DCF 56.05 Note
Note: The Wisconsin Insurance Plan is property insurance of the last resort. A foster parent and an applicant for a foster home license should consider the Wisconsin Insurance Plan only if they cannot obtain conventional insurance from an insurance company. For information on the Wisconsin Insurance Plan, contact any insurance agency or the Wisconsin Insurance Plan, 700 W. Michigan Street, Milwaukee, WI 53233; phone 414-291-5353.
DCF 56.05 History
History: CR 00-020: cr.
Register February 2002 No. 554, eff. 3-1-02; corrections in (1) (a) 1., (f) 2., 4. and (5) (c) 5. c. made under s.
13.92 (4) (b) 7., Stats.,
Register November 2008 No. 635;
EmR0937: emerg. revisions as in
CR 10-021, eff. 1-1-10;
CR 10-021: am. (1) (b) 2. and (c) 8., r. and recr. (1) (e) 1. and (f), r. (1) (e) 2.
Register September 2010 No. 657, eff. 10-1-10;
EmR1050: emerg. renum (1) (b), (c) to be (1) (b) 1., (c) 1. and am., cr. (1) (b) 2., (c) 1. h. to n., 2., eff. 1-1-11;
CR 10-148: renum (1) (b), (c) to be (1) (b) 1., (c) 1. and am., cr. (1) (b) 2., (c) 1. h. to n., 2.
Register August 2011 No. 668, eff. 9-1-11;
CR 16-014: am. (1) (a) 1., r. and recr. (1) (f), cr. (1) (g)
Register June 2016 No. 726, eff. 7-1-16;
EmR1633: emerg. r. and recr. (1) (a) 1., am. (1) (a) 3., cr. (1) (b) 1. p., (c) 1. o., eff. 11-18-16;
CR 16-051: r. and recr. (1) (a) 1., am. (1) (a) 3., cr. (1) (b) 1. p.,(c) 1. o.
Register July 2017 No. 739, eff. 8-1-17;
CR 21-107: am. (1) (a) 2., (b) 1. e., (c) 2. e., (g) 3., 4., (3) (a), (5) (b) Register June 2022 No. 798, eff. 7-1-22. DCF 56.055(1)(a)(a) Before a foster home license is issued or renewed, the applicant and any nonclient resident in the home shall each do all of the following:
DCF 56.055(1)(a)1.
1. Complete and submit to the agency the department's background information disclosure and written authorization for the agency to make follow-up contact with the Wisconsin department of justice and any other person or organization to determine if there is any reason under sub.
(4) why the applicant should not be granted a license or have an existing license renewed.
DCF 56.055 Note
Note: DCF-F-2978-E,
Background Information Disclosure, is available in the forms section of the department website,
http://dcf.wisconsin.gov, or by writing to the Division of Safety and Permanence, P.O. Box 8916, Madison WI 53708-8916.
DCF 56.055(1)(a)2.
2. Provide the agency with information on each person's places of residence during the 5-year period before submission of the license application.
DCF 56.055(1)(b)
(b) Before an initial foster home license is issued or a license is renewed after a break in licensure, the applicant shall provide the agency or its designated agent with a set of fingerprints sufficiently clear to submit to the Wisconsin department of justice or other law enforcement agency for submission to the national crime information database as provided in s.
48.685 (2) (c) 1., Stats.
DCF 56.055(2)
(2) Conduct background check. The agency shall do all of the following:
DCF 56.055(2)(a)
(a) Obtain the information required under s.
48.685 (2) (am), Stats., regarding the applicant and any nonclient resident in the applicant's home.
DCF 56.055 Note
Note: Information on how to conduct an initial search of some of the required Wisconsin records is at
https://recordcheck.doj.wi.gov. Following the search, the agency will receive a report from the Department of Justice regarding results of the criminal records search and a report from the Department of Health Services regarding results of the search of other integrated databases. Further investigation may be required.
DCF 56.055(2)(b)
(b) Submit the fingerprints of the applicant under sub.
(1) (b) to the Wisconsin department of justice or other law enforcement agency for submission to the national crime information database as provided in s.
48.685 (2) (c) 1., Stats.
DCF 56.055(2)(c)
(c) Conduct a reverse search of the Wisconsin sex offender registry using the applicant's address.
DCF 56.055 Annotation
The information is limited by the effective date of the applicable law and to those offenders who have been arrested and convicted, adjudicated, or committed for a crime specified under the law and who meet registration and publication requirements.
DCF 56.055 Annotation
For example, certain sex offenses by juveniles or other persons may not meet registration or publication requirements. Please consider these limitations when obtaining information from the sex offender registry.
DCF 56.055(2)(d)
(d) Obtain a criminal history records search from any other jurisdiction in which the person is or was a resident if the agency is informed that a nonclient resident in the applicant's home resided outside the state of Wisconsin at any time during the 5-year period before the search.
DCF 56.055(2)(e)
(e) Obtain information on child abuse or neglect reports or findings during the 5-year period before the search, as follows:
DCF 56.055(2)(e)1.
1. If the agency is informed that the applicant or a nonclient resident in the applicant's home resided in the state of Wisconsin at any time during the 5-year period before the search, the agency shall contact each county in Wisconsin in which the person is a resident or was a resident during those 5 years for information regarding any child abuse or neglect reports or findings.
DCF 56.055(2)(e)2.
2. If the agency is informed that the applicant or a nonclient resident in the applicant's home resided outside the state of Wisconsin at any time during the 5-year period before the search, the agency shall check any child abuse or neglect registry maintained by any other jurisdiction in which the person is a resident or was a resident during those 5 years for any child abuse reports or findings.
DCF 56.055(2)(f)
(f) If the agency is informed that the applicant or a nonclient resident in the applicant's home served in a branch of the U.S. armed forces, including any reserve component, the agency shall make every reasonable effort to obtain information on the discharge status of the person. This information may be obtained from the discharge papers or from the armed forces branch in which the person served. If the discharge status is other than honorable, the agency shall obtain information on the nature and circumstances of the discharge.
DCF 56.055 Note
Note: The information from the armed forces may include military court findings or other information that is relevant to making a determination of whether an applicant is fit and qualified.
DCF 56.055(3)
(3) Follow up. Follow-up investigation may be required and may include any of the following:
DCF 56.055(3)(a)
(a) If the results of the criminal history records search under (2) (a), (b), or (d) indicate a charge of a crime specified in s.
48.685 (1) (c), Stats., or comparable law in any other jurisdiction, but do not completely and clearly indicate the final disposition of the charge, the agency shall make every reasonable effort to contact the appropriate clerk of court to determine the final disposition of the charge.
DCF 56.055(3)(b)
(b) If the background information disclosure indicates a charge or conviction of a crime specified in s.
48.685 (1) (c), Stats., or comparable law in any other jurisdiction, but the results of the criminal history records search under sub.
(2) (a),
(b), or
(d) do not include the charge or conviction, the agency shall make every reasonable effort to contact the appropriate clerk of court to obtain a copy of the criminal complaint and the final disposition of the complaint.
DCF 56.055(3)(c)
(c) If the results of the criminal history records search under sub.
(2) (a),
(b), or
(d); the background information disclosure; or any other information indicate that the person was convicted of a violation of s.
940.19 (1),
940.195,
940.20,
941.30,
942.08,
947.01 (1), or
947.013, Stats., or comparable law in any other jurisdiction, not more than 5 years before the agency obtained the information, the agency shall make every reasonable effort to contact the appropriate clerk of court to obtain a copy of the criminal complaint and judgment of conviction relating to that violation.
DCF 56.055 Note
Note: A list of Wisconsin county clerks of court is available at
http://www.wicourts.gov/contact/docs/clerks.pdf. An investigation and determination regarding whether the circumstances of the convictions for the crimes specified in par. (c) are substantially related to the care of children under s.
48.685 (5m), Stats., is required. The specified crimes are misdemeanor battery, battery to an unborn child, battery-special circumstances, reckless endangerment, invasion of privacy, disorderly conduct, and harassment.
