DCF 56.09(1m)(cm)(cm) Placement continuity exception. Notwithstanding par. (a), for the purpose of maintaining previous existing connections, a licensing agency may grant an exception to allow 7 or fewer foster children in a foster home. A licensing agency shall apply to the department exceptions panel to place 8 or more children in a foster home if necessary to allow a child who was previously placed in the foster home and was on a trial reunification or a child who is under a voluntary transition-to-independent living agreement to return to the foster home. The licensing agency shall follow the requirements established under s. DCF 56.02 (2) when granting or requesting an exception under this paragraph and shall modify the license to reflect a reduction in the number of foster children in the home if any of the children leave.

DCF 56.09(1m)(d)(d) Number of children in a foster home with Level 3 to 5 certification. Notwithstanding par. (a), a licensing agency may limit the number of children for whom a foster home with a Level 3 to 5 certification may provide care and maintenance to fewer than 4.

DCF 56.09(1m)(e)(e) More than 2 children in a foster home with a Level 3 to 5 certification. If a licensing agency plans to place or places more than 2 foster children in a foster home with a Level 3 to 5 certification, the licensing agency shall notify any placing agency or supervising agency with a child already placed in the home. The notice shall be in writing and sent to the placing agency or supervising agency prior to placement of the third or fourth child, if possible. If written notice prior to the additional placement is not possible, the licensing agency shall verbally notify any placing agency or supervising agency prior to the placement and subsequently provide written notice.

DCF 56.09(1m)(f)(f) Total number of individuals receiving care. The number of individuals receiving care in a foster home, including the combined total of foster children, minor children of the foster parent, other children, and adults who need care may not exceed the following:

DCF 56.09(1m)(g)(g) Children under 2 years of age. A foster parent may not regularly provide care for more than 2 children under 2 years of age, including the combined total of foster children, minor children of the foster parent, and any other children.

DCF 56.09(2)(a)(a) The licensee may not combine the care of foster children with regular part-time care of other non-related children or adults or conduct business or provide services in the foster home without the written approval of the licensing agency. The licensing agency shall confer with any other certifying or licensing agencies involved with the additional activities before granting approval and may approve a request only if the foster parent presents satisfactory evidence that the additional activities will not interfere with the quality or manner of care provided to foster children. The licensing agency may not allow a foster parent who operates a foster home with a Level 3 to 5 certification to also operate a licensed family child care center under ch. DCF 250 or a certified child care home under ch. DCF 202 in the foster home.

DCF 56.09(2)(b)(b) Both foster parents may not be employed away from the home on a full-time, part-time or seasonal basis without written approval of the licensing agency. When there is only one foster parent, that person may not be employed away from the home without written approval of the licensing agency. Approval by the licensing agency for this employment shall depend on the foster parent or parents presenting satisfactory evidence that there are suitable plans for the care of the children and for responding in emergency situations during the absence of the foster parent or parents from the home.

DCF 56.09(2)(c)(c) A person who provides child care for a foster child for compensation on a regular basis in a location other than the child’s foster home shall be certified under ch. DCF 202 or licensed under ch. DCF 250, 251, or 252.

DCF 56.09(2)(d)(d) A licensee may not leave foster children under 10 years of age without supervision by a responsible care provider.

DCF 56.09(2)(e)(e) A licensee shall ensure that foster children 10 years of age or older receive responsible supervision appropriate to their age, maturity and abilities as might reasonably be provided by a prudent parent to that parent’s own children. An agency may not create supervision policies that interfere with a foster parent’s ability to make reasonable and prudent parenting decisions concerning the child’s participation in age or developmentally appropriate extracurricular, enrichment, cultural, and social activities under s. DCF 56.09 (2m).

DCF 56.09(2)(f)(f) A foster parent shall secure authorization from the supervising agency before taking a foster child out of state for a period longer than 48 hours.

DCF 56.09(2)(g)(g) A foster parent shall secure approval of the supervising agency before making plans for the care of a foster child by any other person in or away from the foster home for any period in excess of 48 hours. Pursuant to specified information in the placement agreement for a foster child, the supervising agency may require a foster parent to secure agency authorization for periods less than 48 hours.

DCF 56.09(2m)(a)(a) Family-like environment. A foster parent shall promote normalcy and the healthy development of a child placed in the foster home with a family-like environment that supports the child’s right to participate in extracurricular, enrichment, cultural, and social activities and have experiences that are similar to those of the child’s peers.

DCF 56.09(2m)(b)(b) Reasonable and prudent parent standard. When a foster parent is making a decision concerning participation in an activity by a child placed in the foster home, the foster parent shall use a decision-making standard that is characterized by careful and sensible parental decisions that maintain the health, safety, best interests, and cultural, religious, and tribal values of a child while at the same time encouraging the emotional and developmental growth of the child, if the activity meets the conditions in subd. 1. and 2., as follows:

DCF 56.09(2m)(b)1.1. ‘Areas covered by the standard.’ The child is participating or wants to participate in extracurricular, enrichment, cultural, or social activities, including all of the following:

DCF 56.09(2m)(b)2.2. ‘Age or developmentally appropriate activities.’ The child is participating or wants to participate in activities that are suitable based on any of the following criteria:

DCF 56.09(2m)(b)2.a.a. Activities that are generally accepted as suitable for children of the same chronological age or level of maturity or that are determined to be developmentally appropriate for a child based on the cognitive, emotional, physical, and behavioral capacities that are typical for children of the same age or age group.

DCF 56.09(2m)(c)(c) Decision-making factors. When applying the reasonable and prudent parent standard to a decision concerning a child’s participation in an extracurricular, enrichment, cultural, or social activity, the foster parent shall consider all of the following: