Chapter DCF 56

DCF 56.09(4)(g)1. 1. A foster parent may not smoke or allow another person to smoke in a foster home or in a vehicle when a foster child is present.

DCF 56.09(4)(g)2. 2. Nothing in this paragraph shall be interpreted to interfere with traditional or established spiritual or cultural ceremonies involving the use of tobacco.

DCF 56.09(5) (5) Discipline.

DCF 56.09(5)(a) (a) Disciplinary action by a foster parent or any other person serving as a substitute caretaker in the absence of the foster parent shall be aimed at encouraging the foster child to understand what is appropriate social behavior.

DCF 56.09(5)(b) (b) The type of discipline imposed shall be appropriate to the child’s age and understanding.

DCF 56.09(5)(c) (c) Physical punishment of foster children is prohibited.

DCF 56.09(5)(d) (d) A licensee may not subject any foster child to verbal abuse, profanity, derogatory remarks about the child or the child’s family or to threats to expel the child from the home.

DCF 56.09(5)(e) (e) A licensee may not permit another adult or child, other than a responsible care provider, to discipline a foster child.

DCF 56.09 Note Note: If the licensee leaves the foster child in the care of another person, such as a babysitter, that other person is responsible for providing the discipline in accordance with this chapter and any licensing agency policies.

DCF 56.09(5)(f) (f) No foster child may be punished by being deprived of meals, mail, or family interaction.

DCF 56.09(5)(g) (g) No foster child may be punished or ridiculed for bed-wetting or other lapses in toilet training.

DCF 56.09(5)(h) (h) No foster child may be mechanically restrained or locked in any enclosure, room, closet or other part of the house or elsewhere on the premises for any reason.

DCF 56.09(5)(i) (i) No foster child may be punished by being restricted to an unlocked room or area of the home except as follows:

DCF 56.09(5)(i)1. 1. A foster child under 6 years of age may be restricted to an unlocked living area of the home for not longer than 10 minutes for any episode of misbehavior. The foster child shall be within hearing of a responsible caretaker and shall be permitted use of the toilet if necessary.

DCF 56.09(5)(i)2. 2. A foster child 6 to 10 years of age may be restricted to an unlocked living area of the home for not longer than 30 minutes for any episode of misbehavior. The foster child shall be within hearing of a responsible caretaker and shall be permitted use of the toilet if necessary.

DCF 56.09(5)(i)3. 3. A foster child over 10 years of age may be restricted to an unlocked living area of the home for up to 60 minutes for any episode of misbehavior. The foster child shall be within hearing of a responsible caretaker and shall be permitted use of the toilet if necessary.

DCF 56.09(6) (6) Clothing.

DCF 56.09(6)(a) (a) The licensee shall ensure that funds allocated for the purchase of clothing for foster children are used in such a manner that children in the licensee’s care are comfortably and appropriately dressed within the limits of the funds. Foster children’s clothing shall be maintained in a state of good repair and cleanliness.

DCF 56.09(6)(b) (b) Clothing purchased for a foster child or otherwise provided to a foster child with the understanding that the clothing belongs to the foster child shall be the property of the child and shall be given to the child to take when the child leaves the foster home.

DCF 56.09(7) (7) Personal belongings. When a foster child leaves a foster home, the child may take all special equipment or other personal belongings that the child had when placed in the foster home, that were given to the child to keep, that the child received as gifts, or that were purchased on behalf of the child with public funds, unless the items are permanently affixed to the foster home.

DCF 56.09(8) (8) Spending money. The foster parent shall give each foster child spending money each week. The amount of spending money given to a foster child shall be appropriate to the child’s age and maturity and in accordance with the child’s case plan established by the supervising agency.

DCF 56.09(9) (9) Nutrition.

DCF 56.09(9)(a) (a) The foster parent shall ensure that each foster child receives at least 3 meals a day. Meals a child receives as part of a meals program at school may be counted. A school-age foster child who does not participate in a school lunch program shall be provided a sack lunch or be provided lunch at the foster home or shall otherwise have lunch arranged for by or with the approval of the foster parent.

DCF 56.09(9)(b) (b) The foster parent shall ensure that each foster child is provided a quantity and variety of foods sufficient to meet the child’s nutritional needs and to maintain the child’s health and growth.

DCF 56.09(9)(c) (c) No foster child may be forced to eat against the child’s wishes except by order of and under the supervision of a physician.

DCF 56.09(10) (10) Education of foster children.

DCF 56.09(10)(a) (a) The foster parent shall make every reasonable effort to ensure that foster children of school age in their care attend school unless otherwise excused by school officials.

DCF 56.09(10)(b) (b) The foster parent shall make every reasonable effort to participate, as appropriate, in school activities involving foster children in their care.

DCF 56.09(10)(c) (c) The foster parent may not provide a home-based private educational program to foster children in their care. This does not apply to homebound study under s. 118.15 (1), Stats., or as defined in the child’s individualized education program.

DCF 56.09(10)(d) (d) Foster children shall be given the opportunity to develop appropriate friendships with schoolmates and to visit their friends.

DCF 56.09(10)(e) (e) The foster parent shall provide suitable reading material and facilities for undisturbed reading and study for all foster children in their home who wish to read or who have homework assignments.

DCF 56.09(10)(f) (f) The foster parent shall assist the agency and any contracted agency with the transfer of independent living skills to and the preparation for independent living of a foster child whose permanency plan indicates the need for these skills and preparation.

DCF 56.09(10)(g) (g) The foster parent shall assist a foster child in planning for achievement of the child’s educational or vocational goals.

DCF 56.09(11) (11) Case records.

DCF 56.09(11)(a) (a) The foster parent shall maintain a record on each foster child. The record shall contain information regarding the child for the entire duration of the placement and shall contain at least the following information:

DCF 56.09(11)(a)1. 1. The child’s name, nickname and any alias by which the child is known.

DCF 56.09(11)(a)2. 2. The child’s birthdate.

DCF 56.09(11)(a)3. 3. The names, addresses and telephone numbers of persons to be notified in an emergency involving the foster child.

DCF 56.09(11)(a)4. 4. The date the child was placed in the foster home.

DCF 56.09(11)(a)5. 5. The name, address and telephone number of the person or agency placing the child.

DCF 56.09(11)(a)6. 6. The name of the physician to be called in an emergency.

DCF 56.09(11)(a)7. 7. Medical information about the child, including known allergies and the dates of medical examinations, immunizations, illnesses and accidents since the time the child was placed in the foster home.

DCF 56.09 Note Note: This information must be included on the form required by ch. DCF 37.

DCF 56.09(11)(a)8. 8. The name and address of the child’s dentist and dates the child received dental care since the child was placed in the foster home.

DCF 56.09(11)(a)9. 9. If the child attends school while in the foster home, the name of the school and the grades the child received.

DCF 56.09(11)(a)10. 10. Reasonable and prudent parenting considerations for the child and decisions the foster parent has made by applying the reasonable and prudent parent standard.

DCF 56.09(11)(b) (b) The foster parent shall give the foster child’s record to the child’s supervising agency when the child leaves the foster home.

DCF 56.09(11)(c) (c) At the request of the licensing or supervising agency, the foster parent shall make the foster child’s record available for inspection by that agency. A foster child’s record may also be examined by authorized representatives of the department.

DCF 56.09(12) (12) Confidentiality. The foster parent and other persons in the household having access to confidential information about the foster child and the child’s family may not discuss or otherwise disclose that information to any other person while the child is in the foster home or after the child leaves the foster home, except as follows:

DCF 56.09(12)(a) (a) To the licensing agency or agency placing the child in the care of the licensee.

DCF 56.09(12)(b) (b) To another foster parent or respite care provider as authorized by the agency, such as when another foster parent is being considered as a placement for the child or the person is providing respite for the child.

DCF 56.09(12)(c) (c) By order of a court.

DCF 56.09(12)(d) (d) As otherwise provided by law.

DCF 56.09 Note Note: Disclosure of confidential information is governed by ss. 48.78 and 48.981 (7), Stats., and other state and federal laws and regulations.

DCF 56.09 History History: CR 00-020: cr. Register February 2002 No. 554, eff. 3-1-02; corrections in (2) (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) (d), (g), (m), (2) (a), (g), (3) (a), (4) (b), (5) (f), (11) (a) 4. and 8., cr. (1m), r. and recr. (7) Register September 2010 No. 657, eff. 10-1-10; EmR1050: emerg. cr. (1) (am), (bm), (cm), (dm), (em), (fm), (gm), (hm), (o), (1g), (1m) (d) to (g), (4) (dm), (g), (10) (g), am. (1) (h), (1m) (b), (c), (2) (a), (4) (e), r. and recr. (2) (c), r. (2) (h), (i), eff. 1-1-11; CR 10-148: cr. (1) (am), (bm), (cm), (dm), (em), (fm), (gm), (hm), (o), (1g), (1m) (a) (title), (b) (title), (c) (title), (d) to (g), (4) (dm), (g), (10) (g), am. (1) (h), (1m) (b), (c), (2) (a), (4) (e), r. and recr. (2) (c), r. (2) (h), (i) Register August 2011 No. 668, eff. 9-1-11; EmR1414: emerg. cr. (1m) (cm), eff. 8-1-14; CR 14-054: am. (1m) (b), (c), cr. (1m) (cm) Register April 2015 No. 712, eff. 5-1-15; EmR1633: emerg. am. (2) (e), cr. (2m), (11) (a) 10., eff. 11-18-16; CR 16-051: am. (2) (e), cr. (2m), (11) (a) 10. Register July 2017 No. 739, eff. 8-1-17; correction in numbering in (2m) (e) 1., 2. made under s. 13.92 (4) (b) 1., Stats., Register July 2017 No. 739; CR 21-107: am. (1) (i), (2m) (a), (b) (intro.), (5) (d), (6) (b), (7), (9) (b), (c), (12) (intro.) Register June 2022 No. 798, eff. 7-1-22.

DCF 56.10 DCF 56.10 Hearing.

DCF 56.10(1) (1) Appeal. An applicant for a license to operate a foster home who is denied a license or a licensee whose license is revoked or whose application for renewal of the license is denied may appeal the decision by asking for a hearing in accordance with ch. 227, Stats.

DCF 56.10 Note Note: The appeal rights described in this section relate only to licensure decisions. Foster parents also have appeal rights for non-licensure decisions as provided under s. 48.64 (4), Stats., and ch. HA 3 rules. Any decision made by a circuit court regarding a placement or a placed child is not appealable by the foster parent under this section.

DCF 56.10(2) (2) Request for a hearing. A request for a hearing shall be in writing and shall be addressed to the department of administration’s division of hearings and appeals. The date of the request for a hearing shall be the date on which the request is received by that office. Any request for a hearing shall be received no more than 15 days after the date of the notice of the agency decision to deny, revoke, or not renew the license.

DCF 56.10 Note Note: A request for a hearing may be mailed to Division of Hearings and Appeals, P.O. Box 7875, Madison, WI 53707-7875; faxed to [phone]; or delivered to 4822 Madison Yards Way, Madison, WI 53705.

DCF 56.10(3) (3) Arrangements for a hearing. In response to a request for a hearing under this section, the division of hearings and appeals shall appoint a hearing examiner, set a date for the hearing and notify the parties in writing at least 10 days before the hearing of the date, time and place of the hearing and of the procedures to be followed.

DCF 56.10 History History: CR 00-020: cr. Register February 2002 No. 554, eff. 3-1-02; CR 10-021: am. (2) Register September 2010 No. 657, eff. 10-1-10.

DCF 56.12 DCF 56.12 Foster parent handbook. A licensing agency shall provide each licensed or prospective foster parent with a copy of the agency’s foster parent handbook prior to or at the time of the issuance of the license to operate a foster home. The foster parent handbook shall include information on the following topics:

DCF 56.12(1) (1) General information, including:

DCF 56.12(1)(a) (a) Overview of the child welfare system.

DCF 56.12(1)(b) (b) Description of the purpose of foster care.

DCF 56.12(1)(c) (c) Overview of the juvenile court system.

DCF 56.12(1)(d) (d) Description of the concept of and procedures for permanency planning, permanence goal options, and concurrent permanency planning.

DCF 56.12(1)(e) (e) Requirements for foster parents to report child abuse or neglect under s. DCF 56.06 (1) (c).

DCF 56.12(1)(f) (f) A brochure that explains the foster parent insurance program and information regarding how to file a claim under that program.

DCF 56.12(1)(g) (g) A brochure that explains the foster care reimbursement and rate structure, including the clothing allowance.

DCF 56.12(1)(h) (h) A brochure that explains the use and parameters of the reasonable and prudent parent standard.

DCF 56.12 Note Note: Form DCF-P-5105, Promoting Normalcy for Children in Out-of-Home Care, is available in the forms section of the department website at http://dcf.wisconsin.gov, or by writing the Division of Safety and Permanence, P.O. Box 8916, Madison, WI 53708-8916.

DCF 56.12(2) (2) Agency-specific information, including:

DCF 56.12(2)(a) (a) Agency expectations of foster parents in working with children’s families and supporting family interaction plans.

DCF 56.12(2)(b) (b) Expectations for foster parents in working with the licensing and placing agencies.

DCF 56.12(2)(c) (c) Confidentiality requirements.

DCF 56.12(2)(d) (d) Description of agency policies and procedures in cases of allegations of child maltreatment against foster parents.

DCF 56.12(2)(e) (e) Procedures in the event of emergencies affecting the foster parent or any foster child.

DCF 56.12(2)(f) (f) Procedures for filing grievances and appeals and the processes used by the agency in responding to such grievances and appeals.

DCF 56.12(2)(g) (g) Procedures for reimbursement for such expenditures as travel costs, clothing for foster children, and school fees.

DCF 56.12(3) (3) Information about caring for children, including:

DCF 56.12(3)(a) (a) Attachment.

DCF 56.12(3)(b) (b) Child development.

DCF 56.12(3)(c) (c) Grief and loss.

DCF 56.12(3)(d) (d) Discipline of foster children.

DCF 56.12(3)(e) (e) Independent living and the transfer of independent living skills.

DCF 56.12(4) (4) Information about resources for foster families, including:

DCF 56.12(4)(a) (a) A description of the support services available through the agency, including the availability of respite care services and how foster parents can access those services.