Chapter DCF 57

DCF 57.05(2)(n) (n) Prohibiting the use of resident labor as a substitute for employment of a sufficient number of competent persons to operate and maintain the group home.

DCF 57.05(2)(o) (o) A workable plan for contacting the licensee or a staff member when necessary.

DCF 57.05(2)(p) (p) For each shift of resident care staff, how all of the following will be documented:

DCF 57.05(2)(p)1. 1. Staff arrival and departure times.

DCF 57.05(2)(p)2. 2. Number and location of residents.

DCF 57.05(2)(p)3. 3. Summary of each resident’s behavior and program participation during the shift.

DCF 57.05(2)(p)4. 4. Significant incidents involving a resident, including specifying the types of incidents that are required to be documented in the communication log under s. DCF 57.215.

DCF 57.05(2)(q) (q) How the group home complies with the requirements of the reasonable and prudent parent standard, including all of the following:

DCF 57.05(2)(q)1. 1. How the communication log under s. DCF 57.215 will be used to inform different shifts of resident care staff and RPPS decision makers of reasonable and prudent parenting requests and decisions made for residents under s. DCF 57.245 for activities that do not take place in the group home and are not supervised by a staff member.

DCF 57.05(2)(q)2. 2. How the information on the forms required under ch. DCF 37 will be incorporated into a new resident’s treatment plan, as required under s. DCF 57.23 (2) (a) 14.

DCF 57.05(2)(q)3. 3. How the group home will ensure the presence on-site of at least one RPPS decision maker at all times.

DCF 57.05(2)(q)4. 4. A process for reviewing the parameters and requirements of the reasonable and prudent parent standard in conjunction with the group home’s corresponding policies and procedures.

DCF 57.05 Note Note: DCF-F-5123-E, Reasonable and Prudent Parent Standard Review, is an optional form that a group home may use to assist with the annual review. The form 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.

DCF 57.05 History History: CR 04-067: cr. Register September 2005 No. 597, eff. 1-1-06; correction in (2) (intro.) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; EmR1106: emerg. am. (1) (f), cr. (2) (p), eff. 9-16-11; CR 11-026: am. (1) (f), cr. (2) (p) Register December 2011 No. 672, eff. 1-1-12; EmR1633: emerg. cr. (2) (p) 4., (q), eff. 11-18-16; CR 16-051: cr. (2) (p) 4., (q) Register July 2017 No. 739, eff. 8-1-17.

DCF 57.06 DCF 57.06 Emergency planning and preparation.

DCF 57.06(1) (1) The licensee shall have written procedures for all of the following:

DCF 57.06(1)(a) (a) In case of emergency, contacting the placing agency, parent, guardian, or legal custodian, emergency service providers, a resident’s health care provider, the licensee, and staff members.

DCF 57.06(1)(b) (b) Fire safety, evacuation drills and response, including evacuation of residents with limited mobility, limited understanding, or hearing impairment in case of fire as specified in s. DCF 57.42 (2) (c), or other emergency.

DCF 57.06(2) (2) The telephone number of each of the following emergency service providers shall be posted by each telephone on the premises. If the emergency service providers listed below can be reached by dialing the emergency number “911”, then the emergency telephone number “911” may be posted in place of separate emergency provider numbers.

DCF 57.06(2)(a) (a) Ambulance service.

DCF 57.06(2)(b) (b) Fire department.

DCF 57.06(2)(c) (c) Police department.

DCF 57.06(2)(d) (d) Hospital.

DCF 57.06(2m) (2m) The telephone number of the poison control center shall be posted by each telephone on the premises.

DCF 57.06(3) (3) Each group home and vehicle used to transport residents shall have a first aid kit or first aid supplies including gauze and adhesive bandages, tape and latex or vinyl gloves; and that will provide care to the maximum number of residents allowed under the group home license. The first aid kit or first aid supplies shall be inventoried and re-supplied after each use.

DCF 57.06(4) (4) Phone numbers of staff members to be notified in case of an accident, the name, address, and telephone number of each resident’s health care provider and written consent from the resident’s parent, guardian, or legal custodian for emergency medical treatment shall be carried in a vehicle when transporting a resident.

DCF 57.06(5) (5) 

DCF 57.06(5)(a) (a) Each licensed group home shall file a disaster plan with the department and any placing agency with a resident placed in the group home that would allow the department and 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. A disaster plan shall include all of the following information:

DCF 57.06(5)(a)1. 1. Where a licensee, group home staff, and residents would go in an evacuation, including one location in the nearby area and one location out of the area.

DCF 57.06(5)(a)2. 2. Phone numbers, electronic mail addresses, and other contact information for the licensee.

