Section 59.05. Child care.

 

(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 his or her 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 .

History: Cr. Register, June, 1978, No. 270 , eff. 7-1-78; renum. from PW-CY 45.04, Register, December, 1982, No. 324 , eff. 1-1-83; emerg. renum. (1), (3) and (4) (a) to (g) to be (1m), (3) (b) and (4) (b) to (h) and am. (3) (b) (intro.), emerg, cr. (1), (3) (a), (4) (a), eff. 12-1-93, renum. (1), (3) and (4) (a) to (g) to be (1m), (3) (b) and (4) (b) to (h) and am. (3) (b) (intro.), cr. (1), (3) (a), (4) (a), am. (9), (12), Register, September, 1994, No. 465 , eff. 10-1-94; CR 04-040 : cr. (15) Register December 2004 No. 588 , eff. 1-1-05; correction in (15) made under s. 13.92 (4) (b) 7. , Stats, Register November 2008 No. 635 .