DCF 56.055(4)
(4) Offenses that are a bar. Unless the person has demonstrated that the person has been rehabilitated under s.
48.685 (5) or
(5c), Stats., and ch.
DCF 12, an applicant or licensee is unqualified to hold a license if the applicant or a nonclient resident in the foster home meets any of the following conditions:
DCF 56.055(4)(a)
(a) The person has been convicted of a crime specified in s.
48.685 (1) (c), Stats.,
or is the subject of a pending criminal charge alleging that the person committed a crime specified in s.
48.685 (1) (c), Stats.
DCF 56.055 Note
Note: A table that lists applicable crimes is available on the department website,
http://dcf.wisconsin.gov, in the foster care/related statutes and administrative rules section.
DCF 56.055(4)(am)
(am) The person has been adjudicated delinquent for committing a crime specified in s.
48.685 (1) (c), Stats., or is the subject of a delinquency petition alleging that the person committed a crime specified in s.
48.685 (1) (c), Stats.
DCF 56.055(4)(b)
(b) A governmental body has made a finding that the person has abused or neglected any client or misappropriated the property of any client.
DCF 56.055(4)(c)
(c) A final substantiated finding has been made that the person abused or neglected a child.
DCF 56.055(4)(d)
(d) A finding that is comparable to a final substantiated finding has been made in any other jurisdiction.
DCF 56.055(5)
(5) Denials or revocation. The agency shall provide the department with information about each person who is denied a license or has a license revoked for a reason specified in sub.
(4).
DCF 56.055 Note
Note: Agencies with direct access to eWiSACWIS, the child welfare automation system, enter the information into the system. Agencies that do not have direct access to eWiSACWIS, provide the information on Form DCF-F-CFS2191, Negative Action Notice, which is available in the forms section of the department's website, dcf.wisconsin.gov. Send the completed form to Out-of-Home Care Section, DCF/DSP, P.O. Box 8916, Madison, WI 53708-8916.
DCF 56.055 History
History: CR 16-014: cr.
Register June 2016 No. 726, eff. 7-1-16;
CR 21-107: am. (2) (d), (3) (a), (b), (4) (intro.), r. and recr. (4) (a), cr. (4) (am) Register June 2022 No. 798, eff. 7-1-22. DCF 56.06
DCF 56.06
Serious incident reporting. DCF 56.06(1)(1)
A foster parent shall immediately notify the supervising agency and, if not the same, the licensing agency of all of the following:
DCF 56.06(1)(b)
(b) Serious illness or injury of a foster child that requires the services of a licensed medical professional, including all of the following:
DCF 56.06 Note
Note: Information regarding reportable communicable diseases can be obtained from local county public health departments.
DCF 56.06(1)(c)
(c) The foster parent has reasonable cause to believe any of the following:
DCF 56.06(1)(c)2.
2. A foster child has been threatened with abuse or neglect and it is likely that the foster child will be abused or neglected.
DCF 56.06(1)(d)
(d) An error in administering medication to a foster child.
DCF 56.06(1)(f)
(f) The unauthorized absence of a foster child from the home for more than 8 hours or for longer than is reasonable given the child's age, maturity, and mental and emotional capacity.
DCF 56.06(1)(g)
(g) An incident requiring contact with law enforcement at the foster home or that involves a foster child.
DCF 56.06(1)(h)
(h) A condition or situation that requires the removal of a child from a foster home.
DCF 56.06(2)
(2) A foster parent shall immediately notify the licensing agency of any of the following:
DCF 56.06(2)(a)
(a) Any physical damage to the foster home or premises that would affect compliance with this chapter, including the following:
DCF 56.06(2)(a)2.
2. Failure in the heating, cooling, electrical, plumbing, or smoke detection system that is not repaired or that cannot be repaired within 24 hours after the failure becomes known.
DCF 56.06(2)(b)
(b) A fire on the premises of the foster home that requires the services of a fire department.
DCF 56.06(3)
(3) A licensing agency shall immediately notify the department exceptions panel of any serious incident in this section that is reported by a foster parent of a Level 5 foster home.
DCF 56.06 History
History: CR 00-020: cr.
Register February 2002 No. 554, eff. 3-1-02; corrections in (8) and (13) made under s.
13.92 (4) (b) 7., Stats.,
Register November 2008 No. 635;
EmR0937: emerg. am. (12), eff. 1-1-10;
CR 10-021: am. (12)
Register September 2010 No. 657, eff. 10-1-10;
EmR1050: emerg. r. and recr., eff. 1-1-11;
CR 10-148: r. and recr.
Register August 2011 No. 668, eff. 9-1-11.
DCF 56.07(1)(a)(a) A foster home shall be so constructed, arranged and maintained that it is safe for all occupants, and the health of all occupants is safeguarded. The home shall be large enough and its living areas large enough for the number and ages of the foster children and other household members. The home shall have furnishings and equipment necessary to adequately accommodate the foster children and other persons living in the home. The property on which the foster home is situated, including all other buildings and structures on that property, shall be maintained in a state of good repair and in a sanitary condition so that it is safe for the occupants and their health is safeguarded.
DCF 56.07(1)(b)
(b) The licensing agency shall request fire, health, sanitation or safety officials to inspect the foster home or the entire premises when more expert opinion is necessary to help the agency evaluate the safety of the home.
DCF 56.07(1m)
(1m) Exterior access. If necessary for a child to access the foster home where the child is placed, at least one entrance to the foster home shall be level or ramped in accordance with ch.
SPS 362 and in a manner that provides safe access for the child.
DCF 56.07(2)(a)
(a) An applicant applying on or after September 1, 1990, for an initial license to operate a foster home shall provide a minimum of 200 square feet of living area for each household member, including each foster child, unless a higher minimum is deemed necessary by the licensing agency to accommodate wheelchairs or other special equipment used by a foster child.
DCF 56.07(2)(b)
(b) Doorways and passageways to the common rooms of the foster home, a complete bathroom, and the child's bedroom shall meet standards relating to accessibility in ch.
SPS 362 if either of the following apply:
DCF 56.07(2)(b)2.
2. The child has significant mobility limitations and is too big to be safely carried.
DCF 56.07(3)(a)
(a) An applicant for an initial license to operate a foster home or any licensee who changes the location of the foster home on or after September 1, 1990, shall provide at least one complete bathroom for every 8 household members including foster children. Bath and toilet facilities that are accessible only through a sleeping room may be counted only for the occupants of that room.
DCF 56.07(3)(b)
(b) The door of each bathroom shall have a lock that may be opened from the outside in an emergency.
DCF 56.07(3)(d)
(d) At least one bathroom shall be constructed in conformity with ch.
SPS 362 if a foster child has physical disabilities that require special equipment or clear floor space.
DCF 56.07(4)(a)1.1. Each foster child shall be provided with a separate bed, except 2 related children of the same sex over the age of one and under 12 years of age may share a double or larger bed.
DCF 56.07(4)(a)1m.
1m. Each infant child, birth to 12 months of age, shall sleep alone in a crib, bassinet, or playpen.
DCF 56.07(4)(a)2.
2. Each crib shall have crib slats that are securely fastened in place and are spaced no more than 2 3/8 inches apart. The mattress shall fit snugly so that there are no more than 1
½ inches between the edge of the mattress and crib side. Crib sheets shall fit snugly to the mattress. Blankets used to cover the child shall be tucked tightly under the mattress and shall be kept away from the child's mouth and nose.
DCF 56.07(4)(a)3.
3. Each bed shall be large enough to be comfortable for the child, provide adequate body support and be equipped with a clean and comfortable mattress and with a waterproof covering when necessary. The foster child shall be provided blankets that are adequate for the season.
DCF 56.07(4)(a)4.
4. There shall be a minimum of 2 feet horizontally between beds except that between bunk beds there shall be a minimum of 5 feet.
