Wisconsin Administrative Code

DCF 52.01 Authority and purpose. This chapter is promulgated under the authority of s. 48.67, Stats., to ensure that residential care centers for children and youth protect and promote the health, safety and welfare of residents, respect the rights of individual residents, provid…

DCF 52.02 Applicability. (1) SCOPE. This chapter applies to the department, to applicants for a license to operate a residential care center for children and youth and to all licensed residential care centers for children and youth, except as provided in s. DCF 52.57 for type 2 r…

DCF 52.03 Definitions. In this chapter: (1) XAftercareY means follow-up services provided to a young person after the young person is discharged from a center. (1m) XAge or developmentally appropriate activitiesY means activities that are generally accepted as suitable for childr…

DCF 52.11 Licensee responsibilities. A licensee shall protect and promote the health, safety and welfare of children served and meet all applicable requirements under this chapter. If this chapter does not specify who should complete a task or function, the licensee shall make th…

DCF 52.12 Personnel. (1) STAFFING. (a) A center shall have all of the following personnel: 1. A director employed by the center who is responsible for center operations. 2. One or more social work case work supervisors responsible for assessment and supervision of case work, serv…

DCF 52.13 Administrative records. (1) TYPES OF RECORDS. A licensee shall assemble and maintain all of the following administrative records: (a) A document describing the governing structure of the center and, if they exist, the charter, articles of incorporation and bylaws of the…

DCF 52.21 Admission. (1) POLICIES AND PROCEDURES. A center shall have written resident admission policies and procedures that describe the primary presenting problems and range of behaviors of residents which the center will treat and center procedures for admitting a resident. B…

DCF 52.22 Assessment and treatment planning and review. (1) TIMELINESS. Within 30 days after resident center admission, center professional staff and, as necessary, outside consultants, shall conduct an initial assessment of the resident[s treatment and service needs and, based o…

DCF 52.23 Discharge and aftercare. (1) POLICIES AND PROCEDURES. A center shall have written policies and procedures which explain the process for discharge of a resident. Those policies and procedures shall ensure that center professional staff document and date in the resident[s…

DCF 52.31 Resident rights and grievance procedure. (1) APPLICABILITY. (a) Residents receiving services for DCF 52.41 a mental illness, alcohol or drug abuse or a developmental disability have the patient rights under s. 51.61, Stats., and ch. DHS 94 and shall have access to griev…

DCF 52.415 Promoting normalcy. DCF 52.42 Behavior management and control. DCF 52.43 Education. DCF 52.44 Nutrition. DCF 52.45 Health. DCF 52.46 Medications. DCF 52.47 Transportation. DCF 52.48 Clothing and laundry. Note: Chapter HSS 52 was renumbered chapter HFS 52 under s. 13.93…

DCF 52.42 Behavior management and control. (1) DEFINITIONS. In this section: (a) XBehavior management and controlY means techniques, measures, interventions and procedures applied in a systematic fashion to prevent or interrupt a resident[s behavior which threatens harm to the re…

DCF 52.43 Education. (1) CLASSROOM SPACE. Ongrounds school programs shall have classroom space that is in compliance with the requirements of chs. SPS 361 to 366, the Wisconsin Commercial Building Code and applicable local ordinances. (2) STUDY SPACE. A center shall provide resid…

DCF 52.44 Nutrition. (1) MEALS AND SNACKS. (a) A center shall provide or arrange for each resident to receive at least 3 meals each day. Meals shall be served at regular times comparable to normal mealtimes in the community. (b) Food served at a meal shall consist of adequate por…

DCF 52.45 Health. (1) ONGOING CARE. (a) A center shall arrange a physical examination comparable to a comprehensive HealthCheck screening for each resident at intervals recommended by the medical assistance program for HealthCheck screening, except if a resident is privately insu…