DCF 57.06(5)(a)3. 3. A list of items that the licensee or group home staff will take if evacuated, including any medication and medical equipment for residents.

DCF 57.06(5)(a)4. 4. Phone numbers the licensee will call to check in with the department and placing agency.

DCF 57.06(5)(b) (b) A licensee shall 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 57.06 History History: CR 04-067: cr. Register September 2005 No. 597, eff. 1-1-06; correction in (1) (b) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; EmR1106: emerg. cr. (5), eff. 9-16-11; CR 11-026: cr. (5) Register December 2011 No. 672, eff. 1-1-12.

DCF 57.07 DCF 57.07 Financial records and audits.

DCF 57.07(1) (1) A licensee shall arrange for an annual audit report by a certified public accountant in accordance with department guidelines.

DCF 57.07 Note Note: For further information, contact the Department of Children and Families, Bureau of Finance, 201 W. Washington Avenue, P.O. Box 8916, Madison WI 53708-8916 or 608-422-7000.

DCF 57.07(2) (2) A licensee shall establish and maintain an accounting system that enables a group home to accurately report income and disbursements by the cost categories in the cost and service report in s. DCF 57.62 (1) (a).

DCF 57.07(3) (3) A licensee shall be responsible for the secure and judicious use of the funds of the group home. Policies and practices shall be in accord with sound budgeting, disbursement, and audit control procedures.

DCF 57.07(4) (4) A licensee shall maintain a system of business management and staffing to ensure complete and accurate accounts, books, and records are maintained.

DCF 57.07(5) (5) Upon request, a licensee shall provide the department with financial information about the group home.

DCF 57.07 History History: CR 04-067: cr. Register September 2005 No. 597, eff. 1-1-06; EmR1106: emerg. r. and recr., eff. 9-16-11; CR 11-026: r. and recr. Register December 2011 No. 672, eff. 1-1-12.

DCF 57.075 DCF 57.075 Department memos. A licensee shall 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 57.075 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 57.075 History History: EmR1106: emerg. cr., eff. 9-16-11; CR 11-026: cr. Register December 2011 No. 672, eff. 1-1-12.

DCF 57.08 DCF 57.08 Insurance.

DCF 57.08(1) (1) A corporation-operated or an agency-operated group home shall purchase and maintain insurance that provides coverage of the premises and of the risks of the group home in the provision of services as identified by an insurer licensed by the office of the commissioner of insurance.

DCF 57.08(2) (2) Unless waived by the department under s. 48.627 (2) (b), Stats., a family-operated group home shall purchase and maintain homeowner’s or renter’s liability insurance that provides coverage for negligent acts or omissions by children placed in the group home that results in bodily injury or property damage to third parties pursuant to s. 48.627 (2) (a), Stats.

DCF 57.08(3) (3) The licensee shall purchase and maintain motor vehicle bodily injury and property damage liability insurance that provides coverage on each motor vehicle used to transport residents. The amount of motor vehicle insurance purchased under this subsection shall be consistent with the amounts specified under s. 121.53 (1), Stats.

DCF 57.08 History History: CR 04-067: cr. Register September 2005 No. 597, eff. 1-1-06.

DCF 57.09 DCF 57.09 Weapons. No weapons, firearms, or ammunition may be on the premises.

DCF 57.09 History History: CR 04-067: cr. Register September 2005 No. 597, eff. 1-1-06.

DCF 57.10 DCF 57.10 Pets and animals.

DCF 57.10(1) (1) Any animal that is kept on the premises as a pet shall be vaccinated against rabies as determined appropriate by a veterinarian and shall be tolerant of residents.

DCF 57.10(2) (2) A pet suspected of being ill or infected shall be treated immediately for its condition or removed from the group home.

DCF 57.10(3) (3) Pens, cages, litter boxes and outside areas used by pets shall be kept clean.

DCF 57.10(4) (4) Each pet shall be kept and handled in a manner that protects the safety and well-being of residents and the pet.

DCF 57.10(5) (5) No pet may be allowed in any area while food is being prepared.

DCF 57.10 History History: CR 04-067: cr. Register September 2005 No. 597, eff. 1-1-06.

DCF 57.11 DCF 57.11 Telephone. A telephone that is operational shall be available on the premises at all times.

DCF 57.11 History History: CR 04-067: cr. Register September 2005 No. 597, eff. 1-1-06.

DCF 57.12 DCF 57.12 Transportation.

DCF 57.12(1) (1) The licensee shall provide safe transportation of residents.

DCF 57.12(2) (2) Except as provided in sub. (3) each staff member or volunteer that transports a resident shall be at least 21 years of age, have at least one year of experience as a licensed driver, and hold a current Wisconsin operator’s license for the type of vehicle driven.

DCF 57.12(3) (3) A licensee shall obtain a copy annually of the driving record for each staff member or volunteer who may transport a resident and shall keep the record on file at the group home. A person whose driving record shows any one of the violations specified in s. 346.62 or 346.63, Stats., having occurred in the last 12 months may not transport a resident.

DCF 57.12 Note Note: To obtain a copy of a driving record, contact the Bureau of Driver Services, Department of Transportation, P.O. Box 7918, Madison, WI 53707.

DCF 57.12(4) (4) The number of residents transported in a vehicle at any one time may not exceed the passenger limit specified by the vehicle’s manufacturer.

DCF 57.12(5) (5) Any vehicle used by a staff member or volunteer to transport residents shall be in safe operating condition. At 12-month intervals the licensee shall provide the department with evidence of a vehicle’s safe operating condition on a form DCF-F-4148-E.

DCF 57.12 Note Note: Form number DCF-F-4148-E, Child Welfare Vehicle Safety Inspection, is 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 A.

DCF 57.12(6) (6) Vehicles shall be clean, uncluttered, and free of obstructions on the floors, aisles and seats.

DCF 57.12(7) (7) 

DCF 57.12(7)(a) (a) No licensee or person acting on behalf of a licensee may transport any resident under the age of 8 years or less than 80 pounds in weight in any private motor vehicle unless the following conditions are met, as required in s. 347.48 (4), Stats.:

DCF 57.12(7)(a)1. 1. Each resident who is less than one year old or who weighs less than 20 pounds being transported in a vehicle shall be properly seated and restrained in a rear-facing individual child car safety seat in the back seat of the vehicle.

DCF 57.12(7)(a)2. 2. Each resident who is at least one year old but less than 4 years old or who weighs at least 20 pounds but less than 40 pounds shall be properly restrained in a forward-facing individual child car safety seat in the back seat of the vehicle.

DCF 57.12(7)(a)3. 3. Each resident who is at least 4 years old but less than 8 years old, who weighs at least 40 pounds but not more than 80 pounds, or who is 4 feet 9 inches tall or less, shall be properly restrained in a shoulder-positioning child booster seat.

DCF 57.12(7)(b) (b) Each resident who is not required to be in an individual child car safety seat when being transported shall be properly restrained by a seat belt, except as provided in s. 347.48 (2m), Stats., and ch. Trans 315. Seat belts may not be shared.

DCF 57.12(9) (9) Each motor vehicle used to transport residents shall be insured as required under s. DCF 57.08 (3).

DCF 57.12 History History: CR 04-067: cr. Register September 2005 No. 597, eff. 1-1-06; corrections in (8) and (9) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; EmR1106: emerg. am. (3), r. and recr. (7), r. (8), eff. 9-16-11; CR 11-026: am. (3), r. and recr. (7), r. (8) Register December 2011 No. 672, eff. 1-1-12; correction in (5) made under s. 13.92 (4) (b) 6., Stats., Register July 2019 No. 763.

DCF 57.13 DCF 57.13 Licensee reporting requirements to the department. A licensee shall report all of the following to the department:

DCF 57.13(1) (1) Serious incidents. The licensee shall report a serious incident by telephone, mail or facsimile to the regional office that serves the group home within 72 hours after each occurrence including all of the following:

DCF 57.13(1)(a) (a) Any incident of suspected child abuse or neglect by an employee of the group home, volunteer of the group home or household member of the group home; including a report made to a law enforcement agency, a county department of social or human services, or a child welfare agency.

DCF 57.13(1)(b) (b) Each incident requiring law enforcement services at the group home or that involves a resident.

DCF 57.13 Note Note: Examples of serious incidents requiring law enforcement services include acts such as physical or sexual assault, drug related offenses, damage or theft of property or weapons offenses. Serious incidents also include incidents in which a runaway resident is held by law enforcement for an offense such as assault, theft or weapons violations.

DCF 57.13(1)(c) (c) The use of a restraint on a resident. A report on the use of a restraint shall be made following the requirements in s. DCF 57.27 (3) (c).

DCF 57.13(1)(d) (d) Any injury or trauma to a resident or staff member for which the resident or staff member requires the services of a licensed medical professional including all of the following:

DCF 57.13(1)(d)1. 1. A broken bone.

DCF 57.13(1)(d)2. 2. A burn.

DCF 57.13(1)(d)3. 3. A concussion.

DCF 57.13(1)(d)4. 4. A wound requiring stitches.