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)(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)(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)(a)
(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.
DCF 56.09(2m)(b)
(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:
DCF 56.09(2m)(b)1.
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:
DCF 56.09(2m)(b)1.a.
a. Activities related to transportation, such as obtaining a driver's license, driving, or carpooling with peers and other adults.
DCF 56.09(2m)(b)1.b.
b. Formal or informal employment and related activities, such as opening an account in a bank or credit union.
DCF 56.09(2m)(b)1.c.
c. Activities related to peer relationships, such as visiting with friends, staying overnight at a friend's house, or dating.
DCF 56.09(2m)(b)1.d.
d. Activities related to personal expression, such as haircuts; hair dying; clothing choices; or sources of entertainment, including games and music.
DCF 56.09(2m)(b)2.
2. `Age or developmentally appropriate activities.' The child is participating or wants to participate in activities that are suitable based on any of the following criteria:
DCF 56.09(2m)(b)2.a.
a. Activities that are generally accepted as suitable for children of the same 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 the same age or age group.
DCF 56.09(2m)(b)2.b.
b. Activities that are suitable based on this child's cognitive, emotional, physical, and behavioral capacities.
DCF 56.09 Note
Note: The reasonable and prudent parent standard does not apply to a child receiving respite care services in a foster home.
DCF 56.09(2m)(c)
(c)
Decision-making factors. When applying the reasonable and prudent parent standard to a decision concerning a child's participation in an extracurricular, enrichment, cultural, or social activity, the foster parent shall consider all of the following:
DCF 56.09(2m)(c)1.a.
a. The child's wishes, as gathered by engaging the child in an age-appropriate discussion about participation in the activity.
DCF 56.09(2m)(c)1.e.
e. Court orders and other legal considerations affecting the child, including the prohibitions in par.
(d).
DCF 56.09 Note
Note: If the child and child's family have different cultural, religious, or tribal values, then the placing agency, or the department if the department is the child's guardian, is ultimately responsible for decisions concerning the child's care.
DCF 56.09(2m)(c)2.a.
a. Potential risk factors of the situation, including whether the child has the necessary training and safety equipment to safely participate in the activity under consideration.
DCF 56.09(2m)(c)2.c.
c. Whether participating in the activity will provide an experience that is similar to the experiences of the foster parent's children and other children in the home.
DCF 56.09(2m)(c)3.
3. Other information regarding the parent's or guardian's wishes and values, as obtained from the parent at team or treatment team meetings and through discussions with the child's parent or guardian. A foster parent is not required to consult with the parent or guardian about every decision affecting the child.
DCF 56.09(2m)(c)4.
4. Any other concerns regarding the safety of the child, household members, or the community.
DCF 56.09 Note
Note: The forms required under ch.
DCF 37 are DCF-F-872A-E,
Information for Out-of-Home Care Providers, Part A and
DCF-F-872B-E,
Information for Out-of-Home Care Providers, Part B. Both forms are available in the forms section of the department website at
http://dcf.wisconsin.gov or by writing the Division of Safety and Permanence, P.O. Box 8916, Madison, WI 53708-8916.
DCF 56.09(2m)(d)
(d)
Prohibitions. A foster parent may not do any of the following:
DCF 56.09(2m)(d)1.
1. Permit the child to participate in an activity that would violate a court order or any federal or state statute, rule, or regulation.
DCF 56.09(2m)(d)2.
2. Make a decision that conflicts with the child's permanency plan or family interaction plan.
DCF 56.09(2m)(d)5.
5. Authorize medical, psychiatric, or surgical treatment for the child beyond the terms of the consent for medical services authorized by the child's parent or guardian.
DCF 56.09(2m)(d)6.
6. Represent the child in a legal action or make a decision of substantial legal significance.
DCF 56.09(2m)(d)7.
7. Determine which school the child attends or make a decision for the child regarding an educational right or requirement that is provided in federal or state law.
DCF 56.09 Note
Note: For example, only a parent or guardian can make decisions about a child's individualized educational program under s.
115.787, Stats.
DCF 56.09(2m)(d)8.
8. Require or prohibit a child's participation in an age or developmentally appropriate extracurricular, enrichment, cultural, or social activity solely for the foster parent's own convenience or based solely on the foster parent's own values.
DCF 56.09(2m)(e)
(e)
Placing agency responsibilities. When preparing the child-specific information to provide to the foster parent on the forms required under ch.
DCF 37, the placing agency shall do all the following if reasonable and appropriate:
DCF 56.09(2m)(e)1.
1. Consult with the child's parent or guardian and the child about the child's participation in extracurricular, enrichment, cultural, and social activities and the family's religious, cultural, and tribal beliefs and values.
DCF 56.09 Note
Note: If the child is an Indian child, the placing agency should ask the parent and the family's tribe about specific tribal values.
DCF 56.09(2m)(e)2.
2. Explain to the parent or guardian that the parent's values will be considered, but will not necessarily be the determining factor when decisions concerning the child's participation in activities are made.
DCF 56.09(2m)(f)
(f)
Supervising agency. A foster parent shall contact the supervising agency for assistance with the application of the reasonable and prudent parent standard.
DCF 56.09(3)(a)
(a) A foster parent may require a foster child to share in household chores appropriate to the child's age, degree of maturity, mental capability, health, and physical ability. These duties shall not interfere with a child's school attendance, family visits, sleep, studies, or religious practice and may not violate the humane and nurturing care described in sub.
(1).
DCF 56.09(3)(b)
(b) Foster children may not be given responsibility for chores that may cause harm to themselves or others.
DCF 56.09(4)(a)
(a) Within 30 days after the date that the child is placed in foster care, the foster parent shall arrange for medical and dental examinations of the child in accordance with the schedule of the HealthCheck program. An appropriate reproductive health needs and confidential family planning assessment shall be a part of the medical examination as included in the HealthCheck program.
DCF 56.09 Note
Note: If the foster parent does not receive an authorization to provide medical care form signed by a parent or guardian, the foster parent may not be able to obtain the required medical services for the child. Without the consent of the parent or guardian, it becomes the responsibility of the placing agency to ensure that the HealthCheck physical for the child is completed.
DCF 56.09(4)(b)
(b) All foster children shall receive medical and dental care under the HealthCheck program unless they have private insurance that covers services required in this chapter. The HealthCheck program shall supplement any required services not covered by private insurance. A foster child's case record shall contain medical records utilizing the HealthCheck program forms.
DCF 56.09(4)(c)
(c) The foster parent shall notify the supervising agency as soon as possible if a foster child has any serious illness or any injury that requires medical treatment.
DCF 56.09(4)(d)
(d) The foster parent shall ensure that each foster child who needs medical attention receives appropriate and adequate medical services promptly.
DCF 56.09(4)(dm)
(dm) The foster parent shall ensure that each foster child who needs mental health services receives appropriate services promptly.
DCF 56.09(4)(e)
(e) The foster parent shall ensure that each foster child receives 2 dental examinations and cleanings per year through a HealthCheck program referral.
DCF 56.09(4)(f)
(f) No foster parent may purchase tobacco products for a child or employ the child's use of tobacco products as part of a treatment or behavior modification program.
DCF 56.09(4)(g)1.1. A foster parent may not smoke or allow another person to smoke in a foster home or in a vehicle when a foster child is present.
DCF 56.09(4)(g)2.
2. Nothing in this paragraph shall be interpreted to interfere with traditional or established spiritual or cultural ceremonies involving the use of tobacco.
DCF 56.09(5)(a)
(a) Disciplinary action by a foster parent or any other person serving as a substitute caretaker in the absence of the foster parent shall be aimed at encouraging the foster child to understand what is appropriate social behavior.
DCF 56.09(5)(b)
(b) The type of discipline imposed shall be appropriate to the child's age and understanding.
DCF 56.09(5)(d)
(d) A licensee may not subject any foster child to verbal abuse, profanity, derogatory remarks about the child or the child's family or to threats to expel the child from the home.
DCF 56.09(5)(e)
(e) A licensee may not permit another adult or child, other than a responsible care provider, to discipline a foster child.
DCF 56.09 Note
Note: If the licensee leaves the foster child in the care of another person, such as a babysitter, that other person is responsible for providing the discipline in accordance with this chapter and any licensing agency policies.
DCF 56.09(5)(f)
(f) No foster child may be punished by being deprived of meals, mail, or family interaction.
DCF 56.09(5)(g)
(g) No foster child may be punished or ridiculed for bed-wetting or other lapses in toilet training.
DCF 56.09(5)(h)
(h) No foster child may be mechanically restrained or locked in any enclosure, room, closet or other part of the house or elsewhere on the premises for any reason.
DCF 56.09(5)(i)
(i) No foster child may be punished by being restricted to an unlocked room or area of
the home except as follows:
DCF 56.09(5)(i)1.
1. A foster child under 6 years of age may be restricted to an unlocked living area of the home for not longer than 10 minutes for any episode of misbehavior. The foster child shall be within hearing of a responsible caretaker and shall be permitted use of the toilet if necessary.
DCF 56.09(5)(i)2.
2. A foster child 6 to 10 years of age may be restricted to an unlocked living area of the home for not longer than 30 minutes for any episode of misbehavior. The foster child shall be within hearing of a responsible caretaker and shall be permitted use of the toilet if necessary.
DCF 56.09(5)(i)3.
3. A foster child over 10 years of age may be restricted to an unlocked living area of the home for up to 60 minutes for any episode of misbehavior. The foster child shall be within hearing of a responsible caretaker and shall be permitted use of the toilet if necessary.
