Chapter DCF 56

DCF 56.08 Note Note: A one-unit building is a single family residence. A two-unit building is a duplex or two-flat.

DCF 56.08(9m)(b) (b) A foster home in a building with at least 3 units shall have one or more functional carbon monoxide detectors installed in accordance with the requirements of s. 101.149, Stats.

DCF 56.08(10) (10) Reporting fires. The licensee shall report by no later than the end of the next working day to the licensing agency any fire in the foster home or elsewhere on the premises that requires the assistance of the fire department.

DCF 56.08(10m) (10m) Disaster plan. Each licensed foster home shall file a disaster plan with the licensing agency that would allow the licensing agency to identify, locate, and ensure continuity of services to children under the placement and care responsibility or supervision of an agency who are displaced or adversely affected by a disaster. Disaster plans shall include all of the following information:

DCF 56.08(10m)(a) (a) Where a family, provider, or child would go in an evacuation, including one location in the nearby area and one location out of the area.

DCF 56.08(10m)(b) (b) Phone numbers, electronic mail addresses, and other contact information for the foster parent.

DCF 56.08(10m)(c) (c) Contact information for a relative or friend out of the area who will know where the family is located.

DCF 56.08(10m)(d) (d) A list of items that the licensee will take if evacuated, including any medication and medical equipment for the child.

DCF 56.08(10m)(e) (e) A phone number the licensee will call to check in with the licensing agency or caseworker.

DCF 56.08(11) (11) Safety of infants and children with disabilities.

DCF 56.08(11)(a) (a) A licensing agency may impose additional safety conditions upon a licensee if the licensee cares for a child under one year of age or a child with mental or physical disabilities when the age, impaired judgment, or mobility of the child creates additional safety risks.

DCF 56.08(11)(b) (b) A licensing agency may require modifications to a foster home or other accommodations necessary to meet specific requirements identified by the child’s team or treatment team. These modifications may include any of the following:

DCF 56.08(11)(b)1. 1. Supplemental electrical service to the home.

DCF 56.08(11)(b)2. 2. Electrical back-up systems that will provide a reliable level of power in the event of an electrical system failure.

DCF 56.08(11)(b)3. 3. Adequate mechanisms for the safe and legal storage and disposal of medical supplies.

DCF 56.08(11)(b)4. 4. Minimum and maximum standards for heating and cooling temperatures within the home.

DCF 56.08(11)(b)5. 5. Structural or cosmetic changes to allow the child access into and throughout the home.

DCF 56.08(11)(b)6. 6. Mechanisms for ensuring that hot water temperatures from bathtub, sink, shower, and other bathroom fixtures do not exceed a maximum safe temperature of 110 degrees Fahrenheit.

DCF 56.08(11)(b)7. 7. Mechanisms for measuring and achieving established air purity standards in the home.

DCF 56.08(11)(b)8. 8. Other modifications to accommodate needs identified by the child’s team or treatment team.

DCF 56.08(11)(c) (c) Any additional conditions imposed under par. (a) or (b) shall be in writing and reviewed jointly by the licensing agency and licensee before taking effect.

DCF 56.08(11)(d) (d) The licensing agency and licensee shall review the conditions under par. (a) or (b) for possible revision at least annually.

DCF 56.08 Note Note: A licensing agency may use an exceptional payment under s. DCF 56.23 (3) to pay for any necessary adjustments to the foster home to meet the special needs of a foster child.

DCF 56.08(12) (12) Stairways. Each stairway shall have a handrail.

DCF 56.08 History History: CR 00-020: cr. Register February 2002 No. 554, eff. 3-1-02; EmR0937: emerg. r. and recr. (4) (b) and (c), am. (5) (b), cr. (10m), eff. 1-1-10; CR 10-021: r. and recr. (4) (b) and (c), am. (5) (b), cr. (9m) and (10m) Register September 2010 No. 657, eff. 10-1-10; EmR1050: emerg. am. (8) (a) 2., cr. (8) (a) 3., r. and recr. (11), eff. 1-1-11; CR 10-148: am. (8) (a) 2., cr. (8) (a) 3., r. and recr. (11) Register August 2011 No. 668, eff. 9-1-11; CR 10-021 transcription error in (5) (b) corrected Register December 2015 No. 720; EmR1633: emerg. am. (4) (a), (5) (c) 1., r. and recr. (5) (c) 2., am. (6) (a), r. (6) (b), eff. 11-18-16; CR 16-051: am. (4) (a), (5) (c) 1., r. and recr. (5) (c) 2., am. (6) (a), r. (6) (b) Register July 2017 No. 739, eff. 8-1-17; CR 21-107: am. (6) (c) 1. Register June 2022 No. 798, eff. 7-1-22.

DCF 56.09 DCF 56.09 Care of foster children.

DCF 56.09(1) (1) Principles for nurturing care. The foster parent shall provide nurturing care to each child placed in a foster home. Nurturing care is care that does all of the following:

DCF 56.09(1)(a) (a) Ensures that the child is provided a humane physical and psychological environment.

DCF 56.09(1)(am) (am) Socializes the child into family living and teaches social and community living skills, including accepting tasks and responsibilities.

DCF 56.09(1)(b) (b) Is respectful of the child as a person.

DCF 56.09(1)(bm) (bm) Increases the child’s opportunities to develop decision-making skills and to make informed choices.

DCF 56.09(1)(c) (c) Gives the child room to grow and the maximum of personal and physical freedom appropriate to the child’s age and maturity.

DCF 56.09(1)(cm) (cm) Increases the child’s independence in performing tasks and activities by teaching skills that reduce dependence on caretakers.

DCF 56.09(1)(d) (d) Does not deny a foster child access to confidential family planning and reproductive health services.

DCF 56.09(1)(dm) (dm) Educates the child regarding human sexual development, as appropriate.

DCF 56.09(1)(e) (e) Does not discriminate against the child because of the child’s race or cultural identification, sex, age, sexual orientation, color, creed, ancestry, national origin or disability.

DCF 56.09(1)(em) (em) Promotes cultural understanding and sensitivity in the child and respects the cultural traditions of the child’s family.

DCF 56.09(1)(f) (f) Lets the child participate in community activities of the child’s choice, including sports and activities of school, community, social and religious groups, with this participation restricted only by reasonable curfew hours, cost considerations, a court order or for a reason agreed upon by the foster parent and the licensing and supervising agencies.

DCF 56.09(1)(fm) (fm) Increases the child’s opportunities to interact with diverse community populations.

DCF 56.09(1)(g) (g) Gives the child reasonable opportunity to voluntarily participate or not participate in religious practices, activities, and services of the child’s choice or the choice of the child’s parents. Any discrepancy between the child’s choice and the choice of the child’s parents shall be resolved by the child’s caseworker.

DCF 56.09(1)(gm) (gm) Teaches the child life skills in situations where the skills are used.

DCF 56.09(1)(h) (h) Allows a foster parent to conduct a search without the foster child’s consent if the foster parent believes a search is necessary to prevent harm to the foster child or another person or because the foster child is violating a law. The foster parent shall share the information about the search with the child’s supervising agency caseworker.

DCF 56.09(1)(hm) (hm) Provides daily schedules, routines, environments, and interactions similar to those of other children of the same age and in accordance with the child’s case plan, permanency plan, or treatment plan.

DCF 56.09(1)(i) (i) Lets a child keep and wear the child’s own clothing as appropriate to the season or setting unless the clothing is too small for the child, is prohibited by the child’s case manager, or is otherwise unsuitable for wear.

DCF 56.09 Note Note: An example of clothing unsuitable for wear is clothing infested with lice.

DCF 56.09(1)(j) (j) Permits a child to receive mail, to make and to receive a reasonable number of telephone calls and to visit with family, friends and others unless a visit is contraindicated by the child’s case plan, by a court order or by another controlling document.

DCF 56.09(1)(k) (k) Does not inflict or tolerate infliction of physical or verbal abuse, physical punishment, ill treatment or harsh or humiliating discipline of the child.

DCF 56.09(1)(L) (L) Does not require a child to perform labor that financially benefits the foster parent without the child’s agreement, approval of the child’s parent or guardian and approval of the supervising agency.

DCF 56.09(1)(m) (m) Allows the child access to clothing and written and recorded materials and other items appropriate to the child’s age and comprehension. None of these materials may be permanently withheld from the child without the specific consent of the child’s caseworker. Any withheld material shall be given to the child’s caseworker who shall determine whether the material should be returned to the child or given to the child’s parent or guardian. A foster child’s personal belongings may not be damaged or destroyed.

DCF 56.09 Note Note: The primary intent of par. (m) is to allow a foster child to have clothes, books, recorded music, and similar items that the child enjoys. If a foster parent does not wish to have certain types of materials in the foster home, the foster parent should communicate that in writing to the licensing agency.

DCF 56.09(1)(n) (n) Does not permit a child to be mechanically restrained or locked or confined in any enclosure, room, closet or other part of the house or premises for any reason, except as provided under sub. (5) (i).

DCF 56.09(1)(o) (o) Responds appropriately to disruptive behavior.

DCF 56.09(1g) (1g) Physical restraint.

DCF 56.09(1g)(a) (a) A foster parent may not use any type of physical restraint on a foster child unless the foster child’s behavior presents an imminent danger of harm to self or others and physical restraint is necessary to contain the risk and keep the foster child and others safe.

DCF 56.09(1g)(b) (b) A foster parent shall attempt other feasible alternatives to de-escalate a child and situation before using physical restraint.

DCF 56.09(1g)(c) (c) A foster parent may not use physical restraint as disciplinary action, for the convenience of the foster parent, or for therapeutic purposes.

DCF 56.09(1g)(d) (d) If physical restraint is necessary under par. (a), a foster parent may only use the physical restraint in the following manner:

DCF 56.09(1g)(d)1. 1. With the least amount of force necessary and in the least restrictive manner to manage the imminent danger of harm to self or others.

DCF 56.09(1g)(d)2. 2. That lasts only for the duration of time that there is an imminent danger of harm to self or others.

DCF 56.09(1g)(d)3. 3. That does not include any of the following:

DCF 56.09(1g)(d)3.a. a. Any maneuver or technique that does not give adequate attention and care to protection of the child’s head.

DCF 56.09(1g)(d)3.b. b. Any maneuver that places pressure or weight on the child’s chest, lungs, sternum, diaphragm, back, or abdomen causing chest compression.

DCF 56.09(1g)(d)3.c. c. Any maneuver that places pressure, weight, or leverage on the neck or throat, on any artery, or on the back of the child’s head or neck, or that otherwise obstructs or restricts the circulation of blood or obstructs an airway, such as straddling or sitting on the child’s torso.

DCF 56.09(1g)(d)3.d. d. Any type of choke hold.

DCF 56.09(1g)(d)3.e. e. Any technique that uses pain inducement to obtain compliance or control, including punching, hitting, hyperextension of joints, or extended use of pressure points for pain compliance.

DCF 56.09(1g)(d)3.f. f. Any technique that involves pushing on or into a child’s mouth, nose, or eyes, or covering the child’s face or body with anything, including soft objects, such as pillows, washcloths, blankets, and bedding.

DCF 56.09(1g)(d)4. 4. Notwithstanding subd. 3. f., if a child is biting himself or herself or other persons, a foster parent may use a finger in a vibrating motion to stimulate the child’s upper lip and cause the child’s mouth to open and may lean into the bite with the least amount of force necessary to open the child’s jaw.

DCF 56.09(1g)(e) (e) A foster parent shall report the use of any physical restraint to the licensing agency as soon as possible after the imminent danger has been resolved but no later than 24 hours after the use of any physical restraint. Information shall include a description of the situation that led to the use of restraint, the nature of the restraint that was used, any follow-up actions that were taken, any injuries that may have resulted from use of the restraint, and any additional information required by the licensing agency.

DCF 56.09(1m) (1m) Number of children for whom care may be provided.

DCF 56.09(1m)(a) (a) In general. Care and maintenance may be provided for no more than 4 children in a foster home.

DCF 56.09(1m)(b) (b) Sibling connections. Notwithstanding par. (a), for the purpose of maintaining sibling connections, a licensing agency may grant an exception to allow 7 or fewer foster children in a foster home. A licensing agency shall apply to the department exceptions panel to place 8 or more children in a foster home if necessary to keep siblings together. The licensing agency shall follow the requirements established under s. DCF 56.02 (2) when granting or requesting an exception under this paragraph and shall modify the license to reflect a reduction in the number of foster children in the home if any of the children leave.

DCF 56.09(1m)(c) (c) Parental connection. Notwithstanding par. (a), for the purpose of maintaining a parental connection for a minor parent and minor child who are placed together, a licensing agency may grant an exception to allow 7 or fewer foster children in a foster home. A licensing agency shall apply to the department exceptions panel to place 8 or more children in a foster home if necessary to keep a minor parent and minor child together. The licensing agency shall follow the requirements established under s. DCF 56.02 (2) when granting or requesting an exception under this paragraph and shall modify the license to reflect a reduction in the number of foster children in the home if any of the children leave.

DCF 56.09 Note Note: In order to exceed the limit of 4 children in a foster home, any additional child must be related to one of the initial 4 children placed in the home.

DCF 56.09(1m)(cm) (cm) Placement continuity exception. Notwithstanding par. (a), for the purpose of maintaining previous existing connections, a licensing agency may grant an exception to allow 7 or fewer foster children in a foster home. A licensing agency shall apply to the department exceptions panel to place 8 or more children in a foster home if necessary to allow a child who was previously placed in the foster home and was on a trial reunification or a child who is under a voluntary transition-to-independent living agreement to return to the foster home. The licensing agency shall follow the requirements established under s. DCF 56.02 (2) when granting or requesting an exception under this paragraph and shall modify the license to reflect a reduction in the number of foster children in the home if any of the children leave.

DCF 56.09(1m)(d) (d) Number of children in a foster home with Level 3 to 5 certification. Notwithstanding par. (a), a licensing agency may limit the number of children for whom a foster home with a Level 3 to 5 certification may provide care and maintenance to fewer than 4.

DCF 56.09(1m)(e) (e) More than 2 children in a foster home with a Level 3 to 5 certification. If a licensing agency plans to place or places more than 2 foster children in a foster home with a Level 3 to 5 certification, the licensing agency shall notify any placing agency or supervising agency with a child already placed in the home. The notice shall be in writing and sent to the placing agency or supervising agency prior to placement of the third or fourth child, if possible. If written notice prior to the additional placement is not possible, the licensing agency shall verbally notify any placing agency or supervising agency prior to the placement and subsequently provide written notice.

DCF 56.09(1m)(f) (f) Total number of individuals receiving care. The number of individuals receiving care in a foster home, including the combined total of foster children, minor children of the foster parent, other children, and adults who need care may not exceed the following:

DCF 56.09(1m)(f)1. 1. In a foster home with a Level 1 to 2 certification, 8 persons.

DCF 56.09(1m)(f)2. 2. In a foster home with a Level 3 to 5 certification, 6 persons.

DCF 56.09(1m)(g) (g) Children under 2 years of age. A foster parent may not regularly provide care for more than 2 children under 2 years of age, including the combined total of foster children, minor children of the foster parent, and any other children.

DCF 56.09(2) (2) Supervision of children.

DCF 56.09(2)(a) (a) The licensee may not combine the care of foster children with regular part-time care of other non-related children or adults or conduct business or provide services in the foster home without the written approval of the licensing agency. The licensing agency shall confer with any other certifying or licensing agencies involved with the additional activities before granting approval and may approve a request only if the foster parent presents satisfactory evidence that the additional activities will not interfere with the quality or manner of care provided to foster children. The licensing agency may not allow a foster parent who operates a foster home with a Level 3 to 5 certification to also operate a licensed family child care center under ch. DCF 250 or a certified child care home under ch. DCF 202 in the foster home.

DCF 56.09(2)(b) (b) Both foster parents may not be employed away from the home on a full-time, part-time or seasonal basis without written approval of the licensing agency. When there is only one foster parent, that person may not be employed away from the home without written approval of the licensing agency. Approval by the licensing agency for this employment shall depend on the foster parent or parents presenting satisfactory evidence that there are suitable plans for the care of the children and for responding in emergency situations during the absence of the foster parent or parents from the home.

DCF 56.09(2)(c) (c) A person who provides child care for a foster child for compensation on a regular basis in a location other than the child’s foster home shall be certified under ch. DCF 202 or licensed under ch. DCF 250, 251, or 252.

DCF 56.09(2)(d) (d) A licensee may not leave foster children under 10 years of age without supervision by a responsible care provider.

DCF 56.09(2)(e) (e) A licensee shall ensure that foster children 10 years of age or older receive responsible supervision appropriate to their age, maturity and abilities as might reasonably be provided by a prudent parent to that parent’s own children. An agency may not create supervision policies that interfere with a foster parent’s ability to make reasonable and prudent parenting decisions concerning the child’s participation in age or developmentally appropriate extracurricular, enrichment, cultural, and social activities under s. DCF 56.09 (2m).

DCF 56.09(2)(f) (f) A foster parent shall secure authorization from the supervising agency before taking a foster child out of state for a period longer than 48 hours.

DCF 56.09(2)(g) (g) A foster parent shall secure approval of the supervising agency before making plans for the care of a foster child by any other person in or away from the foster home for any period in excess of 48 hours. Pursuant to specified information in the placement agreement for a foster child, the supervising agency may require a foster parent to secure agency authorization for periods less than 48 hours.

DCF 56.09(2m) (2m) Promoting normalcy.