Current through August 26, 2024
(1) APPLICABILITY. This section applies to
all shelter care facilities except that only the provisions of subs. (1m), (3)
(a), (4) (a) to (d), (5), (6), (9), (10) (a) and (11) to (14) apply to
hold-over rooms.
(1m) ADMISSION TO
SHELTER CARE. A child may not be received into shelter care, including into a
hold-over room, unless the child has been found eligible for placement by the
juvenile court judge or a court intake worker designated by the
judge.
(2) AGE OF CHILDREN IN
SHELTER CARE. No child under 10 may be kept in a shelter care facility unless
written approval is given by the department within 48 hours after admission
excluding weekends and holidays. Children under age 10 shall not be kept in
shelter care for more than 7 days per episode.
(3) TIME LIMITS.
(a) A hold-over room may not hold a child for
more than 24 hours, except that a hold-over room may hold a child placed in the
hold-over room on a Friday afternoon or evening or over the weekend until the
court hearing the following Monday provided that the hold-over room immediately
notifies the appropriate division of community services licensing office by
telephone or fax of the placement and supplies the following information
related to the placement:
1. Date and time of
child's admission to the hold-over room and date and time of next scheduled
court hearing.
2. Name and age of
child and reason why the child was taken into custody.
3. Explanation of why a weekend stay in the
hold-over room is necessary which may be because of the unavailability of a
shelter care facility in a bordering county or inability to return the child to
the parental home or other reason.
4. Names of staff and their work schedules
covering the weekend along with indoor and outdoor activities planned for the
child during the child's weekend stay.
(b) A shelter care facility may not keep a
child in residence for more than 30 days per episode except:
1. An extension for an additional 15 days may
be made upon written approval of the superintendent of shelter care for the
county in which the facility is located; and
2. A second extension of 15 more days may be
made upon written approval from the department.
3. The request for each extension must be
made prior to the expiration of the prior approved time, and should include an
explanation for the need of extended care.
(4) SUPERVISION OF CHILDREN IN SHELTER CARE.
(a) This subsection applies to all shelter
care facilities except that only pars. (b), (c) and (d) apply to hold-over
rooms.
(b) The unit supervisor of
each facility shall prepare a written plan for staff care coverage, taking into
account the needs of the children to be admitted into shelter care, and
demonstrating the methods by which adequate supervision will be
insured.
(c) Children in shelter
care shall not be left without supervision by a shelter care worker or by
relief help.
(d) The care of
children in shelter care shall not be combined with any other service or
business conducted in the facility without the written approval of the
department.
(e) When no children
are in residence for shelter care, a shelter care worker must be on call and
available to come immediately to the facility when a child is admitted into
care. A facility shall be able to receive children into care 24 hours a day, 7
days a week.
(f) The ratio of child
care staff to children in care shall be dependent on number and the needs of
the children, but there shall be at least 2 child care staff members or persons
properly substituting for them on duty in the facility at any time when there
are 9 or more children present during waking hours, and 3 staff members present
when 17 or more children are present during waking hours.
(g) During sleeping hours there shall always
be one staff person within hearing or call of all children in care. When 9 or
more children in care are present, 2 staff members must be on duty and make
hourly observations of the areas in which children are sleeping.
(h) When children of both sexes are present
in large group shelter care facilities, there shall be both male and female
staff members on duty in the facility.
(5) DISCIPLINE.
(a) Discipline shall be for the purpose of
helping the child and shall be handled with kindness and
understanding.
(b) No child in care
shall be subjected to corporal, unusual, or severe punishment, or to punishment
by deprivation of meals.
(c)
Discipline shall be fair, reasonable, consistent and related to the behavior
causing the discipline.
(d) Written
facility rules shall be approved by the superintendent of shelter care. These
shall be explained to children when they are admitted to the facility, and
available to them during their stay.
(e) Physical holding shall be used only to
protect the child from injury to self or others. Mechanical restraints shall
not be used.
(f) Punishment shall
be related to the child's misconduct. The other children in shelter care shall
not be punished for the misconduct of an individual child.
(g) No child shall be locked within the
facility as a whole or any part of it.
(h) Medicine shall not be used as a means of
maintaining discipline.
(6) CLOTHING. Each facility shall ensure that
children in care are adequately clothed during their stay. Children in shelter
care may retain their own clothes.
(7) EDUCATION. The licensee shall make every
reasonable effort to ensure that children in care regularly attend a school
program unless otherwise excused by school officials.
(8) WORK PERFORMED BY CHILDREN.
(a) Children in care shall have opportunities
to assume responsibility for household duties or chores appropriate to their
age, health and ability.
(b) No
licensee shall use the labor of children in care as a substitute to the
employment of a sufficient number of competent employees to operate and
maintain the shelter facility.
(c)
Household duties of children in care shall not interfere with their school,
sleep or study.
(9)
RELIGION. Shelter care workers and hold-over room attendants shall make every
reasonable effort to make opportunities available to each child in shelter care
who wishes it for attendance at religious services compatible with the child's
religious heritage or preference.
(10) NUTRITION.
(a) Food shall be provided to children in
sufficient quantities and varieties, and shall provide for essential
nutritional and dietary needs.
(b)
In planning menus, consideration shall be given, whenever possible, to the
religious practices and the cultural patterns of the children in shelter
care.
(c) In small and large group
shelter care facilities, daily menus shall be kept on file and available to the
department for at least 30 days thereafter.
(d) Supplementary food or modified diets as
ordered by a physician shall be provided for those children who have special
needs.
(11) RECREATION
AND LEISURE TIME ACTIVITIES. The licensee shall provide recreational
opportunities based on the age, abilities and interests of the
children.
(12) VISITING. Shelter
care workers and hold-over room attendants shall encourage the maintenance of a
relationship between children and their parents or relatives or other
significant persons. For a shelter care facility except a hold-over room this
shall be in accordance with a plan established by the unit supervisor and the
child's legal custodian. Visitation with parents shall not be restricted as a
form of discipline.
(13) MEDICAL
CARE.
(a) Each shelter care facility shall
establish written procedures to be used to provide regular and emergency
medical care to children in residence, including the name of a physician who is
available to treat the children and the names and locations of nearby emergency
medical services.
(b) Upon
admitting a child into shelter care, the staff shall obtain from the child, law
enforcement personnel, and if possible, the child's parents, information
regarding the child's medical needs, including any chronic ailments, allergies
or the need for a special diet.
(c)
The licensee shall be responsible for providing or securing necessary medical
treatment and dental care while the child is in care in the shelter care
facility.
(14)
TRANSPORTATION. The licensee shall make every reasonable effort to provide safe
transportation of children in shelter care.
(15) RESIDENT RIGHTS. The licensee shall be
knowledgeable of and ensure that staff members and volunteers observe the
patient rights and grievance resolution procedures in s.
51.61, Stats.,
and ch. DHS 94, for each resident that receives services for treatment of
mental illness, a developmental disability, alcoholism or drug dependency.
Residents that are not specifically identified as coming under s.
51.61, Stats.,
and ch. DHS 94 shall have rights and access to grievance resolution procedures
that are comparable to those found in s.
51.61, Stats.,
and ch. DHS 94.
