Chapter DCF 52

DCF 52.11(6)(b) (b) Establish and maintain an accounting system that enables a residential care center program to accurately report income and disbursements by the cost categories in the cost and service report in s. DCF 52.66 (1) (a).

DCF 52.11(6)(c) (c) Be responsible for the secure and judicious use of the funds of the residential care center. Policies and practices shall be in accord with sound budgeting, disbursement, and audit control procedures.

DCF 52.11(6)(d) (d) Maintain a system of business management and staffing to ensure complete and accurate accounts, books, and records are maintained.

DCF 52.11(6)(e) (e) Provide the department with financial information about the residential care center upon request.

DCF 52.11(7) (7) Community advisory committee. Make a “good faith effort” to establish and maintain a community advisory committee, pursuant to s. 48.68 (4), Stats.

DCF 52.11(8) (8) Meeting with the department. Meet with the department at the department’s request.

DCF 52.11(9) (9) Keeping copies of written complaints, grievances. Keep copies of all written complaints and grievances received under ss. 48.745 and 51.61, Stats., and reports of investigations made and of resolutions of complaints and grievances.

DCF 52.11(10) (10) Notification of parents and department related to residents.

DCF 52.11(10)(a) (a) Notify a resident’s parent or guardian, legal custodian, placing person or placing agency and the department as soon as possible of any injury requiring the resident’s hospitalization or causing the death of the resident or relocation of the resident off center licensed premises or any reported incident of abuse or neglect under s. 48.981, Stats.

DCF 52.11(10)(b) (b) Report to the department on a form prescribed by the department within 24 hours after the death of a resident when reasonable cause exists to believe that the death was related to the use of a physical restraint or a psychotropic medication or was a suicide, as required under s. 48.60 (5) (a), Stats.

DCF 52.11 Note Note: The required forms are available in the forms section of the department website at http://dcf.wisconsin.gov or by writing or calling any field office listed in Appendix D.

DCF 52.11 Note Form number CFS2091, Child’s Death, Serious Injury or Egregious Incident Notification
Form number CFS2146, Serious Incident Report
Form number CFS2183, Residential Care Center Statutorily Reportable Death

DCF 52.11(11) (11) Fire reporting. Notify the department as soon as possible of any fire that requires the services of the fire department or incidents which require police intervention.

DCF 52.11(12) (12) Incident reporting. Provide a report in writing to the department describing the events leading up to and including the occurrence of any incident under sub. (10) (a) or (11), within 48 hours after occurrence of the incident. The center shall retain a copy of the report.

DCF 52.11(13) (13) Filing plan with department before closing. When the center is being closed, notify and file a plan with the department at least 60 days before the closing date for the placement of center residents. The plan shall include procedures for terminating operations and time limits for notifying parents or guardians and county departments or other agencies responsible for the residents in care.

DCF 52.11(14) (14) Other notifications and reporting required by department. Comply with all other notifications and reporting the department determines appropriate such as for an incident involving the death or serious injury of a resident, a serious incident involving law enforcement, a reported incident of child abuse or neglect, a suicide attempt by a resident or a medication error adversely affecting a resident.

DCF 52.11(15) (15) Liability insurance coverage. Carry general and professional liability insurance coverage with limits of not less than $250,000 per person, $500,000 per occurrence for bodily injury and $100,000 for property damage.

DCF 52.11(16) (16) Compliance with program statement and operating plan. Follow all policies and procedures in the center’s program statement and operating plan under s. DCF 52.41 (1) and as otherwise required in this chapter or required by the department to fulfill the intent of this chapter.

DCF 52.11(17) (17) Compliance with caregiver background check law. Ensure that the center complies with ch. DCF 12, relating to background information checks on persons who will have access to center residents, and not hire, contract with or otherwise retain a person to work in any position where the person would have direct, regular contact with residents, if the person because of a specified past action is prohibited from working with residents.

DCF 52.11 Note Note: Caregiver background check requirements are also in s. 48.685, Stats.

DCF 52.11 Note Note: Make all notifications to the department required under this subsection and send all reports and plans required under this subsection to the appropriate field office of the Division of Safety and Permanence listed in Appendix D.

DCF 52.11(18) (18) Inspections. Allow the department to visit and inspect the center and be given unrestricted access to the premises. During this inspection, a licensee shall provide all of the following:

DCF 52.11(18)(a) (a) Any documentation of center operations requested by the department.

DCF 52.11(18)(b) (b) Any resident records requested by the department.

DCF 52.11(19) (19) Requests for information. Respond promptly to requests for information from the department, a placing agency, or any other governmental agency with statutory authority to see the information.

DCF 52.11(20) (20) Current and accurate. Ensure that information that the licensee or center staff submits to or shares with the department, a placing agency, or any other governmental agency is current and accurate.

DCF 52.11(21) (21) Emergency procedures. Have written procedures for handling an emergency including all of the following:

DCF 52.11(21)(a) (a) Calling in extra staff.

DCF 52.11(21)(b) (b) Securing the assistance of law enforcement or emergency medical personnel.

DCF 52.11(21)(c) (c) Alerting center staff and assigning roles and duties in response to the emergency.

DCF 52.11(22) (22) Disaster plan.

DCF 52.11(22)(a) (a) File a disaster plan with the department and any placing agency that has placed a child in the center that would allow the department or placing agency to identify, locate, and ensure continuity of services to residents under the placement and care responsibility or supervision of the placing agency who are displaced or adversely affected by a disaster. The disaster plan shall include all of the following information:

DCF 52.11(22)(a)1. 1. Where a licensee, center staff, and residents would go in an evacuation, including one location in the nearby area and one location out of the area.

DCF 52.11(22)(a)2. 2. Phone numbers, electronic mail addresses, and other contact information for the licensee.

DCF 52.11(22)(a)3. 3. A list of items that the licensee or center staff will take if evacuated, including any medication and medical equipment for residents.

DCF 52.11(22)(a)4. 4. Phone numbers the licensee will call to check in with the department and placing agency.

DCF 52.11(22)(b) (b) Review the disaster plan on a quarterly basis to ensure it is current and accurate. Document the quarterly review and provide the documentation to the department upon request.

DCF 52.11(23) (23) Department memos. Register to receive department memos on child welfare licensing and child welfare policy by electronic mail. A licensee shall submit a new registration if the licensee’s electronic mail address changes.

DCF 52.11 Note Note: Sign up for Child Welfare Licensing Memos at https://dcf.wisconsin.gov/cwlicensing/signup. Sign up for Child Welfare Policy Memos at https://dcf.wisconsin.gov/cwportal/sign-up.

DCF 52.11(24) (24) Non-discrimination. Ensure that the residential care center does not discriminate against a resident based on the resident’s race or cultural identification, sex, sexual orientation, age, color, creed, ancestry, national origin, disability, political affiliations, or religious beliefs.

DCF 52.11 History History: Cr. Register, February, 2000, No. 530, eff. 9-1-00; corrections in (4) (b), (c), (16) and (17) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; EmR1106: emerg. r. and recr. (2), (6), cr. (18) to (24), eff. 9-16-11; CR 11-026: r. and recr. (2), (6), cr. (18) to (24) Register December 2011 No. 672, eff. 1-1-12; CR 14-054: am. (intro.) Register April 2015 No. 712, eff. 5-1-15; correction in (17) made under s. 13.92 (4) (b) 7., Stats., Register March 2018 No. 747.

DCF 52.12 DCF 52.12 Personnel.

DCF 52.12(1) (1) Staffing.

DCF 52.12(1)(a) (a) A center shall have all of the following personnel:

DCF 52.12(1)(a)1. 1. A director employed by the center who is responsible for center operations.

DCF 52.12(1)(a)2. 2. One or more social work case work supervisors responsible for assessment and supervision of case work, service coordination and case management activities of resident services case managers through resident treatment planning reviews, case staffings and treatment record reviews.

DCF 52.12(1)(a)3. 3. One or more resident services case managers responsible for individual and group counseling of residents and individual counseling of residents and their families along with case work efforts involving residents and their families in planning, implementing and coordinating services and resources.

DCF 52.12(1)(a)4. 4. One or more resident care worker supervisors responsible for supervising and assessing resident care workers as they interact with residents and provide for the day-to-day care and supervision of residents.

DCF 52.12(1)(a)5. 5. One or more resident care workers responsible for direct care, nurturing and supervision of the residents.

DCF 52.12(1)(a)6. 6. Staff responsible for the center’s recreation program.

DCF 52.12(1)(a)7. 7. Staff responsible for educational services when the center has an on-grounds education program.

DCF 52.12(1)(b) (b) A center shall have the following services available for residents, either provided by professionals on staff or under agreement with professionals who are consultants for the center:

DCF 52.12(1)(b)1. 1. Health care needs assessment and supervision of the delivery of center health care services by a physician.

DCF 52.12(1)(b)2. 2. Dental care needs assessment by a dentist.

DCF 52.12(1)(b)3. 3. Services of a psychologist licensed under ch. 455, Stats., or a psychiatrist.

DCF 52.12(1)(b)4. 4. Services of other appropriately qualified professionals such as speech communication or hearing impairment specialists or occupational or physical therapists as necessary to carry out resident treatment plans.

DCF 52.12(1)(c) (c) The work schedule of a resident care worker shall:

DCF 52.12(1)(c)1. 1. Specify the worker’s routine and regular hours.

DCF 52.12(1)(c)2. 2. Not allow for the regular scheduling of more than 40 hours of direct care responsibilities with residents each week, exclusive of resident sleeping time, or more than 50 hours per week exclusive of resident sleeping time when the resident care worker is covering for sick leave, vacations, resignations or terminations of other staff.

DCF 52.12(1)(c)3. 3. Allow each resident care worker working longer than an 8 hour shift to have at least 15 minutes of free time during each additional 2 hour period.

DCF 52.12(2) (2) Staff qualifications. Staff hired or contracted for on or after September 1, 2000, to carry out the responsibilities under sub. (1) (a) shall have the following qualifications:

DCF 52.12(2)(a) (a) The center director under sub. (1) (a) 1. shall be an employee of the center, have a bachelor’s degree from a college or university in business or public administration or a social or behavioral science or in a social services or human services field and have 2 years of successful related work experience in administration or supervision.

DCF 52.12(2)(b) (b) The social work case work supervisor under sub. (1) (a) 2. shall be an employee of the center, have a master’s degree in social work from a school of social work or in a behavioral science with 2 years of supervised work experience in a family or child welfare agency, have experience in working with the kind of populations the center serves and provide evidence of supervisory knowledge and skills.

DCF 52.12(2)(c) (c) The resident services case manager under sub. (1) (a) 3. shall have education and experience which are specifically related to the client population to be served. That education and experience shall consist of the following for the type of population served:

DCF 52.12(2)(c)1. 1. Under this subdivision social or behavioral science field includes a degree in social work, sociology, psychology, speech communication or special education with certification for emotional disturbance or learning disabilities. For work with residents who are receiving services primarily for correctional aftercare or emotional disturbance, the resident services case manager shall have one of the following qualifications:

DCF 52.12(2)(c)1.a. a. A master’s degree in a social or behavioral science field with field work experience or employment experience working with children or families.

DCF 52.12(2)(c)1.b. b. A bachelor’s degree in a social or behavioral science field and either 2 years of employment experience in human services counseling involving children and families or at least 500 hours of supervised family or child contact therapy hours.

DCF 52.12(2)(c)2. 2. Under this subdivision a social or behavioral science field includes a degree in those fields specified under subd. 1. For work with residents who are receiving services primarily for alcohol or drug problems, the resident services case manager shall have one of the following qualifications:

DCF 52.12(2)(c)2.a. a. A bachelor’s degree in a social or behavioral science field and Wisconsin certification as an alcohol and drug counselor or meeting the qualifications of a registered alcohol and drug counselor I from the Wisconsin alcohol council certification board.

