Chapter DCF 56

DCF 56.08(5)(b) (b) No unloaded firearm or other dangerous weapon may be kept in a foster home unless stored and locked in an area not readily accessible to foster children. Ammunition materials and firearms shall be stored in separate locked areas that are not readily accessible to foster children.

DCF 56.08 Note Note: A firearm need not be locked in an area not readily accessible to foster children if the firearm has been disassembled in such a manner that it is not operable. Trigger locks alone do not meet the above requirement but may be a supplemental safety measure in addition to the firearm being stored and locked in an area not readily accessible to foster children. A weapon cabinet with a glass front is not considered secure, even if it can be locked.

DCF 56.08(5)(c) (c) A foster child may be permitted to use firearms or bows for hunting or target practice only if all of the following conditions are met:

DCF 56.08(5)(c)1. 1. The child is at least 10 years of age.

DCF 56.08(5)(c)2. 2. The foster parent applied the reasonable and prudent parent standard and gave permission for the child to participate in the activity.

DCF 56.08(5)(c)3. 3. The child has successfully completed an approved hunter education and firearm safety program under s. 29.304, Stats.

DCF 56.08(5)(c)4. 4. The child is under the supervision of a responsible adult at all times.

DCF 56.08(5)(d) (d) If the foster parent is a sworn law enforcement officer who is required to maintain a loaded weapon at all times, the loaded weapon shall be stored and locked in an area not readily accessible to foster children.

DCF 56.08(6) (6) Hazardous machinery and equipment.

DCF 56.08(6)(a) (a) No foster child under 12 years of age may, unless otherwise permitted by statute, operate any hazardous machinery or equipment.

DCF 56.08(6)(c) (c)

DCF 56.08(6)(c)1. 1. No foster child may operate any machinery or equipment that is beyond the child’s knowledge or mental or physical capability.

DCF 56.08(6)(c)2. 2. All hazardous machinery and equipment to be used by a foster child shall be maintained in safe and proper condition.

DCF 56.08(6)(c)3. 3. The foster child shall be under the general and appropriate supervision of a responsible adult when operating a hazardous machinery or piece of equipment.

DCF 56.08(6)(c)4. 4.

DCF 56.08(6)(c)4.a. a. The foster child shall be trained by the supervising adult on the safe and proper use and operation of any hazardous machinery or equipment before actually operating the hazardous machinery or equipment.

DCF 56.08(6)(c)4.b. b. The agency may require attendance at specific training that is applicable to an applicant’s home environment, such as farm safety and logging safety.

DCF 56.08(6)(c)5. 5. The foster child shall wear clothing and safety gear appropriate to the operation of particular hazardous machinery or equipment.

DCF 56.08(7) (7) Fire protection.

DCF 56.08(7)(a) (a) Smoke detectors. A foster home shall have one or more single-station battery-operated, electrically interconnected or radio signal-emitting smoke detectors at each of the following locations in the home:

DCF 56.08(7)(a)1. 1. At the head of every open stairway.

DCF 56.08(7)(a)2. 2. On each floor of the home.

DCF 56.08(7)(a)3. 3. In each sleeping room.

DCF 56.08 Note Note: These smoke detector locations have been determined by a combination of standards found in ch. 2-2.1.1.1 of National Fire Protection Association (NFPA) standard 72 and s. SPS 321.09. The smoke detector at the head of an open stairway may also serve as the smoke detector for that floor of the home.

DCF 56.08(7)(b) (b) Smoke detector maintenance. The licensee shall check the operating condition of each smoke detector at least once a month and shall immediately repair or replace any unit or part of a unit found to be inoperative. For a single-station battery-operated smoke detector, the battery shall be replaced at least once each year.

DCF 56.08(7)(c) (c) Fire extinguisher. A fire extinguisher with a UL rating for A, B and C burning materials shall be available in or near the kitchen of a foster home. The foster parent shall know how to operate the fire extinguisher. Licensing agencies may also require a fire extinguisher near the sleeping areas of the home.

DCF 56.08(8) (8) Fire safety evacuation plan.

DCF 56.08(8)(a) (a) The licensee shall develop a written plan for the immediate and safe evacuation of the foster home in the event of a fire. The plan shall include the following:

DCF 56.08(8)(a)1. 1. The means to be used for emergency exiting from all floor levels of the foster home.

DCF 56.08(8)(a)2. 2. The place away from the foster home at which all evacuated members of the household will meet so that it can be determined if all persons are out of danger.

DCF 56.08(8)(a)3. 3. The means by which foster children who are not ambulatory will be assisted in evacuating the home.

DCF 56.08(8)(b) (b)

DCF 56.08(8)(b)1. 1. The licensee shall review the fire safety evacuation plan with all household members at least once every 3 months and immediately following placement of a new foster child in the licensee’s home.

DCF 56.08(8)(b)2. 2. The fire safety evacuation plan shall be posted in the home and its location made known to all household members.

DCF 56.08(8)(c) (c) At least once every 2 years the licensing agency shall review the fire safety evacuation plan with the licensee and the licensee shall revise the plan if the licensing agency determines it is necessary.

DCF 56.08(9) (9) Fire safety inspection. If required by the licensing agency, a foster parent shall arrange for a fire safety inspection by fire safety experts at any time there is cause for concern for the safety of household residents because of conditions in the foster home or elsewhere on the premises.

DCF 56.08(9m) (9m) Carbon monoxide detector.

DCF 56.08(9m)(a) (a) Effective February 1, 2011, a foster home in a one- or two-unit building shall have a functional carbon monoxide detector installed in the basement and on each floor level, except the attic, garage, or storage area of each unit, in accordance with the requirements of s. 101.647, Stats.

DCF 56.08 Note Note: A one-unit building is a single family residence. A two-unit building is a duplex or two-flat.

DCF 56.08(9m)(b) (b) A foster home in a building with at least 3 units shall have one or more functional carbon monoxide detectors installed in accordance with the requirements of s. 101.149, Stats.

DCF 56.08(10) (10) Reporting fires. The licensee shall report by no later than the end of the next working day to the licensing agency any fire in the foster home or elsewhere on the premises that requires the assistance of the fire department.

DCF 56.08(10m) (10m) Disaster plan. Each licensed foster home shall file a disaster plan with the licensing agency that would allow the licensing agency to identify, locate, and ensure continuity of services to children under the placement and care responsibility or supervision of an agency who are displaced or adversely affected by a disaster. Disaster plans shall include all of the following information:

DCF 56.08(10m)(a) (a) Where a family, provider, or child would go in an evacuation, including one location in the nearby area and one location out of the area.

DCF 56.08(10m)(b) (b) Phone numbers, electronic mail addresses, and other contact information for the foster parent.

DCF 56.08(10m)(c) (c) Contact information for a relative or friend out of the area who will know where the family is located.

DCF 56.08(10m)(d) (d) A list of items that the licensee will take if evacuated, including any medication and medical equipment for the child.

DCF 56.08(10m)(e) (e) A phone number the licensee will call to check in with the licensing agency or caseworker.

DCF 56.08(11) (11) Safety of infants and children with disabilities.

DCF 56.08(11)(a) (a) A licensing agency may impose additional safety conditions upon a licensee if the licensee cares for a child under one year of age or a child with mental or physical disabilities when the age, impaired judgment, or mobility of the child creates additional safety risks.

DCF 56.08(11)(b) (b) A licensing agency may require modifications to a foster home or other accommodations necessary to meet specific requirements identified by the child’s team or treatment team. These modifications may include any of the following:

DCF 56.08(11)(b)1. 1. Supplemental electrical service to the home.

DCF 56.08(11)(b)2. 2. Electrical back-up systems that will provide a reliable level of power in the event of an electrical system failure.

DCF 56.08(11)(b)3. 3. Adequate mechanisms for the safe and legal storage and disposal of medical supplies.

DCF 56.08(11)(b)4. 4. Minimum and maximum standards for heating and cooling temperatures within the home.

DCF 56.08(11)(b)5. 5. Structural or cosmetic changes to allow the child access into and throughout the home.

DCF 56.08(11)(b)6. 6. Mechanisms for ensuring that hot water temperatures from bathtub, sink, shower, and other bathroom fixtures do not exceed a maximum safe temperature of 110 degrees Fahrenheit.

DCF 56.08(11)(b)7. 7. Mechanisms for measuring and achieving established air purity standards in the home.

DCF 56.08(11)(b)8. 8. Other modifications to accommodate needs identified by the child’s team or treatment team.

DCF 56.08(11)(c) (c) Any additional conditions imposed under par. (a) or (b) shall be in writing and reviewed jointly by the licensing agency and licensee before taking effect.

DCF 56.08(11)(d) (d) The licensing agency and licensee shall review the conditions under par. (a) or (b) for possible revision at least annually.

DCF 56.08 Note Note: A licensing agency may use an exceptional payment under s. DCF 56.23 (3) to pay for any necessary adjustments to the foster home to meet the special needs of a foster child.

DCF 56.08(12) (12) Stairways. Each stairway shall have a handrail.

DCF 56.08 History History: CR 00-020: cr. Register February 2002 No. 554, eff. 3-1-02; EmR0937: emerg. r. and recr. (4) (b) and (c), am. (5) (b), cr. (10m), eff. 1-1-10; CR 10-021: r. and recr. (4) (b) and (c), am. (5) (b), cr. (9m) and (10m) Register September 2010 No. 657, eff. 10-1-10; EmR1050: emerg. am. (8) (a) 2., cr. (8) (a) 3., r. and recr. (11), eff. 1-1-11; CR 10-148: am. (8) (a) 2., cr. (8) (a) 3., r. and recr. (11) Register August 2011 No. 668, eff. 9-1-11; CR 10-021 transcription error in (5) (b) corrected Register December 2015 No. 720; EmR1633: emerg. am. (4) (a), (5) (c) 1., r. and recr. (5) (c) 2., am. (6) (a), r. (6) (b), eff. 11-18-16; CR 16-051: am. (4) (a), (5) (c) 1., r. and recr. (5) (c) 2., am. (6) (a), r. (6) (b) Register July 2017 No. 739, eff. 8-1-17; CR 21-107: am. (6) (c) 1. Register June 2022 No. 798, eff. 7-1-22.

DCF 56.09 DCF 56.09 Care of foster children.

DCF 56.09(1) (1) Principles for nurturing care. The foster parent shall provide nurturing care to each child placed in a foster home. Nurturing care is care that does all of the following:

DCF 56.09(1)(a) (a) Ensures that the child is provided a humane physical and psychological environment.

DCF 56.09(1)(am) (am) Socializes the child into family living and teaches social and community living skills, including accepting tasks and responsibilities.

DCF 56.09(1)(b) (b) Is respectful of the child as a person.

DCF 56.09(1)(bm) (bm) Increases the child’s opportunities to develop decision-making skills and to make informed choices.

DCF 56.09(1)(c) (c) Gives the child room to grow and the maximum of personal and physical freedom appropriate to the child’s age and maturity.

DCF 56.09(1)(cm) (cm) Increases the child’s independence in performing tasks and activities by teaching skills that reduce dependence on caretakers.

DCF 56.09(1)(d) (d) Does not deny a foster child access to confidential family planning and reproductive health services.

DCF 56.09(1)(dm) (dm) Educates the child regarding human sexual development, as appropriate.

DCF 56.09(1)(e) (e) Does not discriminate against the child because of the child’s race or cultural identification, sex, age, sexual orientation, color, creed, ancestry, national origin or disability.

DCF 56.09(1)(em) (em) Promotes cultural understanding and sensitivity in the child and respects the cultural traditions of the child’s family.

DCF 56.09(1)(f) (f) Lets the child participate in community activities of the child’s choice, including sports and activities of school, community, social and religious groups, with this participation restricted only by reasonable curfew hours, cost considerations, a court order or for a reason agreed upon by the foster parent and the licensing and supervising agencies.

DCF 56.09(1)(fm) (fm) Increases the child’s opportunities to interact with diverse community populations.

DCF 56.09(1)(g) (g) Gives the child reasonable opportunity to voluntarily participate or not participate in religious practices, activities, and services of the child’s choice or the choice of the child’s parents. Any discrepancy between the child’s choice and the choice of the child’s parents shall be resolved by the child’s caseworker.

DCF 56.09(1)(gm) (gm) Teaches the child life skills in situations where the skills are used.

DCF 56.09(1)(h) (h) Allows a foster parent to conduct a search without the foster child’s consent if the foster parent believes a search is necessary to prevent harm to the foster child or another person or because the foster child is violating a law. The foster parent shall share the information about the search with the child’s supervising agency caseworker.

DCF 56.09(1)(hm) (hm) Provides daily schedules, routines, environments, and interactions similar to those of other children of the same age and in accordance with the child’s case plan, permanency plan, or treatment plan.

DCF 56.09(1)(i) (i) Lets a child keep and wear the child’s own clothing as appropriate to the season or setting unless the clothing is too small for the child, is prohibited by the child’s case manager, or is otherwise unsuitable for wear.

DCF 56.09 Note Note: An example of clothing unsuitable for wear is clothing infested with lice.

DCF 56.09(1)(j) (j) Permits a child to receive mail, to make and to receive a reasonable number of telephone calls and to visit with family, friends and others unless a visit is contraindicated by the child’s case plan, by a court order or by another controlling document.

DCF 56.09(1)(k) (k) Does not inflict or tolerate infliction of physical or verbal abuse, physical punishment, ill treatment or harsh or humiliating discipline of the child.

DCF 56.09(1)(L) (L) Does not require a child to perform labor that financially benefits the foster parent without the child’s agreement, approval of the child’s parent or guardian and approval of the supervising agency.

DCF 56.09(1)(m) (m) Allows the child access to clothing and written and recorded materials and other items appropriate to the child’s age and comprehension. None of these materials may be permanently withheld from the child without the specific consent of the child’s caseworker. Any withheld material shall be given to the child’s caseworker who shall determine whether the material should be returned to the child or given to the child’s parent or guardian. A foster child’s personal belongings may not be damaged or destroyed.

DCF 56.09 Note Note: The primary intent of par. (m) is to allow a foster child to have clothes, books, recorded music, and similar items that the child enjoys. If a foster parent does not wish to have certain types of materials in the foster home, the foster parent should communicate that in writing to the licensing agency.

DCF 56.09(1)(n) (n) Does not permit a child to be mechanically restrained or locked or confined in any enclosure, room, closet or other part of the house or premises for any reason, except as provided under sub. (5) (i).