Chapter DCF 56

DCF 56.17(1) (1) Membership.

DCF 56.17(1)(a) (a) A child with a level of need of 3 or higher who is placed in a foster home with a Level 3 to 5 certification shall have a treatment team that consists of the child, the child’s parent or legal guardian, the foster parent, and at least one representative each from the supervising and placing agencies. At least one member of the team shall have clinical training in a field related to the primary needs of the child. In addition, the treatment team may include other social workers, caseworkers, clinical consultants, physicians, nurses, psychologists, therapists, school personnel, home health agency staff, or other significant individuals in the child’s life.

DCF 56.17(1)(b) (b) A parent or child may be excluded from the treatment team by the child’s supervising agency caseworker only when their inclusion would be inappropriate due to age, condition, or unwillingness to cooperate. Any justification for exclusion shall be documented in the child’s case record and anyone excluded shall be informed of the reason for the decision, as appropriate.

DCF 56.17(2) (2) Responsibilities. The treatment team for a foster child shall do all of the following:

DCF 56.17(2)(a) (a) Using specialists when necessary, arrange for additional appropriate assessments based on the needs and strengths of the child, child’s family, and foster parent as identified in the assessment under s. DCF 56.22. If the child may have a serious emotional disturbance, arrange for a bio-psycho-social assessment that includes all of the following:

DCF 56.17(2)(a)1. 1. An assessment of the child’s disability.

DCF 56.17(2)(a)2. 2. Measurement of the behavioral and cognitive correlates of the disability.

DCF 56.17(2)(a)3. 3. An assessment of how psycho-social and environmental factors influence how the child copes with the disability.

DCF 56.17(2)(a)4. 4. A review of biological factors that affect the disability.

DCF 56.17(2)(a)5. 5. Identification of possible treatments for the disability.

DCF 56.17(2)(b) (b) Develop the child’s written treatment plan within 30 days after the child’s placement in a foster home. The treatment plan shall do all of the following:

DCF 56.17(2)(b)1. 1. Specify the treatment and services to be provided to the child and the child’s family.

DCF 56.17(2)(b)2. 2. Identify who is responsible for providing each treatment and service.

DCF 56.17(2)(b)3. 3. Establish measurable goals and objectives for the placement in all areas of the child’s life, including all of the following:

DCF 56.17(2)(b)3.a. a. Supervision and safety.

DCF 56.17(2)(b)3.b. b. Health, emotional, and behavioral stability.

DCF 56.17(2)(b)3.c. c. Daily living and community integration.

DCF 56.17(2)(b)3.d. d. Education.

DCF 56.17(2)(b)3.e. e. Communication skills.

DCF 56.17(2)(b)3.f. f. Legal status, including permanency planning issues.

DCF 56.17(2)(b)3.g. g. Regular, ongoing opportunities to engage in age or developmentally appropriate extracurricular, enrichment, cultural, and social activities under s. DCF 56.09 (2m).

DCF 56.17(2)(b)4. 4. If a child is 15 years of age or over, include a description of the programs and services that are or will be provided to assist the child in preparing for the transition from out-of-home care to independent living as required under s. 48.38 (4) (h) or 938.38 (4) (h), Stats.

DCF 56.17(2)(c) (c) Establish an appropriate level of nursing, other medical care, and other types of care for the child based upon the child’s needs and the abilities of the foster parent.

DCF 56.17(2)(d) (d) Determine the need for and arrange appropriate and qualified psychiatric and psychological services for the child.

DCF 56.17(2)(e) (e) Provide copies of the treatment plan to all treatment team members, including the child if the child is more than 12 years old, as allowed by law.

DCF 56.17(2)(f) (f) Implement and support the treatment plan, including ensuring that all available resources and treatments are known or explored and developing new resources if appropriate.

DCF 56.17(2)(g) (g) Meet to formally review the treatment plan, share information, exchange ideas and opinions, and discuss issues at least every 3 months from the date of distribution of the treatment plan. The supervising agency caseworker shall determine if more frequent treatment team meetings are necessary. Other treatment team members may request a meeting.

DCF 56.17(2)(h) (h) Share knowledge regarding the child and the treatment plan with other treatment team members as allowed by law and encourage support for the treatment plan.

DCF 56.17(2)(i) (i) Ensure that family counseling is provided to the child’s family and the foster family as needed.

DCF 56.17(2)(j) (j) Ensure that 24-hour per day, 7-day per week crisis intervention is provided for the foster child and the foster parent as needed.

DCF 56.17(2)(k) (k) Monitor and evaluate the progress of the treatment plan and the continued appropriateness and effectiveness of the provided services and supports and placement of the child on an ongoing basis.

DCF 56.17(2)(L) (L) Make treatment plan revisions and adjustments as necessary. Ensure revisions and adjustments to the treatment plan are in writing and are based on all of the following:

DCF 56.17(2)(L)1. 1. Observations from the supervising agency caseworker’s direct contact with the child.

DCF 56.17(2)(L)2. 2. Discussions that include the child, child’s parent, guardian at litem, service providers, and collateral contacts.

DCF 56.17(2)(L)3. 3. Other relevant data or information.

DCF 56.17(2)(m) (m) Design and implement new treatment strategies as needed.

DCF 56.17(2)(n) (n) Consult with the foster parent or supervising agency caseworker about events in the foster home if requested.

DCF 56.17(2)(o) (o) Arrange for interaction between the child and the child’s family as provided in the child’s permanency plan or treatment plan.

DCF 56.17(2)(p) (p) Resolve any disagreements between the foster parent and the supervising agency. Efforts by the treatment team to resolve disagreements may not replace any internal grievance procedures established by the supervising agency or the foster parent’s fair hearing rights under s. 48.64 (4) (a), Stats.

DCF 56.17(2)(q) (q) Develop an aftercare plan for a child that ensures continuity in managing a child’s needs after the child’s placement ends.

DCF 56.17 History History: EmR1050: emerg. cr., eff. 1-1-11; CR 10-148: cr. Register August 2011 No. 668, eff. 9-1-11; EmR1633: emerg. cr. (2) (b) 3. g., eff. 11-18-16; CR 16-051: cr. (2) (b) 3. g. Register July 2017 No. 739, eff. 8-1-17.

DCF 56.18 DCF 56.18 Agency contact with foster parent.

DCF 56.18(1) (1) Contact requirements.

DCF 56.18(1)(a) (a) Level of care 1 or 2. A licensing agency, supervising agency, or placing agency shall have at least one contact per month with a foster parent who operates a foster home with a Level 1 or 2 certification if a child is placed in the foster home. The contact may be in person, by phone, or by an interactive electronic format.

DCF 56.18(1)(b) (b) Level of care 3 to 5.

DCF 56.18(1)(b)1. 1. A licensing agency, supervising agency, or placing agency shall have at least 2 in-person contacts per month with a foster parent who operates a foster home with a Level 3 to 5 certification if a child is placed in the foster home. At least one of these contacts shall be in the foster home.

DCF 56.18(1)(b)2. 2. Notwithstanding subd. 1., if a child with a level of need below 3 is placed in a foster home with a Level 3 or 4 certification, the licensing agency, placing agency, or supervising agency shall have at least one in-person contact per month with the foster parent each full calendar month that the child is in the foster home.

DCF 56.18(1)(b)3. 3. If a foster home with a Level 3 to 5 certification has not had placement of a child for 3 or more months and the licensing agency, supervising agency, or placing agency has not seen the foster parent in the foster home during that time, the licensing agency, supervising agency, or placing agency shall have an in-person contact with the foster parent in the foster home before a child is placed in the foster home or within 24 hours of the child’s placement in the foster home.

DCF 56.18(1)(c) (c) Multiple foster parents. If there is more than one foster parent on the license to operate the foster home, the agency may have contact with only one of the foster parents.

DCF 56.18(2) (2) Multiple agencies. If the licensing agency, supervising agency, and the placing agency under sub. (1) are different agencies, those agencies shall determine a contact plan.

DCF 56.18(3) (3) Purposes of contact. The agency contact with the foster parent shall focus on the safety, permanence, and well-being of the child to evaluate the compatibility of the child with the foster parent and other household members and the ability of the foster parent to meet the needs of the child in a safe manner. The contacts shall include discussion of any additional support needed by the foster parent to safely maintain any child in foster care living in the foster home.

DCF 56.18 History History: EmR1050: emerg. cr., eff. 1-1-11; CR 10-148: cr. Register August 2011 No. 668, eff. 9-1-11.

DCF 56.19 DCF 56.19 Agency contact with foster child.

DCF 56.19(1) (1) Contact requirements.

DCF 56.19(1)(a) (a) Level of care 1 or 2. A licensing agency, placing agency, or supervising agency shall have at least one in-person contact with a child each full calendar month that the child is placed in a foster home with a Level 1 or 2 certification.

DCF 56.19(1)(b) (b) Level of care 3 or 4.

DCF 56.19(1)(b)1. 1. A licensing agency, placing agency, supervisory agency shall have an in-person contact with a child placed in a foster home with a Level 3 or 4 certification at least every other week. At least one contact per month shall be in the child’s foster home.

DCF 56.19(1)(b)2. 2. Notwithstanding subd. 1., if a child with a level of need below 3 is placed in a foster home with a Level 3 or 4 certification, the licensing agency, placing agency, or supervising agency shall have at least one in-person contact with the child each full calendar month that the child is in the foster home.

DCF 56.19(1)(c) (c) Level of care 5.

DCF 56.19(1)(c)1. 1. A licensing agency, placing agency, supervisory agency representative other than a program manager shall have an in-person contact with a child at least every other week that the child is placed in a Level 5 foster home.

DCF 56.19(1)(c)2. 2. A program manager shall have an in-person contact with a child who is placed in a Level 5 foster home at least every week that the child is placed in the foster home.

DCF 56.19(2) (2) Multiple agencies. If the licensing agency, placing agency, and supervisory agency under sub. (1) are different agencies, those agencies shall determine a contact plan.

DCF 56.19(3) (3) In foster home. More than 50 percent of the agency in-person contacts with a child between October 1 of one year and September 30 of the following year shall be in the child’s foster home.

DCF 56.19(4) (4) Combine with foster parent contact. One agency contact with a child per month may be combined with an agency contact with a foster parent under s. DCF 56.18.

DCF 56.19(5) (5) Purpose of contact. An agency contact with a child shall do all of the following:

DCF 56.19(5)(a) (a) Focus on the safety, permanence, and well-being of the child.

DCF 56.19(5)(b) (b) Be of sufficient duration and substance to address the goals of the child’s case plan; permanency plan; or treatment plan, if applicable.

DCF 56.19(5)(c) (c) Provide an opportunity for the child to speak privately with the agency representative.

DCF 56.19 History History: EmR1050: emerg. cr., eff. 1-1-11; CR 10-148: cr. Register August 2011 No. 668, eff. 9-1-11.

DCF 56.20 DCF 56.20 Evaluation of Level 3 to 5. At least annually, a foster parent who operates a foster home with a Level 3 to 5 certification and the licensing, placing, and supervising agencies shall develop written evaluations of the care and supervision provided to a child and the overall performance of all individuals involved in the child’s care. The evaluations shall be used to improve the quality of the child’s care and the foster care program. Copies of any evaluations shall be maintained at the licensing agency and at the foster home.

DCF 56.20 History History: EmR1050: emerg. cr., eff. 1-1-11; CR 10-148: cr. Register August 2011 No. 668, eff. 9-1-11.

DCF 56.21 DCF 56.21 Respite care for foster parents.

DCF 56.21(1) (1) Applicability. This section applies to care provided in either of the following circumstances:

DCF 56.21(1)(a) (a) Services or emergency care provided to a foster child during a planned absence of the foster parent for more than 48 hours.

DCF 56.21(1)(b) (b) Care for a foster child during the foster parent’s absence that is paid for by a licensing, supervising, or placing agency.

DCF 56.21(2) (2) Licensing agency responsibilities. A licensing agency shall do all of the following:

DCF 56.21(2)(a) (a) Develop policies and procedures to govern the agency’s respite care program.

DCF 56.21(2)(b) (b) Inform a foster parent of the process to be used to fund respite care prior to the first placement of a child in a foster home.

DCF 56.21(2)(c) (c) Assist and intervene when issues arise between a foster parent and the respite care provider if the parties are not able to resolve those issues.

DCF 56.21(2)(d) (d) Keep documentation of a respite care provider’s qualifications in the foster parent’s file at the licensing agency.

DCF 56.21(2)(e) (e) For respite care in foster homes with a Level 3 or 4 certification, the licensing agency shall do all of the following:

DCF 56.21(2)(e)1. 1. Develop, in consultation with foster parents, a pool of respite care providers that will be used when respite care is provided. If the respite care is to be provided in a foster home, the foster parent may approve the use of a particular respite care provider.

DCF 56.21(2)(e)2. 2. Provide training and support to respite care providers.

DCF 56.21(2)(e)3. 3. Consult with a foster parent and the child’s social worker or supervising agency caseworker to develop a respite care schedule for a specific child and provide the schedule to the respite care providers.

DCF 56.21(3) (3) Respite care provider qualifications. A respite care provider shall have the following qualifications:

DCF 56.21(3)(a) (a) Be at least 18 years of age and at least 5 years older than any foster child being cared for by the respite provider, except if the respite care provider is a relative of the child, be at least 3 years older than the child.

DCF 56.21(3)(b) (b) Have direct care experience or training in working with children with conditions similar to those of the foster child for whom the respite care provider will be caring.

DCF 56.21(3)(c) (c) Be physically able to provide the care needed.

DCF 56.21(3)(d) (d) Be flexible and willing to work varied, atypical hours.