Wisconsin Administrative Code › Department of Children and Families › DCF 021-99 - Safety and Permanence › Chapter DCF 52 - Residential Care Centers For Children And Youth › Subchapter I - General Provisions › Section DCF 52.03 - Definitions

Current through June 24, 2024
In this chapter:
(1) "Aftercare" means follow-up services
				  provided to a young person after the young person is discharged from a
				  center.
(1m) "Age or
				  developmentally appropriate activities" means activities that are generally
				  accepted as suitable for children of a given chronological age or level of
				  maturity or that are determined to be developmentally appropriate for a child
				  based on the cognitive, emotional, physical, and behavioral capacities that are
				  typical for children of a given age or age group or, in the case of a specific
				  resident, activities that are suitable for the resident based on the cognitive,
				  emotional, physical, and behavioral capacities of that resident.
(2) "Center" means a residential care center
				  for children and youth.
Note:
Residential care centers for children
					 and youth were formerly called child care institutions (CCIs) and in ch. 48,
					 Stats., are referred to as child welfare agencies.
(2m) "Child" is a person who is under 21
				  years of age and is under juvenile court jurisdiction or other court order, is
				  being provided services by a child welfare or juvenile justice agency, or is
				  placed under a contract or agreement.
(3) "Child-placing agency" or "placing
				  agency" means any agency that is required to be licensed under s.
				  48.60,
				  Stats., and ch. DCF 54, to place children into adoptive homes, foster homes or
				  group homes, to accept guardianship of children or to license foster homes, or
				  a county department with powers and duties as defined under s.
				  48.57,
				  Stats., the department or the Wisconsin department of corrections or any other
				  lawful placement authority.
(4)
				  "County department" or "county" means a county department of social services
				  under s.
				  46.215
				  or
				  46.22,
				  Stats.; a county department of human services under s.
				  46.23,
				  Stats.; or a county department under s.
				  51.42
				  or
				  51.437,
				  Stats.
(5) "Department" means the
				  Wisconsin department of children and families.
(5m) "Family interaction plan" means a plan
				  developed by a placing agency to promote a resident's interaction with members
				  of the resident's family and includes interaction by face-to-face contact;
				  telephone calls; letters; emails; and attendance at routine activities, such as
				  counseling sessions, medical appointments, school events, and faith-related
				  activities.
(6) "Full-time staff"
				  means a center staff member who works 40 or more hours per week in the same
				  staff position or 2 or more part-time staff members who together work in the
				  same staff position 40 or more hours per week.
(7) "Guardian" means a person appointed by a
				  court under s.
				  48.9795,
				  Stats., to have the duties and authority of guardianship described under s.
				  48.023 or
				  48.9795,
				  Stats., or as defined under s.
				  938.02(8),
				  Stats.
(8) "HealthCheck provider"
				  means a provider of health assessment and evaluation services certified under
				  s. DHS 105.37 (1) (a).
(9)
				  "Informed consent" or "consent" means signed written consent which is voluntary
				  and based on understanding by a person 18 years of age or older or a minor
				  resident as provided under law who is competent and who understands the terms
				  of the consent, and as otherwise provided under law by the resident's parent,
				  guardian or legal custodian or as provided under a court order or other lawful
				  authority.
(10) "Legal custodian"
				  has the meaning specified in s.
				  48.02(11),
				  Stats., or in s.
				  938.02(11),
				  Stats.
(11) "Legal custody" has the
				  meaning specified in s.
				  48.02(12),
				  Stats., or in s.
				  938.02(12),
				  Stats.
(12) "License" means written
				  permission of the department for a center to operate, consisting of a license
				  certificate which shows the location of the center, identifies the licensed
				  premises and lists licensing provisions, and a licensing letter of transmittal
				  that includes any special conditions.
(13) "Licensee" means the person,
				  partnership, sole proprietorship, corporation or other legal entity to which a
				  license is issued under this chapter and which has final responsibility and
				  authority to operate the center.
(14) "Licensing representative" means a
				  department employee responsible for licensing residential care
				  centers.
(15) "Medical assistance"
				  means the assistance program operated by the department of health services
				  under ss.
				  49.43 to
				  49.497,
				  Stats., and chs. DHS 101 to 108.
(16) "NFPA" means the National Fire
				  Protection Association.
(16m)
				  "Normalcy" means a resident's ability to easily engage in healthy and age or
				  developmentally appropriate activities that promote his or her well-being, such
				  as participation in social, scholastic, and enrichment activities.
(17) "Parent" has the meaning specified in s.
				  48.02(13),
				  Stats., or in s.
				  938.02(13),
				  Stats.
(18) "Permanency plan" means
				  a plan required under s.
				  48.38(2),
				  Stats., that is designed to ensure that a child placed in a residential care
				  center is reunified with his or her family whenever appropriate, or that the
				  child quickly attains a placement or home providing long-term
				  stability.
(19) "Physician" has the
				  meaning prescribed in s.
				  448.01(5),
				  Stats.
(19m) "Placing agency" means
				  a licensed private child-placing agency; county department with powers and
				  duties under ss.
				  48.57
				  and
				  938.57,
				  Stats.; the department; the Wisconsin department of corrections; or a licensed
				  child welfare agency from another state authorized to place children in
				  residential care centers.
(20)
				  "Professional" means a person who is a Wisconsin certified alcohol or drug
				  abuse counselor or a person with at least a bachelor's degree from an
				  accredited college or university who has specialized training to do therapy or
				  counseling or to provide other treatment services or a social worker licensed
				  under s.
				  457.08,
				  Stats.
(21) "Psychiatrist" means a
				  physician licensed under ch. 448, Stats., to practice medicine and surgery who
				  has satisfactorily completed 3 years of residency training in psychiatry or
				  child psychiatry in a program approved by the accreditation council for
				  graduate medical education and is either certified or eligible for
				  certification by the American board of psychiatry and neurology.
(21g) "Reasonable and prudent parent
				  standard" means a standard for use in making decisions concerning a resident's
				  participation in age or developmentally appropriate extracurricular,
				  enrichment, cultural, and social activities that is characterized by careful
				  and sensible parental decisions that maintain the health, safety, best
				  interests, and cultural, religious, and tribal values of the resident while at
				  the same time encouraging the emotional and developmental growth of the
				  resident.
(22) "Resident" means a
				  child who is admitted to and resides in a residential care center for children
				  and youth.
(22m) "Resident care
				  worker" means a staff person specified in s. DCF 52.12 (1) (a) 5.
(23) "Residential care center for children
				  and youth" or "residential care center", "center", or "RCC" means a residential
				  facility required to be licensed as a child welfare agency under s.
				  48.60,
				  Stats., that provides treatment and custodial services for children under 21
				  years of age.
(23m) "RPPS decision
				  maker" means an individual who has successfully completed training on the
				  application of the reasonable and prudent parent standard and makes reasonable
				  and prudent parenting decisions under s. DCF 52.415.
(24) "Staff person" means a person who is
				  either employed by a center or under contract for a center to perform the
				  functions identified in s. DCF 52.12 (1) (a) or (2) (i).
(25) "Treatment plan" means a written plan of
				  services to meet the specific treatment goals and needs of an individual
				  resident.
(26) "Type 2 residential
				  care center" means a center designated by the department of corrections as a
				  type 2 child caring institution that is approved by the department to operate
				  under its residential care center license to provide care and maintenance for
				  juveniles who have been placed in the residential care center under the
				  supervision of the department of corrections or a county department under s.
				  938.34(4d),
				  Stats.
(27) "Type 2 status" has the
				  meaning specified under s.
				  938.539, Stats.,
				  and includes the status given by the court to a youth who is placed by the
				  court in a type 2 residential care center.
(28) "Wisconsin public purchaser" means a
				  county department, the department, or the Wisconsin department of
				  corrections.