (4m), (6g), am. (11), (12), Register, September, 1994, No. 465
, eff. 10-1-94; correction in (11) made under s. 13.93 (2m) (b) 7., Stats., Register, September, 1994, No. 465
; corrections in (8), (9) and (14) made under s. 13.93 (2m) (b) 7., Stats., Register, December, 1999, No. 528
; correction in (8) made under s. 13.93 (2m) (b) 7., Stats., Register December 2004 No. 588
; corrections in (2) and (11) made under s. 13.92 (4) (b) 6. and 7., Stats., Register November 2008 No. 635
: emerg. renum. (1) to (1m), cr. (1), (4c), (9g), (10m), eff. 11-18-16; CR 16-051
: renum. (1) to (1m), cr. (1), (4c), (9g), (10m) Register July 2017 No. 739
, eff. 8-1-17.
DCF 59.03 Administration and management. DCF 59.03(1)(a)1.a.a.
A county wanting to operate a public shelter care facility, including a hold-over room, shall apply to the department for a license on forms provided by the department. The application shall be signed by the chairperson of the county board of supervisors and the presiding juvenile court judge. A hold-over room license applicant shall be a county department under s. 46.15
, Stats., or a county sheriff's department, as designated by the chairperson of the county board and the judge of the juvenile court.
DCF 59.03 Note
Note: An application for a license may be obtained by writing or telephoning any field office listed in Appendix A.
Except in the case of a hold-over room, 2 or more counties may cooperate to provide shelter care. A joint application shall be signed by the chairperson of the county boards of supervisors and the presiding juvenile court judges for all of the cooperating counties.
A county may apply to operate more than one family, small group or large group shelter care facility, but a separate application shall be submitted for each facility and each facility shall be licensed separately.
A county may apply to operate one or more hold-over rooms in the county under one license.
If the applicant meets the requirements contained in these rules, a license shall be issued which specifies the location of the shelter care facility, the sex, age and number of children it may receive, and the expiration date and any other conditions placed on the facility.