Section 59.04. Personnel.

 

(1)   Qualifications of shelter care workers, hold-over room attendants and relief help.

(a) Personal qualifications. Shelter care workers, relief help, volunteers and hold-over room attendants shall be responsible, mature individuals of reputable character who exercise sound judgment and display the capacity to provide good care for children.

(b) Health.

1. Every shelter care worker, relief help, volunteer and hold-over room attendant and any person who may be residing in a shelter care facility shall be in good physical and mental health so that the health of the children or the quality and manner of their care will not be adversely affected.

2. If there is reason to believe that the physical or mental health of any shelter care worker, relief help, volunteer or hold-over room attendant or any person who may be residing in a shelter care facility might endanger children in care, the department may require an alcohol and other drug abuse assessment or a physical health or mental health evaluation of the person by a physician or other health care professional as a condition for continued employment or service or residence in the facility. The physician or other health care professional who performs the assessment or evaluation shall submit a written statement to the department that describes the condition of the person and possible effects of that condition on children in care.

3. Before beginning employment or service in a shelter care facility, a person shall receive a health examination covering the areas included in department form CFS 384. This requirement does not apply to a person who will work as a volunteer in contact with children for not more than 10 hours a week or as a hold-over room attendant. A person who will work as a volunteer in contact with children for not more than 10 hours a week or as a hold-over room attendant shall have received a tuberculin skin test without positive findings within 90 days before beginning employment or service.

(c) Education and training.

1. Shelter care workers shall either:

a. Have had one or more years of experience as foster parents, institutional houseparents, or other relevant child care experience, or

b. Have successfully completed not less than 24 hours of relevant training in accordance with plan formulated by the applicant or licensee and approved by the department, or

c. Agree to complete such training as specified in preceding subd. 1. b. within a period not to exceed one year from the time of initial licensure or employment.

2. Shelter care workers shall participate in ongoing in-service training of at least 15 hours a year in accordance with a plan formulated by the licensee and approved by the department.

3. Before a hold-over room attendant may provide care for a resident, the attendant shall complete at least 12 hours of training approved by the department on managing a hold-over room and providing care for residents, to include at least the following:

a. Suicide prevention.

b. Adolescent development.

c. Adolescent behavior.

d. Child abuse and neglect reporting laws.

e. Effects of alcohol and drug abuse.

f. Policies and procedures for operating the hold-over room.

g. Crisis intervention techniques.

(d) First aid training.

1. Each shelter care worker and hold-over room attendant shall have successfully completed a course in first aid, including cardiopulmonary resuscitation (CPR), acceptable to the department, unless the shelter care worker or hold-over room attendant has access to a person on the premises who is readily available and has completed a course in first aid, including cardiopulmonary resuscitation (CPR).

2. Each shelter care worker, hold-over room attendant or trained person on the premises under subd. 1. shall update his or her knowledge about first aid by successfully completing a first aid course acceptable to the department at least once in each consecutive 3 year period.

(2)   Volunteers.

(a) If volunteers are used, the licensee shall assign an appropriate staff member to:

1. Develop a plan for screening and orientation and use of volunteers and

2. Supervise and evaluate volunteers.

(b) Volunteers, except those working as hold-over room attendants, who are in regular contact with children in shelter care more than 10 hours per week shall meet all health requirements for shelter care workers.

(3)   Unit supervisors.

(a) In family and small group shelter care facilities the unit supervisor shall meet the requirements for shelter care workers under sub. (1) . For hold-over rooms, the unit supervisor shall meet the requirements for hold-over room attendants under sub. (1) .

(b) In large group shelter care facilities, the unit supervisor shall meet the requirements for shelter care workers, and in addition shall:

1. Have at least 3 years experience as a foster parent, institutional houseparent, or other relevant child care experience.

2. Have at least 2 years experience in an administrative or supervisory capacity.

3. During the first year as unit supervisor demonstrate the ability to satisfactorily manage the facility.

(4)   Other personnel. In addition to shelter care workers, relief help, and volunteers, unit supervisors may employ other staff such as cooks, janitors, launderers, housekeepers, etc. as needed, to carry out daily housekeeping functions.

(5)   Staffing patterns.

(a) Family care staffing and shift staffing.

1. The licensee shall not schedule relief help or volunteers to serve the purpose of replacing shelter care workers as the usual and primary providers of care and supervision of the children in the shelter care facility. In small and large group shelter care facilities, at the request of the department, the licensees shall make available scheduling and time records of all shelter care workers, relief help and volunteers.

2. There shall be at least 2 shelter care workers for each shelter care facility and one hold-over room attendant for each hold-over room in use. The hold-over room attendant shall be of the same sex as the occupant of the hold-over room.