DCF 52.46 Medications. (1) DEFINITIONS. In this section: (a) XGeneral supervisionY means regular coordination, direction and inspection of the exercise of delegation of medication administration by a physician or registered nurse of someone who is not licensed to administer medic…

DCF 52.47 Transportation. (1) APPLICABILITY. This section applies to transportation of residents by any of the following: (a) Center-owned or leased vehicles. (b) Vehicles driven by volunteers, student interns or center staff. (c) Center-contracted transportation. (2) SCHOOL BUSE…

DCF 52.48 Clothing and laundry. (1) CLOTHING. Residents may wear their own clothing. Residents who do not have enough of their own clothing shall have appropriate non-in- the chapter was last published. 23 DEPARTMENT OF CHILDREN AND FAMILIES stitutional clothing of proper size fu…

DCF 52.49 Resident records. (1) GENERAL REQUIRE(a) A center shall provide safeguards against loss or damage of resident records by fire, theft or destruction. (b) Child-placing agencies and county departments shall have access to the case records of children they place. (c) Stude…

DCF 52.51 Buildings and grounds. (1) REQUIRED COMPLIANCE. (a) Standards. All buildings of a residential care center shall comply with the following requirements: 1. The applicable state building code requirements in chs. SPS 361 to 366, the Wisconsin Commercial Building Code and …

DCF 52.52 General physical environment. (1) RESIDENT LIVING SPACE. (a) Center buildings housing 9 or more residents. Buildings constructed or other facilities converted to resident living space for 9 or more residents after February 1, 1971 shall contain resident living space at …

DCF 52.53 Bath and toilet facilities. A center shall meet all of the following requirements for bath and toilet facilities and the use of them: (1) (a) The center shall provide in buildings housing residents one toilet and either a tub or shower for every 8 residents or fraction …

DCF 52.54 Bedrooms. (1) MINIMUM SPACE. (a) Single occupancy. Each center bedroom for one resident shall have a minimum of 80 square feet of floor space except that if the resident is not able to walk or is able to walk only with crutches or other means of support the bedroom shal…

DCF 52.55 Fire safety. (1) EVACUATION PLAN. A center in consultation with the local fire department shall develop a detailed flow chart type evacuation plan for each building with arrows pointing to exits. The center shall do all of the following: (a) Post the evacuation plan for…

DCF 52.555 Carbon monoxide detector. DCF 52.56 General safety and sanitation. Subchapter VII — Specialized Programs DCF 52.57 Exceptions and additional requirements for type 2 programs. DCF 52.58 Exceptions and additional requirements for short-term programs. DCF 52.59 Respite ca…

DCF 52.56 General safety and sanitation. (1) PRIVATE WELL WATER SUPPLY. Use of a private well for the center[s water supply is subject to approval by the Wisconsin department of natural resources as required by s. DHS 190.05 (2). Testing of water samples shall be done annually by…

DCF 52.57 Exceptions and additional requirements for type 2 programs. (1) APPLICABILITY AND AUTHORITY TO OPERATE. A residential care center for children and youth designated by the Wisconsin department of corrections as a type 2 child caring institution may accept type 2 resident…

DCF 52.58 Exceptions and additional requirements for short-term programs. (1) APPLICABILITY. (a) A residential care center for children and youth may operate a short-term treatment program with approval of the department. This section applies to the operation of short-term treatm…

DCF 52.59 Respite care services programs. (1) APPLICABILITY. A residential care center for children and youth may operate a respite care services program with approval of the department. A residential care center for children and youth that chooses to provide respite care service…

DCF 52.61 Determination of need for additional beds. (1) AUTHORITY AND PURPOSE. This section is promulgated pursuant to s. 48.60 (3), Stats., to regulate the establishment of new residential care centers for children and youth and to control the expansion of existing residential …

DCF 52.62 Licensing administration. (1) GENERAL An applicant for a license under this chapter shall complete all application forms truthfully and accurately and pay all fees and forfeitures due and owing prior to receiving a license. The department shall issue a residential care …

DCF 52.63 Inspections and complaint investigations. (1) INSPECTION. Pursuant to s. 48.73, Stats., the department may visit and inspect any residential care center for children and youth at any time. A department licensing representative shall have unrestricted access to the premi…

DCF 52.64 Rate determination. (1) The department shall determine the maximum per client rate that each residential care center program may charge for costs associated with room, board, administration, service provision, and oversight of residents in the residential care center pr…

DCF 52.65 Allowable costs. In determining rates under this subchapter, the department may consider costs incurred for any purpose that is allowable under all of the following: (1) Applicable federal regulations, including 2 CFR Part 200, 45 CFR Part 75, and 48 CFR Part 31, except…

DCF 52.66 Rate methodology. (1) COST AND SERVICE Each year no later than July 1, a licensee shall submit the following information to the department: (a) A cost and service report in which the licensee reports the residential care center[s costs, types of services provided, and n…

DCF 52.67 Rate resolution. (1) MEDIATION. (a) If a licensee has negotiated with the department under s. DCF 52.66 (5) (c) and does not agree to the department[s approved rate under s. DCF 52.66 (5) (a), the licensee may request that the department and the licensee engage in media…

DCF 52.68 Extraordinary payments. (1) A licensee may request that a Wisconsin public purchaser pay an extraordinary payment in addition to the rate established under ss. DCF 52.64 to 52.67 for a specific child in care. (2) A licensee may request and a Wisconsin public purchaser m…

DCF 52.69 Advisory committee. The department shall convene the rate regulation advisory committee under s. 49.343 (5), Stats., at regular intervals to consult with the department on items in s. 49.343 (5) (a) to (c), Stats. History: EmR1106: emerg. cr., eff. 9-16-11; CR 11-026: c…

DCF 53.01 Introduction. (1) This chapter is promulgated under the authority of ss. 48.432 (9) and 48.433 (11), Stats., to establish procedures for the way in which searches for information about adopted persons and birth parents are carried out, access is permitted to medical and…

DCF 53.02 Provision of adoption search program information. The department shall provide information about the adoption search program to courts, agencies, requesters and the general public as required under this section. (1) PROVISION OF PROGRAM INFORMATION TO REQUESTERS. the ch…

DCF 53.03 Centralized birth record file. (1) GENERAL. The department[s adoption search program shall establish, organize, and maintain a centralized birth record file and shall control disclosure of information from the file in accordance with s. DCF 53.06. (2) ORGANIZATION OF TH…

DCF 53.04 Department and agency responsibilities. An effective and responsible adoption search program depends on a cooperative working relationship between the department and agencies and a clear delineation of their respective responsibilities as specific under this section. (1…

DCF 53.05 Adoption searches. (1) REQUESTING A SEARCH. (a) To initiate a search, a requester shall submit a completed application form to the department. (b) The requester may specify that the search be restricted to only that adoption record information available within the agenc…

DCF 53.06 Release of adoption information. (1) CONFIDENTIALITY. The department and agencies shall comply with Wisconsin statutes, administrative rules and federal regulations governing confidentiality of adoption records and consider all adoption information to be confidential in…

DCF 53.07 Adoption records. (1) PERMANENCE. The department and agencies shall maintain adoption records permanently. (2) DEPARTMENT ACCESS TO AGENCY RECORDS. Agencies shall make adoption records available to department staff who are conducting searches or monitoring the agencies …

DCF 53.08 Complaints. Any requester or birth parent not satisfied with an action taken by the department or agency regarding the implementation or interpretation of this chapter may ask the secretary of the department or that person[s designee to review the action. Following revi…

DCF 54.01 Introduction. (1) PURPOSE. The purpose of this chapter is to protect and promote the health, safety and welfare of children in the care of child-placing agencies and to establish the administrative rate that a child-placing agency may charge for services for foster home…