DCF 52.12(2)(c)2.b. b. An advanced professional degree in a social or behavioral science field from a college or university with at least 6 credits in courses offering content in alcohol and drug abuse treatment and counseling practicum or field experience.

DCF 52.12(2)(c)2.c. c. A bachelor’s degree in a social or behavioral science field from a college or university and 6 credits in courses offering content in alcohol and drug abuse treatment and counseling practicum or field experience.

DCF 52.12(2)(c)2.d. d. A bachelor’s degree in a social or behavioral science field from a college or university and 2 years of experience working with children in alcohol and drug abuse counseling.

DCF 52.12(2)(c)3. 3. For work with residents who are receiving services primarily for a developmental disability, the resident services case manager shall have the following education and experience qualifications:

DCF 52.12(2)(c)3.a. a. A degree in a social or behavioral science field. Under this subd. 3. a. a social or behavioral science field includes a degree in social work, sociology, psychology, speech communication, special education, physical therapy or occupational therapy.

DCF 52.12(2)(c)3.b. b. Specialized training or one year of employment experience in treating or working with developmentally disabled persons.

DCF 52.12(2)(d) (d) The resident care worker supervisor under sub. (1) (a) 4. shall be an employee of the center and meet one of the following qualifications:

DCF 52.12(2)(d)1. 1. Possess the qualifications described under par. (c) for working with the type of population served.

DCF 52.12(2)(d)2. 2. Have 3 years of experience in public or private institutional child care for the type of population the center serves, and have one year of experience as a supervisor or satisfactory completion of at least one course for credit in supervisory skill development and personnel management or have 40 hours of documented in-service training involving supervisory skill development and personnel management.

DCF 52.12(2)(d)3. 3. Have 2 years of experience in licensed institutional child care and be certified as a child and youth care worker meeting standards of the national organization of child and youth care workers association.

DCF 52.12(2)(e) (e) A resident care worker under sub. (1) (a) 5. shall be an employee of the center, have a high school diploma or equivalent and be at least 18 years old and at least 2 years older than the oldest resident. The resident care worker shall also meet one of the following qualifications:

DCF 52.12(2)(e)1. 1. Have a bachelor’s or associate degree from a college or university with a focus on child and youth care work or in a social or behavioral science field.

DCF 52.12(2)(e)2. 2. Have at least one year of successful experience working in a recognized child welfare residential setting for the type of resident population served by the center.

DCF 52.12(2)(e)3. 3. Be certified as a child and youth care worker under the standards of the national organization of child and youth care workers association or other department-recognized certifying authority.

DCF 52.12(2)(e)4. 4. Have completed a supervised traineeship program under sub. (5) (g).

DCF 52.12(2)(f) (f) A person under sub. (1) (a) 6. responsible for center recreational programming under s. DCF 52.41 (4) shall meet the qualifications of a resident care worker under par. (e) and have demonstrated proficiency and at least 3 months experience conducting activities in one or more recreational program areas appropriate for populations served by the center.

DCF 52.12(2)(g) (g) Education staff under sub. (1) (a) 7., shall meet Wisconsin department of public instruction qualifications for the students served.

DCF 52.12(2)(h) (h) Each staff person working for a center shall, where a college or university degree is required under this subsection, have the degree from an accredited college or university.

DCF 52.12 Note Note: For a list of accredited institutions of higher education in the Midwest, see “NCA Quarterly - Accredited Institutions of Post-Secondary Education” available from the North Central Associates of Colleges and Schools, 159 North Dearborn St., Chicago, Illinois 60601.

DCF 52.12(2)(i) (i) A center that hires or contracts for staff not identified under sub. (1) (a) having direct care or service involvement with residents shall, for those staff, also meet the requirements for employment applications under sub. (3), job descriptions and standards and confidentiality notification under sub. (4), staff training under sub. (5), staff supervision under sub. (6), child abuse and neglect reporting under sub. (9) and personnel records under sub. (10).