3. There shall be a written and workable plan for contacting another shelter care worker, relief help individual, hold-over room attendant or other responsible adult when an emergency occurs at a time when only one shelter care worker, relief help individual or hold-over room attendant is in the facility.

(b) Family care staffing only.

1. One of the shelter care workers shall not have responsibilities unrelated to the shelter care facility program in excess of 10 hours per week. The second shelter care worker may have responsibilities away from the shelter care facility for more than 10 hours per week, but shall be otherwise available and make constructive contributions to the facility program.

2. The number of children shelter care workers may receive for care plus the number of shelter care workers' own children who live in the household shall not exceed a combined total of 10.

(5m)   Personnel policies. The licensee shall provide written personnel polices and procedures and any updates to them to persons employed as shelter care workers who work more than 10 hours per week. The personnel policies and procedures shall cover salary provisions, fringe benefits such as vacation time, sick leave, overtime, leaves of absence, retirement plan, if any, and insurance coverage, probationary period, if any, staffing schedule, job description defining specific duties, evaluation standards, chain of command, grievance procedures and termination procedures.

(6)   Personnel files.

(a) Shelter care workers. A licensee shall maintain a personnel file on each shelter care worker, except relief help employed 10 or less hours per week, that includes the following:

1. Name and address.

2. Date of birth.

3. A statement of the employee's qualifications, including education, training and experience.

4. A report on references, a signed background verification form and criminal records check report from the crime information bureau that meet the requirements of par. (c) .

5. Job description.

6. Duties, terms of employment and immediate supervisor.

7. Health record.

8. Training records.

9. Annual and termination evaluations.

(b) Relief help, volunteers and hold-over room attendants. A licensee shall maintain a record on each relief help employed 10 or less hours a week, each volunteer and each hold-over room attendant. The record shall be made available to the department upon request. The record shall include for each relief help, volunteer and hold-over room attendant:

1. Name and address.

2. Date of birth.

3. Health record, if required under sub. (1) (b) 2.

4. Dates and hours employed or volunteered.

5. Job description

6. Training records.

7. A report on references, signed background verification form and criminal records check report from the crime information bureau that meet the requirements of par. (c) .

(c) References and background checks.

1. The report on references under pars. (a) 4. and (b) 7. shall include:

a. Character references from at least 2 persons and references from previous employers.

b. Documentation of references either by letter or verification in the record of verbal contact, giving dates, individual making contact, individuals contacted and the content.

2. The background verification form under pars. (a) 4. and (b) 7. shall be a notarized background verification form, F-82064, signed by the shelter care employee, hold-over room attendant or volunteer, stating that the shelter care worker, hold-over room attendant or volunteer does not have a pending criminal charge or conviction relating to the care of children.

3. A state criminal records check on each applicant before allowing that person to work at the shelter care facility. If the person lived in another state, a criminal records check shall be requested from that state.

(d) Availability of file. Any personnel file shall be made available upon request to the department and the employee or volunteer on whom the file is maintained.

(7)   Discrimination. The shelter care facility shall be in compliance with ss. 111.31 through 111.37 , Stats., Title VI of the Civil Rights Act of 1964 as amended by the Equal Employment Opportunity Act of 1972.

History: Cr. Register, June, 1978, No. 270 , eff. 7-1-78; renum. from PW-CY 45.03, Register, December, 1982, No. 324 , eff. 1-1-83.; am. (1)(b) 3., Register, June, 1983, No. 330 , eff. 7-1-83; emerg. r. and recr. (1) (a), (b), (d) 1., (6), emerg. cr. (1) (c) 3., emerg. am. (1) (d) 2., (2) (b), (3) (a), (5) (a) 2., 3., eff. 12-1-93, r. and recr. (1) (a), (b), (d) 1., (6), cr. (1) (c) 3., (5m), am. (1) (d) 2., (2) (b), (3) (a), (5) (a) 2., 3., Register, September, 1994, No. 465 , eff. 10-1-94; correction in (6) (c) 2. made under s. 13.92 (4) (b) 6. , Stats., Register November 2008 No. 635 .

Note

For a state of Wisconsin criminal records check, obtain the name, sex, race and date of birth of the person about whom you are requesting the check. Send this information in a stamped self-addressed envelope to the Crime Information Bureau, Wisconsin Department of Justice, P.O. Box 2688, Madison, WI 53701-2688. There is a $2 fee per check for nonprofit and a $5 fee per check for a government agency. A non-profit or government agency must specify its tax exempt number. For all other agencies there is a $13 fee per check. Microsoft Windows NT 6.1.7601 Service Pack 1 Shelter care facilities must also comply with ch. DHS 12 , relating to uniform background checks on applicants for employment and, periodically, on existing employees, and not hire or retain persons who because of specified past actions are prohibited from working with the children. Microsoft Windows NT 6.1.7601 Service Pack 1