Wisconsin Legislature: DCF 56.21(3)(k)

DCF 56.21 Respite care for foster parents.

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

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

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

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

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

(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.

(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.

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

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

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.

2. Provide training and support to respite care providers.

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.

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

(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.

(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.

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

(e) Be able to reliably get to and from respite care assignments.

(f) Have the ability to do all of the following:

1. Accept responsibility.

2. Work independently.

3. Exercise good judgment.

4. Maintain confidentiality.

5. Manage the varied medical, behavioral, and other care needs of the foster children for whom the respite care provider will be caring.

(g) Reside in a home that meets the physical, safety, and environmental needs of the foster child for whom care is to be provided if the respite care is to be provided in the respite care provider’s residence.

(h) Authorize the licensing or supervising agency to conduct a criminal records check as described in s. DCF 56.05 (1) (f).

(i) Agree to provide quality, reliable, and temporary care for the child in foster care that is consistent with the child’s treatment, case, or service plan.

(j) Obtain from the foster parent appropriate information about the specific care procedures and interaction strategies relevant for the child’s care.

(k) Agree to perform household and emergency tasks directly related to the general health and well-being of the foster child.

(L) Possess a valid driver’s license and automobile insurance if transporting a foster child.

(m) Agree to abide by s. DCF 56.09 (1g), (2) (d) and (e), and (5).

(n) May not be an employee of the licensing agency or a relative of an employee of the licensing agency if the employee works in the area of the agency that issues foster care licenses.

(4) Eligibility for subsidized respite care.

(a) Level 1 or 2. A licensing agency may establish policies and procedures to fund respite care for a foster parent who operates a foster home with a Level 1 or 2 certification.

(b) Level 3 or 4.

1. A licensing agency shall fund and arrange for a foster parent who operates a foster home with a Level 3 or 4 certification to have 8 to 24 consecutive hours of respite care per month of care provided. Respite care shall be provided in a combination of days to be determined by the foster parent and the licensing agency. The licensing agency may require that any respite care include an overnight stay.

2. Notwithstanding subd. 1., a licensing agency is not required to fund and arrange respite care of a child with a level of need below 3 who is placed in a foster home with a Level 3 or 4 certification.

History: EmR1050: emerg. cr., eff. 1-1-11; CR 10-148: cr. Register August 2011 No. 668, eff. 9-1-11; CR 21-107: am. (3) (b) Register June 2022 No. 798, eff. 7-1-22.

DCF 56.22 Assessment of needs and strengths.

(1) Responsibility for assessment.

(a) A placing agency shall use a standardized assessment tool prescribed by the department to assess the needs and strengths of a child placed or to be placed into a foster home and the needs of the child’s foster parent. A placing agency may subcontract this responsibility.

Note: The assessment tool is available in the forms section of the department’s website at http://dcf.wisconsin.gov.

(b) Notwithstanding par. (a), this section does not apply to a child placed or to be placed into a foster home that is licensed solely for the purpose of adoption of a domestic infant under s. 48.837, Stats., or a foreign child under s. 48.839 or 48.97, Stats.

(2) Qualification to assess. An individual performing the assessment shall be trained and certified in the use of the department’s standardized assessment tool.

(3) Times of assessment.

(a) Assessment within 30 days after placement. A placing agency shall assess each foster child before placement in a foster home or within 30 days after the child’s placement. A placing agency shall assess each foster parent within 30 days after the child’s placement in the foster home.

(b) Reassessment every 6 months. A placing agency shall reassess each foster child and the child’s foster parent within 6 months after the child’s last assessment or reassessment. The placing agency, licensing agency, or foster parent may request a reassessment more frequently.

(4) Standardized assessment tool.

(a) Basics of the tool. The standardized assessment tool shall include a list of items that may have a direct impact on service planning for the child and the child’s foster parent. The list of items included in the standardized assessment tool shall assist with evaluation of all of the following:

1. The child’s functioning, including all of the following:

a. The impact of trauma on the child.

b. Life functioning, including physical, mental, and dental health; relationships with family members; and social skills.

c. Functioning in a child care or school setting.

d. Behavioral and emotional needs.

e. Risk behaviors.

f. Strengths.

g. The effect of the culture of the child and the child’s family on service provision.

2. The foster parent’s functioning in relation to the identified foster child, including all of the following:

a. Supervision.

b. Problem solving.

c. Involvement with care.

d. Knowledge.

e. Empathy with the child.

f. Organization.

g. Social resources.

h. Physical health.

i. Mental health.

j. Substance use.

k. Developmental.

L. Family stress.

m. Cultural congruence.

(b) Gather information. Before administering the standardized assessment tool, the person who will administer the tool shall first do all of the following:

1. Review the child’s case record.

2. Interview or collect information from an individual who has interviewed the child, child’s family, foster parent or other out-of-home care provider, the child’s team or treatment team, and the licensing agency.

3. Review information gathered in collaboration with the child’s team or treatment team and the licensing agency.

Note: See s. DCF 56.17 (1) on treatment team membership.

(c) Rating a child. The person administering the standardized assessment tool shall rate the child on each item in the tool on a 4-point scale relative to what is developmentally appropriate for a child of a similar age, as follows:

1. ‘Needs.’ The following ratings shall apply to items representing needs of a child or the child’s family:

a. A rating of 0 means there is no evidence of the existence of a special need.

b. A rating of 1 means there is a history or concern that a basic special need may exist.

c. A rating of 2 means there is a presence of a moderate special need.

d. A rating of a 3 means there is a presence of an intensive special need.

2. ‘Strengths.’ The following ratings shall apply to items representing strengths of a child or the child’s family:

a. A rating of 0 indicates a centerpiece strength.

b. A rating of 1 indicates a useful strength.

c. A rating of 2 indicates an identified strength.

d. A rating of 3 indicates no strength has been identified.

(d) Rating a foster parent. The person administering the standardized assessment tool shall rate a foster parent’s needs on each item in the tool on a 4-point scale in relation to a specific identified child, as follows: