Wis. Admin. Code Department of Children and Families DCF 52.03

Current through November 25, 2024

Section DCF 52.03 - Definitions

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.

Wis. Admin. Code Department of Children and Families DCF 52.03

Cr. Register, February, 2000, No. 530, eff. 9-1-00; corrections in (3), (5), (7), (8), (15) and (24) made under s. 13.92(4) (b) 6 and 7., Stats., Register November 2008 No. 635; EmR1106: emerg. r. and recr. (4), am. (23), cr. (19m), (28), eff. 9-16-11; CR 11-026: r. and recr. (4), am. (23), cr. (19m), (28) Register December 2011 No. 672, eff. 1-1-12.

Amended by, CR 14-054: cr. (2m), r. and recr. (22), am. (23) Register April 2015 No. 712, eff.5/1/2015.

Amended by, EmR1633: emerg. cr. (1m), (5m), (16m), (21g), (22m), (23m), eff. 11-18-16; CR 16-051: cr. (1m), (5m), (16m), (21g), (22m), (23m) Register July 2017 No. 739, eff. 8/1/2017

Amended by, correction in 7 made under ss. 13.92 4 b 7. and 35.17, Stats., Register September 2020 No. 777, eff. 10/1/2020

Amended by, CR 21-107: am. (1) Register June 2022 No. 798, eff. 7/1/2022