DCF 56.01(1) (1) This chapter is promulgated under the authority of ss. 48.62, 48.64 (4), and 48.67, Stats., to establish licensing requirements for foster homes and foster parents directed at protecting the health and safety and promoting the welfare of children placed in the homes; to establish a fair hearing procedure for foster parents; to establish requirements for certification of a foster home with a level of care and requirements for assessment of a child’s needs and strengths; and to establish criteria for making supplemental and exceptional payments to foster parents.

DCF 56.01(2) (2) A license to operate a foster home does not entitle the holder to placements of children who need foster care since placement decisions are based on a variety of factors, including the compatibility of what a specific child needs with what a particular foster parent can offer.

DCF 56.01 Note Note: Public licensing agencies are required to provide a foster home license to any applicant who meets the requirements under this chapter. An agency is not, however, required to place children with a licensee simply by virtue of the fact that they have a foster home to license.

DCF 56.01 History History: CR 00-020: cr. Register February 2002 No. 554, eff. 3-1-02; EmR0937: emerg. am. (1), eff. 1-1-10; CR 10-021: am. (1) Register September 2010 No. 657, eff. 10-1-10; EmR1050: emerg. am. (1), eff. 1-1-11; CR 10-148: am. (1) Register August 2011 No. 668, eff. 9-1-11.

DCF 56.02 DCF 56.02 Applicability.

DCF 56.02(1) (1) To whom the rules apply. This chapter applies to all persons proposing to provide or who are providing foster care for children in a foster home and to the department; county agencies under s. 46.215, 46.22, or 46.23, Stats.; and licensed private child-placing agencies.

DCF 56.02(2) (2) Exception to a requirement.

DCF 56.02(2)(a) (a) Licensing agency authority.

DCF 56.02(2)(a)1. 1. A licensing agency may grant an exception to any requirement in this chapter if the licensing agency determines that the exception will not jeopardize the health, safety or welfare of the foster children, except that the licensing agency may not grant an exception to any of the following requirements: ss. DCF 56.04 (1), (2), (4) (a) 1., 2., 5., 5m., 8., or 9. or (b) 2., (6), (7) or (8), 56.05 (1) (a), (b) 1. b. or p., 2. b., d., or g., (c) 1. b., c., d., e., g., h., i., j., k., L., m., n., or 2., (d), (f), or (3) (a), 56.06, 56.07 (3) (a), (4) (b), (c), (e), (f), (g), or (h), (5) (a), (6), or (10) (a), 56.08 (1), (2), (3), (4), (5), (6) (c) 1., 2., 3. or 4. a., (7) (a) 3., (8) (a), or (c), (10), or (10m), 56.09 (1), (1g), (1m) (a) to (f), (2) (c), (2m), (3), (4) (c), (d) or (dm), (5), (9), (11), or (12) (a), (c) or (d), 56.12, 56.13 (1), (2), (3), (4) (a) 1., 2., or (b), (5) (a), (b) 1. or 2., (c), (6) (a), (b) 1. or 2., (c), (7), (8), 56.14 (1), (2), (3), (4), (5), (6), (6d), (6h), (6p), (6t), (7), (7e), (7m), (7s), (8) (a) or (b) 3., 56.15, 56.16, 56.18, 56.19, 56.21 (2), 56.22, or 56.23.

DCF 56.02(2)(a)2. 2. An applicant or licensee wanting an exception to a nonstatutory requirement in this chapter that the licensing agency has authority to grant shall submit a written request to the licensing agency stating the specific provision of this chapter for which an exception is requested, the justification for the requested exception and an explanation of any alternative provision planned to meet the intent of the requirement.

DCF 56.02(2)(a)3. 3. Any exception granted under subd. 2. or par. (b) shall be specifically cited on the license and shall be in effect only as long as the conditions under which the exception was granted remain but no longer than 2 years from the date on which the exception is granted or the date the license terminates, whichever occurs first, by which time the licensing agency shall determine if there is continued justification for the exception. In addition, the licensing agency may impose conditions to be met within a specified period of time by the licensee as an alternative to compliance with the requirement for which an exception has been granted.

DCF 56.02(2)(b) (b) Department exceptions panel.

DCF 56.02(2)(b)1. 1. An applicant or licensee wanting an exception to a nonstatutory requirement in this chapter that the licensing agency may not grant may ask the department exceptions panel to grant the exception, with the approval of the licensing agency. A request for an exception under this paragraph shall be in writing on a form prescribed by the department.

DCF 56.02 Note Note: Copies of the Department’s request form, “Application to DCF Exceptions Panel for Exception to Ch. DCF 56,” can be obtained from the licensing agency or by visiting the Department’s website at: https://dcf.wisconsin.gov/cwportal/fc/forms.

DCF 56.02(2)(b)2. 2. Any request under subd. 1. shall include all of the following information:

DCF 56.02(2)(b)2.a. a. The name of the applicant or licensee.

DCF 56.02(2)(b)2.b. b. The address of the applicant or licensee.

DCF 56.02(2)(b)2.c. c. The citation for the specific requirement for which an exception is requested.

DCF 56.02(2)(b)2.d. d. The rationale for the request.

DCF 56.02(2)(b)2.e. e. An explanation of any alternative provision planned to meet the intent of the requirement.

DCF 56.02(2)(b)2.f. f. The signature of the applicant or licensee and the date on which the applicant or licensee signed the request.

DCF 56.02(2)(b)3. 3. The applicant or licensee shall submit the completed request form to the licensing agency.

DCF 56.02(2)(b)4. 4. In the space indicated on the exception request form, the licensing agency’s authorized representative shall state whether the licensing agency supports the request, does not support the request, or supports some alternative to the request and shall justify the licensing agency’s position and sign and date the request form.

DCF 56.02(2)(b)5. 5. If the licensing agency approves the request or some alternative to the request, the licensing agency shall submit the completed request form to the department within 10 working days after the agency’s receipt of the request form from the applicant or licensee. The licensing agency shall not submit to the department any request that it does not support.

DCF 56.02(2)(b)6. 6.

DCF 56.02(2)(b)6.a. a. The department exceptions panel shall, in writing, indicate its approval or disapproval of the request within 10 working days after the department receives the request form from the licensing agency and has all the information required to make its decision.

DCF 56.02(2)(b)6.b. b. Notwithstanding subd. 6. a., the department exceptions panel shall, in writing, indicate its approval or disapproval of an application for certification to operate a Level 5 foster home under s. DCF 56.13 (7) (a) within 45 working days after the department receives the application from the licensing agency and has all the information required to make its decision.

DCF 56.02(2)(b)7. 7.

DCF 56.02(2)(b)7.a. a. The department exceptions panel shall consist of at least 3 persons who collectively are knowledgeable about the foster care program, licensing practices and any special needs of children who may be served by the applicant for an exception.