Wisconsin Legislature: DCF 56.09(1)(cm)

(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:

(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.

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

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

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

(11) Safety of infants and children with disabilities.

(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.

(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:

1. Supplemental electrical service to the home.

2. Electrical back-up systems that will provide a reliable level of power in the event of an electrical system failure.

3. Adequate mechanisms for the safe and legal storage and disposal of medical supplies.

4. Minimum and maximum standards for heating and cooling temperatures within the home.

5. Structural or cosmetic changes to allow the child access into and throughout the home.

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.

7. Mechanisms for measuring and achieving established air purity standards in the home.

8. Other modifications to accommodate needs identified by the child’s team or treatment team.

(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.

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

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.

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

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 Care of foster children.

(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:

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

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

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

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

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

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

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

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

(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.

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

(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.

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

(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.

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

(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.

(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.

(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.

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

(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.

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

(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.

(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.

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.

(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).

(o) Responds appropriately to disruptive behavior.

(1g) Physical restraint.

(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.

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

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

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

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.

2. That lasts only for the duration of time that there is an imminent danger of harm to self or others.

3. That does not include any of the following:

a. Any maneuver or technique that does not give adequate attention and care to protection of the child’s head.

b. Any maneuver that places pressure or weight on the child’s chest, lungs, sternum, diaphragm, back, or abdomen causing chest compression.

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.

d. Any type of choke hold.

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.

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.

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.

(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.

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

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

(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.

(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.

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.

(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.

(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.

(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.

(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:

1. In a foster home with a Level 1 to 2 certification, 8 persons.

2. In a foster home with a Level 3 to 5 certification, 6 persons.

(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.

(2) Supervision of children.

(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.

(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.

(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.

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

(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).

(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.

(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.

(2m) Promoting normalcy.

(a) Family-like environment. A foster parent shall promote normalcy and the healthy development of a child placed in the foster home with a family-like environment that supports the child’s right to participate in extracurricular, enrichment, cultural, and social activities and have experiences that are similar to those of the child’s peers.

(b) Reasonable and prudent parent standard. When a foster parent is making a decision concerning participation in an activity by a child placed in the foster home, the foster parent shall use a decision-making standard that is characterized by careful and sensible parental decisions that maintain the health, safety, best interests, and cultural, religious, and tribal values of a child while at the same time encouraging the emotional and developmental growth of the child, if the activity meets the conditions in subd. 1. and 2., as follows:

1. ‘Areas covered by the standard.’ The child is participating or wants to participate in extracurricular, enrichment, cultural, or social activities, including all of the following: