Chapter DCF 59

DCF 59.06(16) (16) Heating.

DCF 59.06(16)(a) (a) The shelter care facility shall provide a heating system which is capable of maintaining a temperature in living and sleeping quarters of at least 68°F.

DCF 59.06(16)(b) (b) The heating unit shall be maintained in a safe condition as determined through an annual check by a qualified individual acceptable to the department.

DCF 59.06(16)(c) (c) Portable electric or unvented space heaters shall not be permitted.

DCF 59.06(17) (17) Electric system. Electrical systems and appliances shall be in good repair and properly protected.

DCF 59.06(18) (18) Sanitation.

DCF 59.06(18)(a) (a) All regularly opened windows and doors shall be properly screened.

DCF 59.06(18)(b) (b) The water supply shall be of safe, sanitary quality and shall be obtained from a water supply system and location, construction and operation of which shall comply with the standards approved by the department of natural resources. When water is obtained from a private well, its safety shall be determined by annual testing by a certified laboratory.

DCF 59.06(18)(c) (c) The shelter care facility shall be equipped with a water heater adequate to meet the needs of all residents.

DCF 59.06(18)(d) (d) All spoiled and deteriorated food products shall be disposed of immediately. All garbage while in the home shall be kept in non-combustible, watertight containers. Garbage shall be removed from the living quarters at least daily, except for those facilities using a garbage compactor, which shall establish a regular schedule for the removal of garbage.

DCF 59.06(19) (19) Light and ventilation.

DCF 59.06(19)(a) (a) All habitable rooms shall be provided with adequate light and ventilation.

DCF 59.06(19)(b) (b) All sleeping rooms occupied by children shall be rooms with an outside wall and an openable window.

DCF 59.06(19)(c) (c) All bath and toilet rooms shall be provided with an openable window or exhaust ventilation.

DCF 59.06(20) (20) Fire prevention and safety.

DCF 59.06(20)(a) (a) Habitable rooms on the second floor shall be provided with access to 2 exits, at least one of which shall be a stairway exit.

DCF 59.06 Note Note: A window shall be considered an “exit” if it and its screen or storm window is openable from the inside without the use of tools, not less than 22 inches in the smallest dimension, at least 5 square feet in area and with a lower sill not more than 4 feet from the floor.

DCF 59.06(20)(b) (b) Passageways leading to exits shall be clear and unobstructed. One exit door shall be at least 3 feet in width.

DCF 59.06(20)(c) (c) All stairs serving 3 or more levels shall have a door at either the bottom or top of the stairs and the door shall be kept closed.

DCF 59.06(20)(d) (d) Except for a hold-over room under par. (dm), a shelter care facility shall have a smoke detection system. The smoke detection system shall be an interconnected system of smoke detectors listed by Underwriter’s Laboratory or a radio-transmitted smoke detection system which has a centrally mounted alarm horn or alarm horns which, when activated, can be heard throughout the facility. The smoke detection system shall be installed and regularly tested in accordance with the manufacturer’s instructions, and a smoke detector shall be located at each of the following locations in the facility:

DCF 59.06(20)(d)1. 1. At the head of every open stairway;

DCF 59.06(20)(d)2. 2. Above the door leading to every enclosed stairway on each floor level;

DCF 59.06(20)(d)3. 3. In every corridor spaced not more than 30 feet apart nor more than 15 feet from any wall;

DCF 59.06(20)(d)4. 4. In each common use room, including every living room, dining room, lounge, family room and recreation room, but not in the kitchen;

DCF 59.06(20)(d)5. 5. In each sleeping room if smoking is allowed there; and

DCF 59.06(20)(d)6. 6. In staff quarters if smoking is allowed there.

DCF 59.06(20)(dm) (dm) A hold-over room shall either meet the requirements under par. (d) for a smoke detection system or have, at minimum, a functioning battery operated smoke detector located in the room and tested at least once a month and a functioning battery operated smoke detector located outside the room but in proximity to the room, also tested at least once a month, to provide early enough detection and adequate warning for exiting.

DCF 59.06(20)(e) (e) There shall be a written posted plan for emergency evacuation of the facility and at the time of placement each resident shall be instructed in the use of the plan. Evacuation procedures shall include provisions for handling residents with limited mobility and shall be reviewed with the staff every 2 months. Large group shelter facilities shall conduct fire drills at least every 2 months.

DCF 59.06(20)(f) (f) A charged fire extinguisher acceptable to the local fire department shall be provided in the kitchen and on each floor of the facility. Staff shall be instructed in its use.

DCF 59.06(20)(g) (g) Smoking in bedrooms shall not be permitted.

DCF 59.06(20)(h) (h) The licensee shall demonstrate that the facility has passed an annual fire safety inspection acceptable to the licensing agency.

DCF 59.06 Note Note: The licensing agency is the Department of Children and Families.

DCF 59.06(20)(i) (i) All interior doors shall be openable from both sides in case of emergency.

DCF 59.06(20)(j) (j) All exterior doors shall be openable from the inside at all times without the use of a key.

DCF 59.06(21) (21) Safety measures.

DCF 59.06(21)(a) (a) Tubs and showers shall have safety strips applied or other provisions shall be made to prevent slipping.

DCF 59.06(21)(b) (b) Stairways, halls and aisles shall be maintained in good repair, adequately lighted and free from obstacles.

DCF 59.06(21)(c) (c) Each stairway shall be provided with a handrail and steps shall have a non-slip surface.

DCF 59.06(21)(d) (d) Each facility shall have a written plan on file which specifies action and procedures for meeting emergency situations including serious illness, severe weather and missing children.

DCF 59.06 History History: Cr. Register, June, 1978, No. 270, eff. 7-1-78; renum. from PW-CY 45.05, Register, December, 1982, No. 324, eff. 1-1-83; r. and recr. (19) (d), Register, October, 1988, No. 394, eff, 11-1-88; emerg. renum. (1) to (20) to be (2) to (21) and am. (8) (b) and (20) (d) (intro.) and 2., cr. (1), (4) (c), (7) (c), (8) (d), (10) (g) and (20) (dm), eff. 12-1-93; renum. (1) to (20) to be (2) to (21) and am. (5) (j), (k), (20) (d) (intro.), 2., cr. (1), (4) (c), (7) (c), (8) (d), (10) (g), (20) (dm), Register, September, 1994, No. 465, eff. 10-1-94.

DCF 59.07 DCF 59.07 Records and reporting.

DCF 59.07(1) (1) Records on children in shelter care.

DCF 59.07(1)(a) (a) A licensee shall maintain a record for each child in the shelter care facility. The record shall contain all of the following:

DCF 59.07(1)(a)1. 1. A form prescribed by the department that is completed with specified information about the child.

DCF 59.07(1)(a)2. 2. For a child placed in the shelter care facility, all of the following:

DCF 59.07(1)(a)2.a. a. The forms required under ch. DCF 37. The licensee shall share with the child’s placing agency new and updated information required on the forms that the licensee becomes aware of while the child is placed in the facility.

DCF 59.07(1)(a)2.b. b. Reasonable and prudent parenting decision records required under s. DCF 59.055 (2) (e).

DCF 59.07 Note Note: The form required under subd. 1. is DCF-F-CFS2389-E, Shelter Care Face Sheet.
The forms required under subd. 2. a. and ch. DCF 37 are DCF-F-872A-E, Information for Out-of-Home Care Providers, Part A and DCF-F-872B-E, Information for Out-of-Home Care Providers, Part B.
The form required under subd. 2. b. is DCF-F-5124-E, Reasonable and Prudent Parent Decision Record.
These forms are 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 59.07(1)(b) (b) For each child placed in a hold-over room, the hold-over room licensee shall maintain on file a completed copy of Wisconsin department of justice form JI-03, Temporary Physical Custody Request.

DCF 59.07 Note Note: The department of justice form JD-1710, Temporary Physical Custody Request may be obtained by writing or telephoning any field office listed in Appendix A or from the Wisconsin Circuit Court website at https://www.wicourts.gov/forms1/circuit/index.htm.

DCF 59.07(2) (2) Confidentiality. Shelter care facility staff and volunteers shall maintain in a locked file and in confidence all information and records on children. Children shall have the right to examine their own records.

DCF 59.07(3) (3) Department access to records.

DCF 59.07(3)(a) (a) At the request of the department, a shelter care facility shall make available for inspection all records on children received by it.

DCF 59.07(3)(b) (b) Records shall be held only until the child’s 21st birthday and then destroyed, except that a permanent register shall be kept listing the names of the children received for care and the dates of their admission and release.

DCF 59.07(4) (4) Responsibility to the department and the superintendent. The licensee shall report to the department and the superintendent of shelter care as soon as possible:

DCF 59.07(4)(a) (a) The death of any child in care or any serious illness or injury suffered by a child.

DCF 59.07(4)(b) (b) Any fire on the premises which required the services of the fire department.

DCF 59.07(4)(c) (c) Any intention to terminate the shelter care facility. Notification shall be at least 30 days in advance of the termination.

DCF 59.07(4)(d) (d) Any change in the name of the unit supervisor of any shelter care facility, or a change in the name of the executive, or chairperson of the board, or any change in the corporate structure of a corporation operating a shelter care facility.

DCF 59.07 History History: Cr. Register, June, 1978, No. 270, eff. 7-1-7; renum. from PW-CY 45.06, Register, December, 1982, No. 324, eff. 1-1-83; emerg. r. and recr. (1), eff. 12-1-93; r. and recr. (1), am. (3) (a), Register, September, 1994, No. 465, eff. 10-1-94; correction in (4) (d) made under s. 13.93 (2m) (b) 5., Stats., Register, September, 1994, No 465; correction in (1) (a) 13. made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; EmR1633: emerg. r. and recr. (1) (a), eff. 11-18-16; CR 16-051: r. and recr. (1) (a) Register July 2017 No. 739, eff. 8-1-17.

DCF 59.08 DCF 59.08 License denial or revocation.

DCF 59.08(1) (1) Grounds. The department may deny, revoke or suspend a license, initiate other enforcement actions specified in this chapter or in ch. 48, Stats., or place conditions on a license if the applicant or licensee, a proposed or current employee, a volunteer or any other person having regular contact with the children, has or has been any of the following:

DCF 59.08(1)(a) (a) The subject of a pending criminal charge for an action that substantially relates to the care of children or activities of the facility.

DCF 59.08(1)(b) (b) Convicted of a felony, misdemeanor or other offense that substantially relates to the care of children or activities of the facility.

DCF 59.08(1)(c) (c) Determined to have abused or neglected a child pursuant to s. 48.981, Stats., or has been determined to have committed an offense which substantially relates to the care of children or the activities of the facility.

DCF 59.08(1)(d) (d) The subject of a substantiated finding of misconduct in the department’s nurse aide registry under s. DHS 129.10.

DCF 59.08(1)(e) (e) The subject of a court finding that the person has abandoned his or her child, or has inflicted physical abuse or neglect on the child.

DCF 59.08(1)(f) (f) Had a child welfare agency, group home or shelter care facility license revoked or denied within the last 5 years.

DCF 59.08(1)(g) (g) Violated any provision of this chapter or ch. 48, Stats., or fails to meet the minimum requirements of this chapter.

DCF 59.08(1)(h) (h) Made false statements or withheld information.

DCF 59.08(2) (2) Appeals.

DCF 59.08(2)(a) (a) Any person aggrieved by the department’s decision to deny a license or to revoke a license may request a hearing on the decision under s. 227.42, Stats.

DCF 59.08(2)(b) (b) The request for a hearing shall be in writing and shall be filed with the department of administration’s division of hearings and appeals within 10 days after the date on the notice of the department’s refusal or failure to issue, renew, or continue a license or the department’s action taken under s. 48.715, Stats.

DCF 59.08 Note Note: A request for a hearing may be mailed to Division of Hearings and Appeals, P.O. Box 7875, Madison, WI 53707-7875 or faxed to [phone]. A copy of the request should be sent to the appropriate field office listed in Appendix A.

DCF 59.08 History History: CR 04-040: cr. 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; EmR16333: emerg. renum. DCF 59.08 to (1), cr. (1) (title), (2), eff. 11-18-16; CR 16-051: renum. DCF 59.08 to (1), cr. (1) (title), (2) Register July 2017 No. 739, eff. 8-1-17.