Section 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, service coordination and case management activities of resident services case managers through resident treatment planning reviews, case staffings and treatment record reviews.

3. One or more resident services case managers responsible for individual and group counseling of residents and individual counseling of residents and their families along with case work efforts involving residents and their families in planning, implementing and coordinating services and resources.

4. One or more resident care worker supervisors responsible for supervising and assessing resident care workers as they interact with residents and provide for the day-to-day care and supervision of residents.

5. One or more resident care workers responsible for direct care, nurturing and supervision of the residents.

6. Staff responsible for the center's recreation program.

7. Staff responsible for educational services when the center has an on-grounds education program.

(b) A center shall have the following services available for residents, either provided by professionals on staff or under agreement with professionals who are consultants for the center:

1. Health care needs assessment and supervision of the delivery of center health care services by a physician.

2. Dental care needs assessment by a dentist.

3. Services of a psychologist licensed under ch. 455 , Stats. , or a psychiatrist.

4. Services of other appropriately qualified professionals such as speech communication or hearing impairment specialists or occupational or physical therapists as necessary to carry out resident treatment plans.

(c) The work schedule of a resident care worker shall:

1. Specify the worker's routine and regular hours.

2. Not allow for the regular scheduling of more than 40 hours of direct care responsibilities with residents each week, exclusive of resident sleeping time, or more than 50 hours per week exclusive of resident sleeping time when the resident care worker is covering for sick leave, vacations, resignations or terminations of other staff.

3. Allow each resident care worker working longer than an 8 hour shift to have at least 15 minutes of free time during each additional 2 hour period.

(2)   Staff qualifications. Staff hired or contracted for on or after September 1, 2000, to carry out the responsibilities under sub. (1) (a) shall have the following qualifications:

(a) The center director under sub. (1) (a) 1. shall be an employee of the center, have a bachelor's degree from a college or university in business or public administration or a social or behavioral science or in a social services or human services field and have 2 years of successful related work experience in administration or supervision.

(b) The social work case work supervisor under sub. (1) (a) 2. shall be an employee of the center, have a master's degree in social work from a school of social work or in a behavioral science with 2 years of supervised work experience in a family or child welfare agency, have experience in working with the kind of populations the center serves and provide evidence of supervisory knowledge and skills.

(c) The resident services case manager under sub. (1) (a) 3. shall have education and experience which are specifically related to the client population to be served. That education and experience shall consist of the following for the type of population served:

1. Under this subdivision social or behavioral science field includes a degree in social work, sociology, psychology, speech communication or special education with certification for emotional disturbance or learning disabilities. For work with residents who are receiving services primarily for correctional aftercare or emotional disturbance, the resident services case manager shall have one of the following qualifications:

a. A master's degree in a social or behavioral science field with field work experience or employment experience working with children or families.

b. A bachelor's degree in a social or behavioral science field and either 2 years of employment experience in human services counseling involving children and families or at least 500 hours of supervised family or child contact therapy hours.

2. Under this subdivision a social or behavioral science field includes a degree in those fields specified under subd. 1. For work with residents who are receiving services primarily for alcohol or drug problems, the resident services case manager shall have one of the following qualifications:

a. A bachelor's degree in a social or behavioral science field and Wisconsin certification as an alcohol and drug counselor or meeting the qualifications of a registered alcohol and drug counselor I from the Wisconsin alcohol council certification board.

b. An advanced professional degree in a social or behavioral science field from a college or university with at least 6 credits in courses offering content in alcohol and drug abuse treatment and counseling practicum or field experience.

c. A bachelor's degree in a social or behavioral science field from a college or university and 6 credits in courses offering content in alcohol and drug abuse treatment and counseling practicum or field experience.

d. A bachelor's degree in a social or behavioral science field from a college or university and 2 years of experience working with children in alcohol and drug abuse counseling.

3. For work with residents who are receiving services primarily for a developmental disability, the resident services case manager shall have the following education and experience qualifications:

a. A degree in a social or behavioral science field. Under this subparagraph a social or behavioral science field includes a degree in social work, sociology, psychology, speech communication, special education, physical therapy or occupational therapy.

b. Specialized training or one year of employment experience in treating or working with developmentally disabled persons.

