Chapter DCF 56

DCF 56.03 Note Note: A HealthCheck includes head-to-toe physical examination, immunizations, laboratory tests, eye exam, growth and development check, hearing check, mouth exam, nutrition check, health information, special teen-age health education and teen pregnancy services.

DCF 56.03(19) (19) “Home-based private educational program” means a program of educational instruction provided to a child by the child’s parent or guardian or by a person designated by the parent or guardian. An instruction program provided to more than one family unit does not constitute a home-based private educational program.

DCF 56.03(20) (20) “Household member” means any person living in a foster home, whether or not related to the licensee.

DCF 56.03(21) (21) “Legal custodian” means the person or agency to whom a court has transferred a child’s legal custody and who thereby has the right and duty to protect, train and discipline the child and to provide for the child’s care and needs. “Legal custody” has the meaning prescribed in s. 48.02 (12), Stats.

DCF 56.03(21g) (21g) “Level of care” means the intensity of services that is best able to meet the needs of a child who has been assessed with a corresponding level of need.

DCF 56.03(21r) (21r) “Level of need” means a rating of a child that is used to inform decision making on placement and service provision. The level of need is derived from an algorithm that is based on an assessment of a child’s functioning.

DCF 56.03(22) (22) “Licensed private child-placing agency” means an agency licensed by the department under s. 48.60, Stats., and ch. DCF 54 to license a person to operate a foster home and to place children in foster homes and other out-of-home care facilities.

DCF 56.03(23) (23) “Licensee” means the foster parent or foster parents in whose name or names a foster home is licensed under this chapter.

DCF 56.03(24) (24) “Licensing agency” means the department, a county agency, or a licensed private child-placing agency that may issue a license to operate a foster home under this chapter.

DCF 56.03(25) (25) “Living area” means the rooms of the foster home used by household members for sleeping, preparing and eating meals, bathing, toileting and indoor leisure time activities.

DCF 56.03(26) (26) “Mechanical restraint” means any physical apparatus that interferes with the free movement of a person’s limbs and body.

DCF 56.03(27) (27) “Motor vehicle” means a private automobile, motorcycle, van, bus or truck.

DCF 56.03(27m) (27m) “Nonclient resident” has the same meaning as in s. DCF 12.02 (18).

DCF 56.03(27r) (27r) “Normalcy” means the child’s ability to easily engage in healthy and age or developmentally appropriate activities that promote well-being, such as participation in social, scholastic, and enrichment activities.

DCF 56.03(28) (28) “Nurse practitioner” means a registered nurse licensed under ch. 441, Stats., who is currently certified as a nurse practitioner by a national certifying body that is recognized by the Wisconsin board of nursing.

DCF 56.03(29) (29) “Out-of-home care” means care in a foster home, a group home under s. 48.625, Stats., or a residential care center for children and youth under s. 48.60, Stats.

DCF 56.03(30) (30) “Permanency plan” means a plan required under s. 48.38 (2), Stats., that is designed to ensure that a child placed in out-of-home care is safely reunified with the child’s family whenever appropriate, or that the child quickly attains a safe placement or home providing long-term stability.

DCF 56.03(31) (31) “Physical punishment” means inflicting any kind of physical pain or discomfort on a child by means that include but are not limited to hitting, slapping, spanking, punching, shaking, kicking, biting or washing out a child’s mouth with soap.

DCF 56.03(32) (32) “Physician” means a person licensed to practice medicine or osteopathy under ch. 448, Stats.

DCF 56.03(33) (33) “Physician assistant” means a person certified under ch. 448, Stats., to perform patient services under the supervision and direction of a physician.

DCF 56.03(33m) (33m) “Placing agency” means a licensed private child-placing agency; county department with powers and duties under ss. 48.57 and 938.57, Stats.; the department; the Wisconsin department of corrections; or a licensed child welfare agency from another state authorized to place children in foster homes.

DCF 56.03(34) (34) “Premises” means the foster home and the tract of land on which it is situated, including all other buildings and structures on that land.

DCF 56.03(34d) (34d) “Program manager” means the foster parent and licensee of a Level 5 foster home.

DCF 56.03(34h) (34h) “Program staff” means staff in a Level 5 foster home who are responsible for daily supervision of the children and direct care to the children to ensure their safety and well-being.

DCF 56.03(34m) (34m) “Reasonable and prudent parent standard” means a standard for use in making decisions regarding a child’s participation in age or developmentally appropriate extracurricular, enrichment, cultural, and social activities that is characterized by careful and sensible parental decisions that maintain the health, safety, best interests, and cultural, religious, and tribal values of the child while at the same time encouraging the emotional and developmental growth of the child.

DCF 56.03(34p) (34p) “Residential care center for children and youth” means a residential facility licensed as a child welfare agency under s. 48.60, Stats., and ch. DCF 52 that provides treatment and custodial services for children under 21 years of age.

DCF 56.03(34t) (34t) “Respite care” means the services or emergency care provided to a foster child during a planned absence of the foster parent for more than 48 hours or when the licensing, supervising, or placing agency pays for the service or care.

DCF 56.03(35) (35) “Responsible care provider” means a person the foster parent believes has the ability and maturity to care for a foster child for the time that the foster child will be in that person’s care.

DCF 56.03(35m) (35m) “Severe emotional disturbance” means an emotional disability that has persisted for at least 6 months and is expected to persist for a year or longer. A severely emotionally disturbed child may experience psychotic symptoms, be a suicide risk, or may cause personal injury or significant property damage or will have functional impairment in at least 2 areas, including self-care, community participation, social relationships, family relationships, and school. A severely emotionally disturbed child will be receiving services from 2 or more social services agencies. The emotional disturbance must meet one of the AXIS I diagnostic classifications of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association.

DCF 56.03(36) (36) “Supervising agency” means the agency responsible for overseeing the care and maintenance of a child placed in out-of-home care, which may be a county agency, the department, or a licensed private child-placing agency.

DCF 56.03(37) (37) “Team” means the group appointed by the placing and supervising agencies to assess a child, develop and implement the case and permanency plans, and evaluate the child’s progress for a child with a level of need of 1 to 2 who is placed in a foster home.

DCF 56.03(37e) (37e) “Treatment” means the combination of therapies, services, and care designed to assist a child in achieving established measurable and behavioral goals and objectives based upon the information gathered through the assessment process.

DCF 56.03(37m) (37m) “Treatment plan” means the comprehensive services plan developed by the treatment team for a child with a level of need of 3 to 5 who is placed in a foster home with a Level 3 to 5 certification.

DCF 56.03(37s) (37s) “Treatment team” means the group appointed by the placing and supervising agencies to assess a child, develop and implement the treatment plan, and evaluate the child’s progress for a child with a level of need of 3 to 5 who is placed in a foster home with a Level 3 to 5 certification.

DCF 56.03(38) (38) “Voluntary placement agreement” means a written contract between a county agency, the department, or a licensed child welfare agency, and the child’s parent or guardian and the child, if the child is 12 years of age or older, for the placement of the child in a licensed foster home under s. 48.63 (1), Stats.

DCF 56.03(39) (39) “Voluntary transition-to-independent-living agreement” means a voluntary agreement under s. 48.366 (3) or 938.366 (3), Stats.

DCF 56.03 History History: CR 00-020: cr. Register February 2002 No. 554, eff. 3-1-02; corrections in (9), (10), (24) and (37) made under s. 13.92 (4) (b) 6. and 7., Stats., Register November 2008 No. 635; EmR0937: emerg. r. and recr. (3), eff. 1-1-10; CR 10-021: r. and recr. (3) Register September 2010 No. 657, eff. 10-1-10; EmR1050: emerg. renum. (1) to be (1r), cr. (1), (1g), (6m), (10m), (11m), (15m), (21g), (21r), (33m), (34d), (34h), (34p), (34t), (35m), (37e), (37m), (37s), am. (3) (a), (14), (15), (22), (24), (29), (36), (38), r. and recr. (37), eff. 1-1-11; CR 10-148: renum. (1) to be (1r), cr. (1), (1g), (6m), (10m), (11m), (15m), (21g), (21r), (33m), (34d), (34h), (34p), (34t), (35m), (37e), (37m), (37s), am. (3) (a), (14), (15), (22), (24), (29), (36), (38), r. and recr. (37) Register August 2011 No. 668, eff. 9-1-11; corrections in (2), (11) made under s. 13.92 (4) (b) 7., Stats., Register February 2012 No. 674; EmR1414: emerg. r. and recr. (5), am. (12), (13), (34p), (38), cr. (39), eff. 8-1-14; CR 14-054: r. and recr. (5), am. (12), (13), (34p), (38), cr. (39) Register April 2015 No. 712, eff. 5-1-15; CR 16-014: cr. (11s), (27m) Register June 2016 No. 726, eff. 7-1-16; EmR1633: emerg. cr. (1d), (11r), am. (17), cr. (27r), (34m), eff. 11-18-16; CR 16-051: (1d), (11r), am. (17), cr. (27r), (34m) Register July 2017 No. 739, eff. 8-1-17; CR 21-107: am. (11s) (b), (15), (27r), (30) Register June 2022 No. 798, eff. 7-1-22.

DCF 56.04 DCF 56.04 Applying for a license.

DCF 56.04(1) (1) Who must apply.

DCF 56.04(1)(a) (a) Any person proposing to provide foster care for children shall apply to a licensing agency for a foster home license.

DCF 56.04(1)(b) (b) Application for a foster home license shall be made on a form provided by the licensing agency.

DCF 56.04(2) (2) License prohibition. No licensing agency may issue a license to operate a foster home to an employee of the agency or to the relative of an employee of the agency if the employee works in the area of the agency that issues foster care licenses. This subsection does not apply to a foster parent who receives a payment under s. 48.64 (4), Stats., or to a volunteer for the agency.

DCF 56.04 Note Note: The intent of this requirement is to prevent possible conflicts of interest with respect to the terms of the rate paid to the foster parent, the situation that may result if an allegation of abuse or neglect is made against the foster parent, etc. The agency should consider such situations in granting a license to an employee of the agency.

DCF 56.04(3) (3) Reapplication following denial or revocation. No applicant or former licensee who, for a substantive reason, such as inappropriate discipline practices, inadequate mental health functioning or current abuse of alcohol or drugs, was denied a license or whose license was revoked may reapply for a license to any licensing agency within a period of 2 years following the effective date of license denial or revocation.

DCF 56.04(4) (4) Documents required prior to licensing.

DCF 56.04(4)(a) (a) Initial license. Before an applicant for an initial license may be issued a license, the applicant shall submit the following to the licensing agency:

DCF 56.04(4)(a)1. 1. An application form completed and signed by the applicant. Married persons living together shall both sign the application. Any household member who will act in the role of foster parent shall sign the application.

DCF 56.04(4)(a)2. 2. Verification of homeowner’s or renter’s insurance coverage required under s. DCF 56.05 (4) or a request for a waiver under s. DCF 56.05 (5), and verification of vehicle liability insurance required under s. DCF 56.05 (3) if the applicant plans to transport foster children in the applicant’s own vehicle. Verification means that the licensing agency representative has personally seen the appropriate documentation. A licensing agency need not retain a copy of the documentation in its files.

DCF 56.04 Note Note: Motor vehicle liability insurance is required under s. 344.62, Stats.

DCF 56.04(4)(a)3. 3. A written statement from a physician, physician assistant, or nurse practitioner that indicates any physical or mental conditions of the applicant or any household members that would affect the ability of the family to provide care for a foster child or threaten the health or safety of a foster child. The statement shall be based upon a medical examination performed within the previous 6 months, except as provided in subd. 4.

DCF 56.04(4)(a)4. 4. If a member of the household of an applicant who is a relative of a foster child is not covered by health insurance or a medical examination would be a significant financial burden to the household member, the licensing agency may grant an exception to the requirement in subd. 3. If the licensing agency grants this exception, the household member shall submit a personally signed statement that indicates any physical or mental conditions the household member has that would affect the ability of the family to provide care for a foster child or threaten the health or safety of a foster child.

DCF 56.04(4)(a)5. 5. Documentation of fire safety inspection of the foster home, if required by the licensing agency.

DCF 56.04(4)(a)5m. 5m. A drawing of the layout of the foster home.

DCF 56.04(4)(a)6. 6. A private water supply test report for the foster home, if required by the licensing agency.

DCF 56.04(4)(a)7. 7. The employment history of the applicant. The history shall indicate the length of time the applicant was employed by each employer. The employment history shall document all employment for the 5-year period prior to submission of the application for a foster home license, unless the licensing agency has reasonable cause to request employment history for more than 5 years.

DCF 56.04(4)(a)8. 8. Notification of any previous licensure as a foster parent or any other type of caregiver for children, the name of the licensing agency and the period during which the license was held.

DCF 56.04(4)(a)9. 9. A signed statement indicating that the applicant has received the following information provided by the agency:

DCF 56.04(4)(a)9.a. a. A brochure that explains the foster care reimbursement and rate structure, including the clothing allowance.

DCF 56.04(4)(a)9.b. b. A brochure that explains the foster parent insurance program and information regarding how to file a claim with that program.

DCF 56.04(4)(a)9.c. c. Notice that the licensing agency may contact the Wisconsin department of justice and any similar agency in another jurisdiction, any federal or local law enforcement agency, any social services agency, or any other public or private agency to determine if there is any reason specified under s. 48.685, Stats., ch. DCF 12, s. DCF 56.05 (1) (a) 3., or any other part of this chapter for the applicant to not be granted a license.

DCF 56.04(4)(a)10. 10. Other documentation or authorizations required by the licensing agency for its review of the application.

DCF 56.04(4)(b) (b) License renewal. An applicant for renewal of a license shall submit all of the following to the licensing agency at least 30 days before expiration of the current license:

DCF 56.04(4)(b)1. 1. An application form completed and signed by the applicant. Married persons living together shall both sign the application. Any household member who will act in the role of foster parent shall sign the application.

DCF 56.04(4)(b)2. 2. Verification of homeowner’s or renter’s insurance coverage required under s. DCF 56.05 (4) or a request for a waiver under s. DCF 56.05 (5), and verification of vehicle liability insurance required under s. DCF 56.05 (3) if the applicant plans to transport foster children in the applicant’s own vehicle. Verification means that the licensing agency representative has personally seen the appropriate documentation. A licensing agency need not retain a copy of the documentation in its files.

DCF 56.04(4)(b)3. 3. Documentation of fire safety inspection of the foster home, if required by the licensing agency.

DCF 56.04(4)(b)4. 4. A private water supply test report for the foster home, if required by the licensing agency.

DCF 56.04(4)(b)5. 5. If required by the licensing agency, a written statement from a physician, physician assistant, or nurse practitioner that indicates any physical or mental conditions of any household member that would affect the ability of the family to provide care for a foster child or threaten the health or safety of a foster child. The statement shall be based upon a medical examination performed within the previous 6 months.

DCF 56.04(4)(b)5m. 5m. If a member of the household of an applicant who is a relative of a foster child is not covered by health insurance or a medical examination would be a significant financial burden to the household member, the licensing agency may grant an exception to the requirement in subd. 3. If the licensing agency grants this exception, the household member shall submit a personally signed statement that indicates any physical or mental conditions the household member has that would affect the ability of the family to provide care for a foster child or threaten the health or safety of a foster child.

DCF 56.04(4)(b)6. 6. Other documentation or authorizations required by the licensing agency for its review of the application.

DCF 56.04(4)(c) (c) License modifications.

DCF 56.04(4)(c)1. 1. A licensing agency may modify a foster home license. An applicant for a license may request modification of the license at the time of the initial licensure. A licensee may request modification of the license at any time during the effective period of the license.

DCF 56.04(4)(c)2. 2. An applicant for license modification shall obtain a license modification application form from the licensing agency and shall submit a completed and signed application form and other materials required by the licensing agency to that agency within the following time limits:

DCF 56.04(4)(c)2.a. a. Before the date the licensee plans to change location from the location specified on the current license.

DCF 56.04(4)(c)2.b. b. Before the date an applicant wishes to have one or more license conditions changed.

DCF 56.04(4)(c)2.c. c. No later than 30 days before the date the marital status of the licensee changes.

DCF 56.04(4)(c)2.d. d. Within 10 days after a household member leaves.

DCF 56.04(4)(c)2.e. e. At least 30 days before someone enters the household when this is known that far in advance or otherwise as soon as possible before that person enters the household.

DCF 56.04(5) (5) Action by the licensing agency.

DCF 56.04(5)(a) (a) Except as provided in par. (b) or (c), within 60 days after receiving a completed application for a foster home license, for renewal of the foster home license or for a license modification, the licensing agency shall approve the application and issue the license, deny the application or approve the modification. Any delay that is the result of an act or omission on the part of the applicant shall not be considered in the 60-day time limit. If the application for a license, relicensure or license modification is denied, the licensing agency shall give the applicant reasons in writing for the denial and shall provide information on how an appeal may be requested under s. DCF 56.10.

DCF 56.04(5)(b) (b) A licensing agency shall be allowed one 30-day extension of the time limit under par. (a) if the extension is needed to allow the agency to collect information necessary to make an informed decision, such as to obtain a criminal records check or responses from references. The agency shall notify the applicant or licensee if an extension is necessary.

DCF 56.04(5)(c) (c) If the foster home license application is for a pre-adoptive placement, the licensing agency shall either approve the application and issue the license or deny the application within 6 calendar months after receipt of the completed application. If the application for a license is denied, the licensing agency shall give the applicant reasons, in writing, for the denial and shall provide information on how an appeal may be requested under s. DCF 56.10.

DCF 56.04(6) (6) Discrimination. A licensing agency may not discriminate against an applicant for a foster home license or a foster parent applying for renewal of a foster home license on the basis of age, sex, race, color, creed, sexual orientation, national origin or handicap.

DCF 56.04(7) (7) Effective period of a license. A foster home license shall be effective for a period not to exceed 2 years and may be renewed upon successful completion of relicensing requirements.

DCF 56.04(8) (8) Notification of application for or issuance of additional licenses. A licensee who applies to any licensing authority for or is issued any other license in addition to the foster home license shall notify the agency that issued the foster home license. No licensee may hold any other license to operate a foster home under this chapter or a group home under ch. DCF 57.

DCF 56.04 History History: CR 00-020: cr. Register February 2002 No. 554, eff. 3-1-02; corrections in (3) (a), (b), (4) (a) 2., 3., 9., (b) 2., (5) (a), (c) and (8) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; EmR0937: emerg. revisions as in CR 10-021 (except for (4) (a) 5m.), eff. 1-1-10; CR 10-021: am. (4) (a) 2., (b) 2. and (c) 1., r. and recr. (4) (a) 3., 4., and (b) 5., cr. (4) (a) 5m. and (b) 5m. Register September 2010 No. 657, eff. 10-1-10; correction to numbering of (4) (a) 5m. made under s. 13.92 (4) (b) 1., Stats., Register September 2010 No. 657; EmR1050: emerg. r. and recr. (2), (4) (a) 5m., am. (8), eff. 1-1-11; CR 10-148: r. and recr. (2), (4) (a) 5m., am. (8) Register August 2011 No. 668, eff. 9-1-11; CR 16-014: renum. (3) (intro.) to (3), r. (3) (a), (b), am. (4) (a) 9. c. Register June 2016 No. 726, eff. 7-1-16; CR 21-107: am. (4) (a) 2., 4., (b) 2., 5m. Register June 2022 No. 798, eff. 7-1-22.

DCF 56.05 DCF 56.05 Licensee qualifications.

DCF 56.05(1) (1) Personal requirements and background.

DCF 56.05(1)(a) (a) General.

DCF 56.05(1)(a)1. 1. A person licensed to operate a foster home shall be a responsible, mature individual who is fit and qualified, exercises sound judgment, displays the capacity to successfully nurture foster children, does not abuse alcohol or drugs, and does not have a criminal conviction, pending criminal charge, or a finding by a governmental body of a civil or criminal violation of statutes, regulations, or ordinances that is substantially related to the care of children or the operation of a foster home. In determining whether a criminal conviction, pending criminal charge, or finding by a governmental body is substantially related to the care of children or the operation of a foster home, the licensing agency shall apply the factors in s. DCF 12.06.