Wisconsin Administrative Code › Department of Children and Families › DCF 021-99 - Safety and Permanence › Chapter DCF 57 - Group Homes › Subchapter I - General Provisions › Section DCF 57.04 - Definitions

Current through June 24, 2024
In this chapter:
(1) 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.
(1m) "Agency-operated group home" means a
				  group home for which the licensee is a public agency other than the
				  department.
(2) "Background
				  information disclosure form" means the department form on which a person
				  provides certain information concerning the person's background.
Note:
DCF-F-2978-E,
Background
					 Information Disclosure
, is available in the forms section of the
					 department's website at
http://dcf.wisconsin.gov
or from the
					 filed office listed in Appendix A that serves the group home.
(3) "Behavior intervention" means any
				  containment, management or treatment technique or procedure used to intervene
				  in a resident's behavior when that behavior poses a clear and present danger of
				  serious physical harm to the resident or to others.
(4) "Caregiver" has the meaning given in s.
				  48.685(1)
				  (ag), Stats.
(5) "Caregiver background check" means the
				  search required by s.
				  48.685(2),
				  Stats.
(6) "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 an agreement.
(7) "Child abuse" means abuse as specified in
				  s.
				  48.02(1),
				  Stats.
(8) "Child neglect" has the
				  meaning given in s.
				  48.02(12g),
				  Stats.
(9) "Corporation-operated
				  group home" means a home for which the licensee is a non-profit or proprietary
				  corporation that operates one or more group homes.
(9m) "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.
(10) "Custodial parent"
				  means a resident whose child resides in the group home with the
				  resident.
(11) "Department" means
				  the department of children and families.
(12) "Emergency" means serious medical
				  incidents, fire, tornadoes, flooding, and loss of services to the group home
				  such as electricity, heat, water or telephone, or threats to the premises or
				  its occupants.
(13) "EPSDT" means
				  early and periodic screening, diagnosis and treatment of persons under s.
				  DHS
				  107.22.
(13m) 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.
(14) "Family-operated
				  group home" means a home for which the licensee is one or more individuals who
				  operate not more than one group home.
(15) "Fit and qualified" means displaying the
				  capacity to successfully nurture and care for children and shall not include a
				  history of a civil action, criminal conviction or administrative rule violation
				  that substantially relates to the care of a child; a history of exercising
				  unsound judgment or abuse of alcohol or drugs.
Note:
For help in determining whether a civil
					 action, criminal conviction, or administrative rule violation substantially
					 relates to the care of children consult s.
					 DCF
					 12.06.
(16) "Group home" means a facility operated
				  by a person licensed by the department pursuant to s.
				  48.625,
				  Stats., to provide 24-hour care for 5 to 8 residents.
(17) "Group home manager" means a person who
				  is responsible for the day-to-day operations of a group home.
(18) "Guardian" means a person or agency
				  appointed by a court to have the duties and authority of guardianship as
				  described under s.
				  48.023,
				  Stats.
(19) "HealthCheck provider"
				  means a provider certified under ch. DHS 105, to provide EPSDT health
				  assessment and evaluation services.
(20) "Household member" means any person who
				  resides, or is expected to reside, at the group home, who is not a resident of
				  the group home and who has or may have direct contact with group home
				  residents, whether or not related to the licensee.
(21) "House rules" means a summary of the
				  group home's standards related to resident conduct, responsibilities,
				  expectations, and daily activities.
(22) "Law enforcement agency" has the meaning
				  given in s.
				  165.83(1)
				  (b), Stats.
(23) "Legal custodian" means a person, other
				  than a parent or guardian, or an agency to whom legal custody of a child has
				  been transferred by a court, but does not include a person who has only
				  physical custody of a child.
(24)
				  "Legal custody" has the meaning given in s.
				  48.02(12),
				  Stats.
(25) "Licensee" means a
				  person licensed by the department pursuant to s.
				  48.66,
				  Stats., to operate a group home.
(25m) 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.
(26)
				  "Parent" has the meaning specified in s.
				  48.02(13),
				  Stats., or in s.
				  938.02(13),
				  Stats.
(27) "Permanency plan" means
				  the plan required under s.
				  48.38(2),
				  Stats., that is designed to ensure that a child placed in a group home is
				  safely reunified with the child's family whenever appropriate, or that the
				  child quickly attains a safe placement in a home providing long-term
				  stability.
(28) "Physical custody"
				  means actual custody of the person in the absence of a court order granting
				  legal custody to the physical custodian.
(29) "Physician" has the meaning given in s.
				  448.01(5),
				  Stats.
(30) "Placing agency" means
				  an agency that is 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, a
				  county department with powers and duties as defined under s.
				  48.57,
				  Stats., the department, the Wisconsin department of corrections or any other
				  authorized placement authority.
(31) "Premises" means the physical plant of
				  the group home, the tract of land on which the group home is situated and any
				  other building or structure on that land.
(32) "Program director" means a person that
				  is either on staff or under contract with the group home to provide program
				  oversight and case management for residents of the group home.
(32m) 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.
(33) "Relief help" means
				  an individual that is used by the licensee on an irregular and infrequent basis
				  for brief periods of time to provide care for residents.
Note:
An individual regularly scheduled to
					 replace a resident care staff on days off or for prolonged periods is
					 considered a resident care staff.
(34) "Resident" means a child who is admitted
				  to and resides in a group home.
(35) "Resident care staff" means an
				  individual employed by a licensee to be the usual and primary caregiver of
				  residents.
(36) "Resident rights"
				  means the rights specified in s.
				  51.61, Stats.,
				  and ch. DHS 94, of a resident who receives a service for alcohol or drug abuse,
				  a mental illness, or a developmental disability or for residents not receiving
				  those services, rights and grievance procedures that are comparable to those
				  found in s.
				  51.61, Stats.,
				  and ch. DHS 94.
(37) "Respite care"
				  means maintenance and care of a child with emotional, behavioral, cognitive,
				  physical, or other condition including being at risk of abuse or neglect,
				  placed in a group home for a period of 15 consecutive days or less.
Note:
Respite care can be used to relieve a
					 parent or other care provider from the demands of ongoing care when a child is
					 at risk of abuse or neglect or in other crisis situations or
					 both.
(37m) 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
				  57.245.
(38) "Serious juvenile offender" means a
				  person to whom the court has given the disposition specified in s.
				  938.34(4h),
				  Stats.
(39) "Sponsoring agency"
				  means a child welfare agency licensed to place children in group homes, a
				  county agency specified in s.
				  48.56(1),
				  Stats., or the department; which enters into a written contract with the
				  licensee.
(40) "Staff member" means
				  a group home director or manager, resident care staff, or relief
				  help.
(41) "Supervision" means
				  guidance of the behavior and activities of a resident by a staff member who is
				  within sight or sound of a resident.
(42) "Treatment plan" means a written plan of
				  services to meet the specific treatment goals and care needs of a
				  resident.
(43) "Universal
				  precautions" means measures taken to prevent transmission of infection from
				  contact with blood or other potentially infectious materials as recommended by
				  the U.S. public health service's centers for disease control and adopted by the
				  U.S. occupational safety and health administration (OSHA) as
				  29 CFR
				  1910.1030.
(44) "Volunteer" means an individual who
				  provides services to a group home but is not paid for those services.
Note:
This definition does not mean that a
					 volunteer cannot be reimbursed for expenses.
(45) "Wisconsin public purchaser" means a
				  county department, the department, or the Wisconsin department of
				  corrections.
This definition does not mean that a volunteer cannot be
						reimbursed for expenses.