DCF 56.05(1)(c)2.
2. `Foster home with Level 3 to 5 certification.' In addition to the requirements under
subd. 1., a foster parent who operates a foster home with a Level 3 to 5 certification shall do all of the following, unless otherwise determined by the treatment team:
DCF 56.05(1)(c)2.a.
a. Participate as an active team member in the development, implementation, and evaluation of the treatment plan goals and objectives.
DCF 56.05(1)(c)2.b.
b. Assume primary responsibility for implementing in-home care and treatment strategies specified in the treatment plan.
DCF 56.05(1)(c)2.d.
d. Notify the appropriate treatment team member of any problems or concerns related to operating a foster home with a Level 3 to 5 certification.
DCF 56.05(1)(c)2.e.
e. Participate on a regularly scheduled basis, but at least annually, in the evaluation of his or her performance as a foster parent operating a foster home with a Level 3 to 5 certification under
s. DCF 56.20.
DCF 56.05(1)(d)
(d)
Age. No person younger than 21 years of age may be licensed to operate a foster home, except that a person 18 to 20 years of age may be licensed to provide foster care for a relative.
DCF 56.05(1)(e)1.1. The applicant for an initial license to operate a foster home and all members of the household shall be free of physical or mental conditions that would interfere with the ability of the family to provide care for a foster child or threaten the health or safety of a foster child.
DCF 56.05(1)(e)3.
3. If, at any time, the licensing agency suspects or has reason to believe that the physical or mental health of an applicant, licensee or other household member may pose a threat to the health, safety or welfare of children in care, the licensing agency may require an alcohol or other drug abuse assessment or a physical health or mental health evaluation of the person as a condition for issuing or continuing the license.
DCF 56.05(1)(f)1.a.
a. Before a foster home license is issued or renewed, the applicant and any non-client resident of that person's home who is age 12 or older shall complete the background information disclosure form and shall provide written authorization for the licensing agency to make follow-up contact with the Wisconsin department of justice and any other agency to determine if there is any reason under
subd. 3. why the applicant should not be granted a license or have an existing license renewed.
DCF 56.05 Note
Note: To obtain a master copy of the Background Information Disclosure Form, either download the form at
http://dhs.wisconsin.gov/forms/F8/F82064.pdf or request a copy of the form from the Division of Safety and Permanence Forms Center at Forms Manager, P.O. Box 8916, Madison, WI 53708-8916.
DCF 56.05(1)(f)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 licensing 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 56.05(1)(f)1.c.
c. Before an initial foster home license is issued or a license is renewed after a break in licensure, the applicant and any adult residing in the applicant's home shall provide the licensing agency or its designated agent with information on their places of residence during the 5-year period prior to submission of the license application.
DCF 56.05(1)(f)2.a.
a. Conduct criminal and other background checks in accordance with s.
48.685, Stats., and
ch. DHS 12 before issuing a foster home license or at any time during licensure that the licensing agency considers appropriate.
DCF 56.05(1)(f)2.b.
b. Submit the applicant's fingerprints 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., before an initial foster home license is issued or a license is renewed after a break in licensure.
DCF 56.05(1)(f)2.c.
c. If the licensing agency is informed that the applicant or any adult residing in the applicant's home resided in the state of Wisconsin during the 5-year period prior to the submission of the license application, the licensing agency shall check any child abuse and neglect reports or findings from counties in Wisconsin in which the person is a resident or was a resident within those 5 years before licensure or relicensure after a break in licensure.
DCF 56.05(1)(f)2.d.
d. If the licensing agency is informed that the applicant or any adult residing in the applicant's home resided outside the state of Wisconsin during any period within the 5 years prior to the submission of the license application, the licensing agency shall check any child abuse or neglect registry maintained by any state or other U.S. jurisdiction in which the person is a resident or was a resident within those 5 years for information on child abuse or neglect substantiations or similar findings before licensure or relicensure after a break in licensure.
DCF 56.05(1)(f)2.e.
e. Before an initial foster home license is issued or a license is renewed, the licensing agency shall conduct a reverse search by address of the Wisconsin sex offender registry.
DCF 56.05 Note
Note: A reverse search by address can be done by entering the entity or placement address at
http://wisconsindoc.familywatchdog.us/. The Registry and Family Watchdog information does not contain information on all convicted sex offenders. 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. 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 Registry or Family Watchdog.
DCF 56.05(1)(f)3.
3. Pursuant to s.
48.685, Stats., and
ch. DHS 12, an applicant or licensee is unqualified to hold a license if the applicant or any other nonclient resident living in the household meets any of the following conditions:
DCF 56.05(1)(f)3.a.
a. Is the subject of a pending state or federal criminal charge if the circumstances of the charge substantially relate to caring for children or operating a foster home.
DCF 56.05(1)(f)3.b.
b. Has been convicted of a felony, misdemeanor, or other state or federal offense, the circumstances of which substantially relate to caring for children or operating a foster home or who is otherwise prohibited from licensure by statute or
ch. DHS 12, including any governmental finding that the person misappropriated a client's property.
DCF 56.05(1)(f)4.
4. An applicant or licensee shall immediately notify the licensing agency of any arrests or convictions, any allegations or determinations specified under
subd. 3. b., or investigations of maltreatment of a child under s.
48.981, Stats., relating to the applicant or licensee or any member of the applicant's or licensee's household. This information shall be used by the licensing agency in making a determination to issue or deny a license, to renew or not renew a license, or to revoke a license.
DCF 56.05(2)
(2) Finances. A foster parent shall have a stable income sufficient to meet the foster family's obligations without reliance on the basic maintenance payments received for the care of foster children placed in the foster home. An applicant for a license shall provide the licensing agency with verification of compliance with this subsection.
DCF 56.05(3)(a)(a) An applicant for either initial licensing or for relicensing who plans to transport foster children in his or her vehicle shall provide the licensing agency with documentation of current vehicle liability insurance coverage and shall ensure that the insurance coverage continues in force throughout the term of licensure.
DCF 56.05(3)(b)
(b) If it is anticipated that a foster child will drive the applicant's motor vehicle, the applicant shall ensure that the foster child is covered by the applicant's insurance policy.
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 he or she is unable to obtain the required insurance, the insurance policy that he or she 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.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 he or she 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 414-291-5353.
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.
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)(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 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)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)(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(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)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(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(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.
DCF 56.07(2)(a)(a) An applicant applying on or after September 1, 1990, for an initial license to operate a foster home shall provide a minimum of 200 square feet of living area for each household member, including each foster child, unless a higher minimum is deemed necessary by the licensing agency to accommodate wheelchairs or other special equipment used by a foster child.
DCF 56.07(2)(b)
(b) Doorways and passageways to the common rooms of the foster home, a complete bathroom, and the child's bedroom shall meet standards relating to accessibility in
ch. SPS 362 if either of the following apply:
