Wisconsin Legislature: DCF 56.09(2m)(c)4.

(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:

a. Activities related to transportation, such as obtaining a driver’s license, driving, or carpooling with peers and other adults.

b. Formal or informal employment and related activities, such as opening an account in a bank or credit union.

c. Activities related to peer relationships, such as visiting with friends, staying overnight at a friend’s house, or dating.

d. Activities related to personal expression, such as haircuts; hair dying; clothing choices; or sources of entertainment, including games and music.

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:

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.

b. Activities that are suitable based on this child’s cognitive, emotional, physical, and behavioral capacities.

Note: The reasonable and prudent parent standard does not apply to a child receiving respite care services in a foster home.

(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:

1. Child-specific factors, including all of the following:

a. The child’s wishes, as gathered by engaging the child in an age-appropriate discussion about participation in the activity.

b. The age, maturity, and development of the child.

c. Whether participating in the activity is in the best interest of the child.

d. The child’s behavioral history.

e. Court orders and other legal considerations affecting the child, including the prohibitions in par. (d).

f. Cultural, religious, and tribal values of the child and the child’s family.

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.

2. Activity-specific factors, including all of the following:

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.

b. How the activity will help the child grow.

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.

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.

4. Any other concerns regarding the safety of the child, household members, or the community.

5. Information on the forms required under ch. DCF 37.

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.

(d) Prohibitions. A foster parent may not do any of the following:

1. Permit the child to participate in an activity that would violate a court order or any federal or state statute, rule, or regulation.

2. Make a decision that conflicts with the child’s permanency plan or family interaction plan.

3. Consent to the child’s marriage.

4. Authorize the child’s enlistment in the U.S. armed forces.

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.

6. Represent the child in a legal action or make a decision of substantial legal significance.

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.

Note: For example, only a parent or guardian can make decisions about a child’s individualized educational program under s. 115.787, Stats.

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.

(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:

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.

Note: If the child is an Indian child, the placing agency should ask the parent and the family’s tribe about specific tribal values.

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.

(f) Supervising agency. A foster parent shall contact the supervising agency for assistance with the application of the reasonable and prudent parent standard.

(3) Household chores.

(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).

(b) Foster children may not be given responsibility for chores that may cause harm to themselves or others.

(4) Health of foster children.

(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.

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.

(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.

(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.

(d) The foster parent shall ensure that each foster child who needs medical attention receives appropriate and adequate medical services promptly.

(dm) The foster parent shall ensure that each foster child who needs mental health services receives appropriate services promptly.

(e) The foster parent shall ensure that each foster child receives 2 dental examinations and cleanings per year through a HealthCheck program referral.

(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.

(g)

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.

2. Nothing in this paragraph shall be interpreted to interfere with traditional or established spiritual or cultural ceremonies involving the use of tobacco.

(5) Discipline.

(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.

(b) The type of discipline imposed shall be appropriate to the child’s age and understanding.

(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.

(e) A licensee may not permit another adult or child, other than a responsible care provider, to discipline a foster child.

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.

(f) No foster child may be punished by being deprived of meals, mail, or family interaction.

(g) No foster child may be punished or ridiculed for bed-wetting or other lapses in toilet training.

(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.

(i) No foster child may be punished by being restricted to an unlocked room or area of the home except as follows:

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.

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.

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.

(6) Clothing.

(a) The licensee shall ensure that funds allocated for the purchase of clothing for foster children are used in such a manner that children in the licensee’s care are comfortably and appropriately dressed within the limits of the funds. Foster children’s clothing shall be maintained in a state of good repair and cleanliness.

(b) Clothing purchased for a foster child or otherwise provided to a foster child with the understanding that the clothing belongs to the foster child shall be the property of the child and shall be given to the child to take when the child leaves the foster home.

(7) Personal belongings. When a foster child leaves a foster home, the child may take all special equipment or other personal belongings that the child had when placed in the foster home, that were given to the child to keep, that the child received as gifts, or that were purchased on behalf of the child with public funds, unless the items are permanently affixed to the foster home.

(8) Spending money. The foster parent shall give each foster child spending money each week. The amount of spending money given to a foster child shall be appropriate to the child’s age and maturity and in accordance with the child’s case plan established by the supervising agency.

(9) Nutrition.

(a) The foster parent shall ensure that each foster child receives at least 3 meals a day. Meals a child receives as part of a meals program at school may be counted. A school-age foster child who does not participate in a school lunch program shall be provided a sack lunch or be provided lunch at the foster home or shall otherwise have lunch arranged for by or with the approval of the foster parent.

(b) The foster parent shall ensure that each foster child is provided a quantity and variety of foods sufficient to meet the child’s nutritional needs and to maintain the child’s health and growth.

(c) No foster child may be forced to eat against the child’s wishes except by order of and under the supervision of a physician.

(10) Education of foster children.

(a) The foster parent shall make every reasonable effort to ensure that foster children of school age in their care attend school unless otherwise excused by school officials.

(b) The foster parent shall make every reasonable effort to participate, as appropriate, in school activities involving foster children in their care.

(c) The foster parent may not provide a home-based private educational program to foster children in their care. This does not apply to homebound study under s. 118.15 (1), Stats., or as defined in the child’s individualized education program.