Chapter DCF 56

DCF 56.05(4) (4) Homeowner’s or renter’s liability insurance.

DCF 56.05(4)(a) (a) Except as provided under sub. (5), before a foster home license is issued or renewed, the applicant for an initial license or the foster parent applying for renewal of a license shall furnish proof to the licensing agency of having homeowner’s or renter’s liability insurance as required under s. 48.627 (2) (a), Stats.

DCF 56.05(4)(b) (b) A licensing agency shall have on file verification that each foster parent licensed by that agency has insurance coverage required under par. (a) and s. 48.627 (2) (a), Stats., or shall have on file documentation that the foster parent has been granted a waiver from that requirement in accordance with sub. (5), or has been issued a license for a period not to exceed 90 days to allow the foster parent to obtain necessary documentation to request a waiver in accordance with sub. (5).

DCF 56.05(5) (5) Waiver of homeowner’s or renter’s liability insurance requirement.

DCF 56.05(5)(a) (a) In this subsection, “Wisconsin insurance plan” means the mandatory risk-sharing insurance plan established under s. 619.01, Stats., and s. Ins 4.10.

DCF 56.05(5)(b) (b) A foster parent or an applicant for a foster home license may request a waiver of the requirement under sub. (4) (a) if the foster parent or applicant is unable to obtain the required insurance, the insurance policy that the foster parent or applicant had was canceled or payment of the premium for the required insurance would cause undue financial hardship.

DCF 56.05(5)(c) (c) A request for a waiver shall be sent directly to the licensing agency and shall include one of the following:

DCF 56.05(5)(c)1. 1. A written denial of homeowner’s liability insurance by an insurance company for a reason other than the poor condition of the property and a written denial of the same insurance coverage from the Wisconsin insurance plan.

DCF 56.05(5)(c)2. 2. A written cancellation of homeowner’s liability insurance by an insurance company for reasons other than nonpayment of premiums and a written denial of the same coverage from the Wisconsin insurance plan.

DCF 56.05(5)(c)3. 3. A written denial of renter’s liability insurance from 2 insurance companies.

DCF 56.05(5)(c)4. 4. A written cancellation of renter’s liability insurance by an insurance company for reasons other than non-payment of premiums and, in addition, a written denial of the same insurance coverage from one other insurance company.

DCF 56.05(5)(c)5. 5. Documentation that payment of the insurance premium would cause undue financial hardship for the foster parent or applicant as evidenced by any of the following:

DCF 56.05(5)(c)5.a. a. The foster family or applicant is a participant in the Wisconsin Works program under ss. 49.141 to 49.161, Stats.

DCF 56.05(5)(c)5.b. b. The foster parent or applicant is receiving supplemental security income under 42 USC 1381 to 1383d.

DCF 56.05(5)(c)5.c. c. The foster family’s or applicant’s income is at or below the minimum family budget determined by the department for purposes of administering the uniform fee system under ch. DHS 1.

DCF 56.05 Note Note: A foster parent has limited liability under s. 895.485, Stats. This does not mean that the foster parent has no liability. In the event that a foster parent is sued, the foster parent may be liable for any judgment and attorney’s fees. As such, a waiver of the insurance requirement should be made only in rare circumstances.

DCF 56.05(5)(d) (d) Within 30 days after receipt of a request that is accompanied by the documentation required under par. (c), the licensing agency shall either waive the requirement or deny the request for a waiver, and shall notify the applicant or foster parent in writing of its decision and the reasons for the decision.

DCF 56.05 Note Note: The Wisconsin Insurance Plan is property insurance of the last resort. A foster parent and an applicant for a foster home license should consider the Wisconsin Insurance Plan only if they cannot obtain conventional insurance from an insurance company. For information on the Wisconsin Insurance Plan, contact any insurance agency or the Wisconsin Insurance Plan, 700 W. Michigan Street, Milwaukee, WI 53233; phone [phone].

DCF 56.05 History History: CR 00-020: cr. Register February 2002 No. 554, eff. 3-1-02; corrections in (1) (a) 1., (f) 2., 4. and (5) (c) 5. c. made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; EmR0937: emerg. revisions as in CR 10-021, eff. 1-1-10; CR 10-021: am. (1) (b) 2. and (c) 8., r. and recr. (1) (e) 1. and (f), r. (1) (e) 2. Register September 2010 No. 657, eff. 10-1-10; EmR1050: emerg. renum (1) (b), (c) to be (1) (b) 1., (c) 1. and am., cr. (1) (b) 2., (c) 1. h. to n., 2., eff. 1-1-11; CR 10-148: renum (1) (b), (c) to be (1) (b) 1., (c) 1. and am., cr. (1) (b) 2., (c) 1. h. to n., 2. Register August 2011 No. 668, eff. 9-1-11; CR 16-014: am. (1) (a) 1., r. and recr. (1) (f), cr. (1) (g) Register June 2016 No. 726, eff. 7-1-16; EmR1633: emerg. r. and recr. (1) (a) 1., am. (1) (a) 3., cr. (1) (b) 1. p., (c) 1. o., eff. 11-18-16; CR 16-051: r. and recr. (1) (a) 1., am. (1) (a) 3., cr. (1) (b) 1. p.,(c) 1. o. Register July 2017 No. 739, eff. 8-1-17; CR 21-107: am. (1) (a) 2., (b) 1. e., (c) 2. e., (g) 3., 4., (3) (a), (5) (b) Register June 2022 No. 798, eff. 7-1-22.

DCF 56.055 DCF 56.055 Background checks.

DCF 56.055(1) (1) Provide information.

DCF 56.055(1)(a) (a) Before a foster home license is issued or renewed, the applicant and any nonclient resident in the home shall each do all of the following:

DCF 56.055(1)(a)1. 1. Complete and submit to the agency the department’s background information disclosure and written authorization for the agency to make follow-up contact with the Wisconsin department of justice and any other person or organization to determine if there is any reason under sub. (4) why the applicant should not be granted a license or have an existing license renewed.

DCF 56.055 Note Note: DCF-F-2978-E, Background Information Disclosure, is available in the forms section of the department website, http://dcf.wisconsin.gov, or by writing to the Division of Safety and Permanence, P.O. Box 8916, Madison WI 53708-8916.

DCF 56.055(1)(a)2. 2. Provide the agency with information on each person’s places of residence during the 5-year period before submission of the license application.

DCF 56.055(1)(b) (b) Before an initial foster home license is issued or a license is renewed after a break in licensure, the applicant shall provide the agency or its designated agent with a set of fingerprints sufficiently clear to submit to the Wisconsin department of justice or other law enforcement agency for submission to the national crime information database as provided in s. 48.685 (2) (c) 1., Stats.

DCF 56.055(2) (2) Conduct background check. The agency shall do all of the following:

DCF 56.055(2)(a) (a) Obtain the information required under s. 48.685 (2) (am), Stats., regarding the applicant and any nonclient resident in the applicant’s home.

DCF 56.055 Note Note: Information on how to conduct an initial search of some of the required Wisconsin records is at https://recordcheck.doj.wi.gov. Following the search, the agency will receive a report from the Department of Justice regarding results of the criminal records search and a report from the Department of Health Services regarding results of the search of other integrated databases. Further investigation may be required.

DCF 56.055(2)(b) (b) Submit the fingerprints of the applicant under sub. (1) (b) to the Wisconsin department of justice or other law enforcement agency for submission to the national crime information database as provided in s. 48.685 (2) (c) 1., Stats.

DCF 56.055(2)(c) (c) Conduct a reverse search of the Wisconsin sex offender registry using the applicant’s address.

DCF 56.055 Note Note: A reverse search by address can be done by entering applicant’s address at http://doc.wi.gov/community-resources/offender-registry. The Wisconsin Sex Offender Registry does not contain information on all convicted sex offenders.

DCF 56.055 Annotation The information is limited by the effective date of the applicable law and to those offenders who have been arrested and convicted, adjudicated, or committed for a crime specified under the law and who meet registration and publication requirements.

DCF 56.055 Annotation For example, certain sex offenses by juveniles or other persons may not meet registration or publication requirements. Please consider these limitations when obtaining information from the sex offender registry.

DCF 56.055(2)(d) (d) Obtain a criminal history records search from any other jurisdiction in which the person is or was a resident if the agency is informed that a nonclient resident in the applicant’s home resided outside the state of Wisconsin at any time during the 5-year period before the search.

DCF 56.055(2)(e) (e) Obtain information on child abuse or neglect reports or findings during the 5-year period before the search, as follows:

DCF 56.055(2)(e)1. 1. If the agency is informed that the applicant or a nonclient resident in the applicant’s home resided in the state of Wisconsin at any time during the 5-year period before the search, the agency shall contact each county in Wisconsin in which the person is a resident or was a resident during those 5 years for information regarding any child abuse or neglect reports or findings.

DCF 56.055(2)(e)2. 2. If the agency is informed that the applicant or a nonclient resident in the applicant’s home resided outside the state of Wisconsin at any time during the 5-year period before the search, the agency shall check any child abuse or neglect registry maintained by any other jurisdiction in which the person is a resident or was a resident during those 5 years for any child abuse reports or findings.

DCF 56.055(2)(f) (f) If the agency is informed that the applicant or a nonclient resident in the applicant’s home served in a branch of the U.S. armed forces, including any reserve component, the agency shall make every reasonable effort to obtain information on the discharge status of the person. This information may be obtained from the discharge papers or from the armed forces branch in which the person served. If the discharge status is other than honorable, the agency shall obtain information on the nature and circumstances of the discharge.

DCF 56.055 Note Note: The information from the armed forces may include military court findings or other information that is relevant to making a determination of whether an applicant is fit and qualified.

DCF 56.055(3) (3) Follow up. Follow-up investigation may be required and may include any of the following:

DCF 56.055(3)(a) (a) If the results of the criminal history records search under (2) (a), (b), or (d) indicate a charge of a crime specified in s. 48.685 (1) (c), Stats., or comparable law in any other jurisdiction, but do not completely and clearly indicate the final disposition of the charge, the agency shall make every reasonable effort to contact the appropriate clerk of court to determine the final disposition of the charge.

DCF 56.055(3)(b) (b) If the background information disclosure indicates a charge or conviction of a crime specified in s. 48.685 (1) (c), Stats., or comparable law in any other jurisdiction, but the results of the criminal history records search under sub. (2) (a), (b), or (d) do not include the charge or conviction, the agency shall make every reasonable effort to contact the appropriate clerk of court to obtain a copy of the criminal complaint and the final disposition of the complaint.

DCF 56.055(3)(c) (c) If the results of the criminal history records search under sub. (2) (a), (b), or (d); the background information disclosure; or any other information indicate that the person was convicted of a violation of s. 940.19 (1), 940.195, 940.20, 941.30, 942.08, 947.01 (1), or 947.013, Stats., or comparable law in any other jurisdiction, not more than 5 years before the agency obtained the information, the agency shall make every reasonable effort to contact the appropriate clerk of court to obtain a copy of the criminal complaint and judgment of conviction relating to that violation.

DCF 56.055 Note Note: A list of Wisconsin county clerks of court is available at http://www.wicourts.gov/contact/docs/clerks.pdf. An investigation and determination regarding whether the circumstances of the convictions for the crimes specified in par. (c) are substantially related to the care of children under s. 48.685 (5m), Stats., is required. The specified crimes are misdemeanor battery, battery to an unborn child, battery-special circumstances, reckless endangerment, invasion of privacy, disorderly conduct, and harassment.

DCF 56.055(4) (4) Offenses that are a bar. Unless the person has demonstrated that the person has been rehabilitated under s. 48.685 (5) or (5c), Stats., and ch. DCF 12, an applicant or licensee is unqualified to hold a license if the applicant or a nonclient resident in the foster home meets any of the following conditions:

DCF 56.055(4)(a) (a) The person has been convicted of a crime specified in s. 48.685 (1) (c), Stats., or is the subject of a pending criminal charge alleging that the person committed a crime specified in s. 48.685 (1) (c), Stats.

DCF 56.055 Note Note: A table that lists applicable crimes is available on the department website, http://dcf.wisconsin.gov, in the foster care/related statutes and administrative rules section.

DCF 56.055(4)(am) (am) The person has been adjudicated delinquent for committing a crime specified in s. 48.685 (1) (c), Stats., or is the subject of a delinquency petition alleging that the person committed a crime specified in s. 48.685 (1) (c), Stats.

DCF 56.055(4)(b) (b) A governmental body has made a finding that the person has abused or neglected any client or misappropriated the property of any client.

DCF 56.055(4)(c) (c) A final substantiated finding has been made that the person abused or neglected a child.

DCF 56.055(4)(d) (d) A finding that is comparable to a final substantiated finding has been made in any other jurisdiction.

DCF 56.055(5) (5) Denials or revocation. The agency shall provide the department with information about each person who is denied a license or has a license revoked for a reason specified in sub. (4).

DCF 56.055 Note Note: Agencies with direct access to eWiSACWIS, the child welfare automation system, enter the information into the system. Agencies that do not have direct access to eWiSACWIS, provide the information on Form DCF-F-CFS2191, Negative Action Notice, which is available in the forms section of the department’s website, dcf.wisconsin.gov. Send the completed form to Out-of-Home Care Section, DCF/DSP, P.O. Box 8916, Madison, WI 53708-8916.

DCF 56.055 History History: CR 16-014: cr. Register June 2016 No. 726, eff. 7-1-16; CR 21-107: am. (2) (d), (3) (a), (b), (4) (intro.), r. and recr. (4) (a), cr. (4) (am) Register June 2022 No. 798, eff. 7-1-22.

DCF 56.06 DCF 56.06 Serious incident reporting.

DCF 56.06(1) (1) A foster parent shall immediately notify the supervising agency and, if not the same, the licensing agency of all of the following:

DCF 56.06(1)(a) (a) Death of a foster child.

DCF 56.06(1)(b) (b) Serious illness or injury of a foster child that requires the services of a licensed medical professional, including all of the following:

DCF 56.06(1)(b)1. 1. A broken bone.

DCF 56.06(1)(b)2. 2. A burn.

DCF 56.06(1)(b)3. 3. A concussion.

DCF 56.06(1)(b)4. 4. A wound requiring stitches.

DCF 56.06(1)(b)5. 5. The ingestion of poison or drug overdose.

DCF 56.06(1)(b)6. 6. A reportable communicable disease under ch. DHS 145 Appendix A.

DCF 56.06 Note Note: Information regarding reportable communicable diseases can be obtained from local county public health departments.

DCF 56.06(1)(c) (c) The foster parent has reasonable cause to believe any of the following:

DCF 56.06(1)(c)1. 1. A foster child has been abused or neglected.

DCF 56.06(1)(c)2. 2. A foster child has been threatened with abuse or neglect and it is likely that the foster child will be abused or neglected.

DCF 56.06(1)(d) (d) An error in administering medication to a foster child.

DCF 56.06(1)(e) (e) A suicide attempt by a foster child.

DCF 56.06(1)(f) (f) The unauthorized absence of a foster child from the home for more than 8 hours or for longer than is reasonable given the child’s age, maturity, and mental and emotional capacity.

DCF 56.06(1)(g) (g) An incident requiring contact with law enforcement at the foster home or that involves a foster child.

DCF 56.06(1)(h) (h) A condition or situation that requires the removal of a child from a foster home.

DCF 56.06(1)(i) (i) The use of a physical restraint as required under s. DCF 56.09 (1g) (e).

DCF 56.06(1)(j) (j) Any other serious incident related to a foster child.

DCF 56.06(2) (2) A foster parent shall immediately notify the licensing agency of any of the following:

DCF 56.06(2)(a) (a) Any physical damage to the foster home or premises that would affect compliance with this chapter, including the following:

DCF 56.06(2)(a)1. 1. Structural damage that may affect the safe shelter of a child.

DCF 56.06(2)(a)2. 2. Failure in the heating, cooling, electrical, plumbing, or smoke detection system that is not repaired or that cannot be repaired within 24 hours after the failure becomes known.

DCF 56.06(2)(b) (b) A fire on the premises of the foster home that requires the services of a fire department.

DCF 56.06(2)(c) (c) The displacement of a child or adverse effects due to implementation of the disaster plan required under s. DCF 56.08 (10m).

DCF 56.06(3) (3) A licensing agency shall immediately notify the department exceptions panel of any serious incident in this section that is reported by a foster parent of a Level 5 foster home.

DCF 56.06 History History: CR 00-020: cr. Register February 2002 No. 554, eff. 3-1-02; corrections in (8) and (13) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; EmR0937: emerg. am. (12), eff. 1-1-10; CR 10-021: am. (12) Register September 2010 No. 657, eff. 10-1-10; EmR1050: emerg. r. and recr., eff. 1-1-11; CR 10-148: r. and recr. Register August 2011 No. 668, eff. 9-1-11.

DCF 56.07 DCF 56.07 Physical environment.

DCF 56.07(1) (1) General requirements.

DCF 56.07(1)(a) (a) A foster home shall be so constructed, arranged and maintained that it is safe for all occupants, and the health of all occupants is safeguarded. The home shall be large enough and its living areas large enough for the number and ages of the foster children and other household members. The home shall have furnishings and equipment necessary to adequately accommodate the foster children and other persons living in the home. The property on which the foster home is situated, including all other buildings and structures on that property, shall be maintained in a state of good repair and in a sanitary condition so that it is safe for the occupants and their health is safeguarded.

DCF 56.07(1)(b) (b) The licensing agency shall request fire, health, sanitation or safety officials to inspect the foster home or the entire premises when more expert opinion is necessary to help the agency evaluate the safety of the home.

DCF 56.07(1m) (1m) Exterior access. If necessary for a child to access the foster home where the child is placed, at least one entrance to the foster home shall be level or ramped in accordance with ch. SPS 362 and in a manner that provides safe access for the child.