(d) The resident care worker supervisor under sub. (1) (a) 4. shall be an employee of the center and meet one of the following qualifications:

1. Possess the qualifications described under par. (c) for working with the type of population served.

2. Have 3 years of experience in public or private institutional child care for the type of population the center serves, and have one year of experience as a supervisor or satisfactory completion of at least one course for credit in supervisory skill development and personnel management or have 40 hours of documented in-service training involving supervisory skill development and personnel management.

3. Have 2 years of experience in licensed institutional child care and be certified as a child and youth care worker meeting standards of the national organization of child and youth care workers association.

(e) A resident care worker under sub. (1) (a) 5. shall be an employee of the center, have a high school diploma or equivalent and be at least 18 years old and at least 2 years older than the oldest resident. The resident care worker shall also meet one of the following qualifications:

1. Have a bachelor's or associate degree from a college or university with a focus on child and youth care work or in a social or behavioral science field.

2. Have at least one year of successful experience working in a recognized child welfare residential setting for the type of resident population served by the center.

3. Be certified as a child and youth care worker under the standards of the national organization of child and youth care workers association or other department-recognized certifying authority.

4. Have completed a supervised traineeship program under sub. (5) (g) .

(f) A person under sub. (1) (a) 6. responsible for center recreational programming under s. DCF 52.41 (4) shall meet the qualifications of a resident care worker under par. (e) and have demonstrated proficiency and at least 3 months experience conducting activities in one or more recreational program areas appropriate for populations served by the center.

(g) Education staff under sub. (1) (a) 7. , shall meet Wisconsin department of public instruction qualifications for the students served.

(h) Each staff person working for a center shall, where a college or university degree is required under this subsection, have the degree from an accredited college or university.

(i) A center that hires or contracts for staff not identified under sub. (1) (a) having direct care or service involvement with residents shall, for those staff, also meet the requirements for employment applications under sub. (3) , job descriptions and standards and confidentiality notification under sub. (4) , staff training under sub. (5) , staff supervision under sub. (6) , child abuse and neglect reporting under sub. (9) and personnel records under sub. (10) .

(3)   Employment applications and general qualifications.

(a) Before a center hires or contracts for any new staff, the center shall verify and document the qualifications of applicants considered for employment or service.

(b) A center shall require an applicant for employment to complete and sign an application form. From the required application materials, the center shall obtain:

1. The names of 2 persons not related to the prospective staff person who can vouch for the good character of the prospective staff person.

2. Employment references. The center shall verify that the applicant was employed by persons listed as employers during the past 5 years.

3. A completed HFS-0064A background information disclosure form and background record checks as required under s. 48.685 , Stats., and ch. DHS 12 .

4. Educational background information.

(c) Upon receipt of an application, a center shall check references either by letter or phone and shall document the date of contact, the person making the contact and the person contacted and shall summarize the conversation concerning the character and experience of the person that would permit a judgment to be made about hiring or contracting, and what the relationship of the reference is to the prospective staff person or how the reference knows that person.

(d) The center shall comply with the background records check provisions under ch. DHS 12 for the hiring or contracting of center staff who will have access to residents, including, as applicable, not hiring or contracting with a person to work in any position where the person would have direct, regular contact with residents if the person answers "yes" to any question on the HFS-0064A background information form which would bar that person.

(e) A center shall require that each staff person before working with residents present a statement from a physician covering at least the areas included in a form prescribed by the department indicating that the staff person does not have a communicable disease, illness or disability that would interfere with the staff person's ability to work with or care for residents.

(f) All staff shall have the ability and emotional stability to carry out their assigned functions and duties. Center staff whose behavior or mental or physical condition gives reasonable concern for safety of residents may not be in contact with residents in care. If, at any time, a center suspects or has reason to believe that the physical or mental health of a center employee or other person on the premises may pose a threat to the health, safety, or welfare of a resident in care, the center shall require an alcohol or drug abuse assessment or a physical or mental health evaluation of the person.

(4)   Job descriptions and standards. A center shall provide each new staff member under sub. (1) (a) or (2) (i) with all of the following materials and place copies dated and signed by the staff member in the staff member's personnel record:

(a) A job description specifying the staff member's roles and responsibilities.

(b) Individual performance standards, including expected staff conduct toward residents.

(c) A copy of a department form for reporting suspected child abuse or neglect.

(d) A statement calling attention to requirements under s. 48.78 or 938.78 , Stats., and s. 51.30 , Stats., for maintaining resident confidentiality.

(5)   Staff training.

(a) Approved by department. At the time of initial licensure and every 2 years thereafter, a center, prior to implementing training required under this subsection, shall submit to the department, for approval, a description of the process and content of orientation and initial training, including the number of training hours for all new staff who work with residents and a plan for establishing and meeting ongoing training needs for all staff who work with residents.

(b) Orientation. Before a new staff member is permitted to work independently with residents, the center shall provide orientation training for the new staff member covering at least all of the following areas:

1. Overall center philosophy and program goals.

2. Organization and management of the center, including administrative procedures.

3. The nature of residents' emotional and physical needs.

4. Expected staff conduct toward residents, expected resident conduct, the center's house rules for residents required under s. DCF 52.42 (3) (f) and center behavior management techniques.

5. Observing and reporting resident behavior.

6. Resident rights and grievance procedures.

7. Identification and reporting of child abuse and neglect.

8. Laws on confidentiality of personally identifiable information.

9. Center procedures for reporting missing persons.

10. Fire safety and evacuation procedures.

11. Emergency medical procedures and center emergency security measures and procedures.

12. Sanitation and hygiene practices including the nature, causes, transmission and prevention of hepatitis B, human immunodeficiency virus (HIV) and acquired immunodeficiency syndrome (AIDS) and the legal, social and psychological aspects of those conditions.

(c) Initial training. A center shall document that a new staff member who works with residents has already received training in the following areas or the center shall provide at least 40 hours of training covering those subjects within 6 months after the staff member begins work at the center:

1. Developmental care.

2. Creating a therapeutic milieu.

3. Human sexuality.

4. Teamwork.

5. Working with groups.

6. Emergency safety intervention.

7. Family relationships and the impact of separation from the family.

8. Suicide prevention, including identification of signs and center response measures.

9. Fire safety and evacuation, with training provided by a Wisconsin vocational, technical and adult education college.

10. Sensitivity to racial and cultural differences among residents.

(cm) Automated external defibrillator training. A residential care center for children and youth shall have in each building housing residents when those residents are present at least one staff member who has current proficiency in the use of an automated external defibrillator, as defined in s. 256.15 (1) (cr) , Stats., achieved through instruction provided by an individual, organization, or institution of higher education that is approved under s. 46.03 (38) , Stats., to provide such instruction.

(d) Working with monitor. A newly hired resident care worker who meets one of the qualifications under sub. (2) (e) 1. to 3. may not assume independent responsibility for residents until completing 80 hours of work with residents during which assistance and guidance is provided by an experienced center resident care worker.

(e) Educational program orientation. A center shall provide orientation training on the center's educational program required under s. DCF 52.41 (1) (b) to center staff responsible for resident educational services before staff provide those services to residents.

(f) Continuing training. A center shall provide or arrange for continuing training for staff so that staff competencies necessary to meet the needs of residents are maintained and enhanced. The center shall do all of the following:

1. Determine continuing training needs through staff performance reviews and assessments.

2. Provide or arrange for at least 24 hours of continuing training annually for every staff member working with residents. Training provided or arranged by the center under pars. (b) and (c) may be counted towards the required 24 hours of annual training but not training received by a staff member from a previous employer.

(g) Traineeship.

1. The center shall establish a traineeship for a new resident care worker who is not otherwise qualified under sub. (2) (e) 1. to 3. The trainee shall be required to work with an experienced resident care worker for at least the first 160 hours of work with residents.

2. When a traineeship program required under sub. (2) (e) 4. has been completed, the center shall note this in the resident care worker's personnel record. Documentation shall include the beginning and ending dates of the traineeship, the name of the experienced staff member who worked with the trainee and assessment of the strengths and competencies of the resident care worker by the resident care worker supervisor.

3. If, as part of the traineeship, the topics under par. (c) are covered, this training may be counted towards meeting the requirement under par. (c) .

(h) Documentation of training. A center shall document in each staff member's personnel record all orientation and training received by the staff member. Documentation shall include dates of training and who provided the training.

(6)   Staff supervision.

(a) A center shall provide for appropriate supervision of staff as follows:

1. There shall be at least one full-time equivalent social work case work supervisor as described under sub. (1) (a) 2. for no more than 8 full-time resident services case manager staff under sub. (1) (a) 3.

2. There shall be at least one full-time equivalent resident care worker supervisor as described under sub. (1) (a) 4. for no more than 8 full-time equivalent resident care workers under sub. (1) (a) 5.

3. The center director or professional designee shall supervise the remaining staff and consultant and service staff under subs. (1) and (2) (i) .

4. The center director shall ensure that when a supervisor is absent, each staff member supervised by that person knows to whom he or she reports.

(b) Staff supervision shall include both of the following:

1. A written performance review and assessment of a staff member at least once in the staff person's first 6 months with the center and annually thereafter.

2. Filing a copy of the performance review and assessment and any written response of the staff person to it in the staff person's personnel record.

(7)   Volunteers and student interns. A center that accepts unpaid college students on field placement or volunteers to provide services to residents shall do all of the following:

(a) Verify the individual's qualifications to work with residents through character reference checks and background verification and a signed statement under sub. (3) (b) and (c) , a caregiver background records check under sub. (3) (d) and a physician's statement under sub. (3) (e) .

(b) Maintain a list of volunteers and students on field placement working in the center and have a written description of the job responsibilities of each. The center shall provide a copy of a particular student's or volunteer's job responsibilities to the student or volunteer. The description shall include the following:

1. A statement of the purpose of the student's or volunteer's involvement, role and responsibilities.

2. Identification of a staff member meeting, at minimum, the requirements under sub. (2) for a resident care worker who will supervise the student or volunteer.

3. An indication of the extent to which the student or volunteer will be able to contribute to development of a resident's service plan or plan progress reviews.

(c) Orient students and volunteers on subjects listed under sub. (5) (b) before permitting them to work with residents.

(d) Have each student or volunteer sign a department-provided statement acknowledging the student or volunteer's responsibility for reporting any suspected child abuse and neglect under sub. (9) and for maintaining confidentiality of resident record information in accordance with s. 48.78 or 938.78 , Stats., and s. 51.30 , Stats.

(e) Maintain a personnel record on each student and volunteer. The record shall contain the documentation required in this subsection. The center shall maintain the record for 5 years after last date of service.

(f) Follow a policy of not using volunteers or students to replace staff required under sub. (1) .

(8)   External professional services.

(a) A center may contract for or otherwise arrange for professional services not provided by the center when necessary for implementation of a resident's treatment plan. If a center does contract for or otherwise arrange for external professional services, the center shall do all of the following:

1. Maintain a list of all external professional service providers.

2. Require that each external professional service provider have the appropriate license or certification.

3. Require that each external professional service provider provide written reports to the center on the resident's progress.

(b) A center arranging for an outside specialist or consultant to treat or advise about treating a dysfunctional behavior or condition of a resident shall notify the resident's placing person or agency in writing if the outside specialist or consultant states that the resident needs follow-along and support services. The center shall inform the placing person or agency of specialist or consultant recommendations for the resident including the needs, types of follow-along or support services and the amount of recommended time needed for those efforts. Center staff shall document the recommendations and notification in the resident's treatment record.

(9)   Child abuse and neglect reporting.

(a) A center shall at all times protect residents from abuse or neglect.

(b) A center shall require each staff member, student intern and volunteer to read and sign a statement provided by the department which describes the individual's responsibility to report suspected child abuse or neglect as required under s. 48.981 (2) and (3) , Stats.

(c) A center shall have written policies and procedures for reporting to the appropriate local county social or human services department or law enforcement agency when there is reasonable cause to suspect that a child has been abused or neglected. The policies and procedures shall include:

1. Notifying the child's placing person or agency and the department licensing representative of possible abuse or neglect and the basis for that suspicion.

2. Meeting reporting requirements in s. 48.981 (2) and (3) , Stats.

3. Prohibiting imposition of a sanction or any reprisal against a person for reporting suspicion of child abuse or neglect.

(d) When child abuse or neglect is reported, the center shall take necessary steps to protect the resident until a finding is made.

(10)   Personnel records.

(a) General personnel records. A center shall maintain a personnel record for each staff member under subs. (1) (a) and (2) (i) . The record shall contain, at minimum, the following information:

1. The staff member's application for employment under sub. (3) (b) .

2. Copies of the staff member's job description and the performance standards and conduct expectations relating to that job required under sub. (4) (a) and (b) .

3. Documentation of information obtained from a staff member's references required under sub. (3) (c) .

4. The department-prescribed background information disclosure form, signed as required under sub. (3) (d) .

5. A history of the staff member's employment at the center, with starting and ending dates for each position.

6. A copy of the signed department form under sub. (4) (c) for reporting suspected child abuse and neglect.

7. A copy of the background records checks required under sub. (3) (d) .

8. A copy of the statement under sub. (4) (d) , signed by the staff member, about the need to maintain confidentiality of personally identifiable information about residents.

9. Copies of completed performance reviews and assessments under sub. (6) (b) .

10. A description of training received under sub. (5) (h) .

11. Authorization to administer medications, if applicable, as required under s. DCF 52.46 (2) (a) 3.

(b) Health record. A center shall separately maintain a health record for each staff member containing health history, any physical or mental health evaluation under sub. (3) (f) and the physician's statement required under sub. (3) (e) .

(c) Retention. A center shall maintain the personnel file of each staff member for 5 years after the date on which the staff member terminates employment with the center.

(11)   Staff housing. A residential care center may not house children of staff with residents.

History: Cr. Register, February, 2000, No. 530 , eff. 9-1-00; corrections in (2) (f), (3) (b) 3., (d), (5) (b) 4., (e) and (10) (a) 11. made under s. 13.92 (4) (b) 7. , Stats., Register November 2008 No. 635 ; EmR1106 : emerg. cr. (5) (cm), (11), eff. 9-16-11; CR 11-026 : am. (3) (e), (5) (c) 6., cr. (5) (cm), (11) Register December 2011 No. 672 , eff. 1-1-12; CR 14-054 : am. (8) (b) Register April 2015 No. 712 , eff. 5-1-15.

Note

For a list of accredited institutions of higher education in the Midwest, see "NCA Quarterly - Accredited Institutions of Post-Secondary Education" available from the North Central Associates of Colleges and Schools, 159 North Dearborn St., Chicago, Illinois 60601. Microsoft Windows NT 6.1.7601 Service Pack 1 Form F-80264A may be obtained from the department's website at http://dhs.wisconsin.gov/forms/F8/F82064.pdf or by writing or telephoning any field office listed in Appendix D. Microsoft Windows NT 6.1.7601 Service Pack 1 Forms for conducting a caregiver background check, including the background information disclosure form may be obtained from the department's website at http://dhs.wisconsin.gov/forms/F8/F82064.pdf or by writing or telephoning any field office listed in Appendix D. Microsoft Windows NT 6.1.7601 Service Pack 1 Refer to s. DCF 52.62 (1) , General Conditions for Approval of License, with regard to the applicant or licensee being found fit and qualified to provide care to children. Microsoft Windows NT 6.1.7601 Service Pack 1 Form CFS0384, Child Welfare Facility Staff Health Report, is available in the forms section of the department website at http://dcf.wisconsin.gov or by writing or calling any field office listed in Appendix D. Microsoft Windows NT 6.1.7601 Service Pack 1 Form number CFS2172, Residential Care Center Child Abuse and Neglect Reporting and Confidentiality Responsibilities, is available in the forms section of the department website at http://dcf.wisconsin.gov or by writing or calling any field office listed in Appendix D. Microsoft Windows NT 6.1.7601 Service Pack 1