○ Clothing
□ The licensee shall ensure that funds allocated for the purchase of clothing for foster children are used in such a manner and 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.
□ 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 he or she leaves the foster home.
○ Personal belongings
□ When a foster child leaves a foster home, he or she 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.
○ 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.
○ Education
□ The foster parent shall make every reasonable effort to participate, as appropriate, in school activities involving foster children in their care.
□ 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.
□ Foster children shall be given the opportunity to develop appropriate friendships with schoolmates and to visit their friends.
□ 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.
□ 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.
The rule provides that the Department exceptions panel may grant waivers of the following non-safety related standards in ch.
DCF 56 when a relative foster home is licensed:
•
Documents that an applicant must submit when applying for a license:
○ The applicant must submit verification of homeowner's or renter's liability insurance coverage or a request for a waiver. A licensing agency need not retain a copy of the documentation in its files.
•
Requirements for the physical environment
○ Sleeping arrangements
□ No foster child one year of age or older may regularly share a bedroom with an adult unless a physician determines that it is medically necessary and the licensing agency approves.
○ Heating
□ No foster home may be maintained at any time at a temperature of less than 68 degrees Fahrenheit during waking hours or 58 degrees Fahrenheit during sleeping hours unless written approval has been obtained from the licensing agency.
Other Changes To Foster Care Rules
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Agency contact. A licensing agency or placing agency shall have at least one contact per month with a foster parent who operates a foster home with a Level One or Level 2 certification if a child is placed in the foster home.
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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.
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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.
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Prohibit co-sleeping with infant. Each infant child, birth to 12 months of age, shall sleep alone in a crib, bassinet, or playpen.
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Sibling and parental connections. Licensing agencies may grant an exception to allow more than 4 but no more than 8 foster children in a foster home if necessary to keep to keep siblings together or a minor parent and minor child together. Licensing agencies shall apply to the department exceptions panel to place more than 8 children in a foster home if necessary to keep siblings together or to keep a minor parent and minor child together.
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Background check. 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. The background check section is also updated based on changes to s.
48.685 (2) (c), Stats., and
42 USC 671(a)(20).
•
Vehicle liability insurance. Waivers of motor vehicle liability insurance may no longer be granted. Section
344.62, Stats., requires motor vehicle liability insurance effective June 1, 2010.
•
Child safety restraint systems. The rule incorporates the requirements of s.
347.48 (4), Stats.
Summary of factual data and analytical methodologies
The non-statutory requirements of the rule are based on recommendations from the Foster Parent Training Committee, the Out-of-Home Care/Adoption Committee, and listening sessions held by the Department regarding implementation of levels of care.
Comparison with federal requirements
In general, a state can be eligible for federal funding under Title IV-E of the Social Security Act for foster care assistance if:
•
The child was removed and placed in foster care in accordance with either of the following:
○ A voluntary placement agreement between the state agency, or any other agency acting on behalf of the state, and the parents or guardians. If the child has remained in voluntary placement for a period in excess of 180 days, a judicial determination must be made.
○ A judicial determination that:
□ The placement is in the best interests of the child.
□ Continuation in the home from which removed would be contrary to the welfare of the child and that reasonable or, in the case of an Indian child, active efforts have been made to preserve and unify the family, with the child's health and safety as the paramount concern.
•
The child's placement and care are the responsibility of the state agency or any other public agency with which the state has made an agreement.
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The child has been placed in a foster family home, treatment foster home, group home, shelter care, or residential care center for children and youth.
•
The child, while in the home, would have met the eligibility criteria for Aid to Families with Dependent Children as the program existed on July 16, 1996.
42 USC 671(a)(24) requires that the state plan for foster care and adoption assistance include a certification that, before a child in foster care under the responsibility of the state is placed with prospective foster parents, the prospective foster parents will be prepared adequately with the appropriate knowledge and skills to provide for the needs of the child, and that such preparation will be continued, as necessary, after the placement of the child.
45 CFR 1355(a) includes in the definition of “foster family home" a provision that states may claim Title IV-E reimbursement during the period of time between the date a prospective foster family home satisfies all requirements for licensure and the date the actual license is issued, not to exceed 60 days.
42 USC 671(a)(31) provides that a state must provide that reasonable efforts are made to place siblings removed from their home in the same foster care, kinship guardianship, or adoptive placement, unless the state documents that such joint placement would be contrary to the safety or well-being of any of the siblings. If siblings are not jointly placed, the state must provide for frequent visitation or other ongoing interaction between the siblings, unless that frequent visitation or other ongoing interaction would be contrary to the safety or well-being of any of the siblings.
42 USC 671(a)(20) provides that a state must provide procedures for criminal records checks, including fingerprint-based checks of national crime information databases, for all prospective foster or adoptive parents. A state must also check any child abuse and neglect registry maintained by the state or another state in which any prospective foster or adoptive parent or other adult living in the home has resided in the preceding 5 years.
Comparison to rules in adjacent states
Michigan
Michigan is operating its child welfare system under the terms of a settlement agreement in the class action lawsuit Dwayne B. v. Granholm. The settlement was approved on October 24, 2008. One of the goals of the settlement agreement is increased supervision, services, and support to children placed in relative care. The settlement agreement includes the following provisions:
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Other than certain exceptional circumstances, all foster parents shall be licensed. Relative caregivers of all children who enter state foster care custody on or after 10/1/08 must be licensed. The department will implement a plan to license current unlicensed relative caregivers in a phased-in time period. Unlicensed relative providers must still meet the same safety standards as nonrelative providers. The settlement monitor shall conduct a review of the department's implementation of the settlement if more than 10% of unlicensed relative caregivers decline to be licensed.
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All licensed relative foster care providers shall receive the same foster care maintenance rates as similarly situated unrelated foster care providers. Historically, relative caregivers were encouraged to apply for public assistance and would be eligible for a child-only grant regardless of income. A relative caregiver would only be eligible for a standard foster care payment if the parental rights of the child's parents were terminated.
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The department will publicize the procedures on obtaining variances from standard foster care licensing requirements for purposes of licensing relative homes. The department shall not waive any licensing standards that are essential for the safety and well-being of the child.
The department may grant a variance from an administrative rule if the proposed variance assures that the health, care, safety, protection, and supervision of a foster child are maintained.
Minnesota:
A license is required for foster care by an individual who is a relative to the child except for an unlicensed emergency relative placement. In licensing a relative, the commissioner shall consider the importance of maintaining the child's relationship with relatives as an additional significant factor in determining whether a background study disqualification should be set aside or a variance should be granted.
A license applicant or license holder may request, in writing, a variance from rule requirements that do not affect the health, safety, or rights of the child or others. A variance request must include alternative equivalent measures the foster care applicant or license holder will take to ensure the health and safety of children if the variance is granted.
Illinois:
Relatives who care for children for whom the Department is legally responsible may, but need not, apply for licensure as a foster family home. Only placements in licensed foster family homes receive the foster care payment rate. Relatives who are unlicensed receive the child-only standard of need.
Unless prohibited by law, the director of the department may waive, or may conditionally waive, any requirement in the foster care licensing rules if doing so is in the best interest of the foster care children.
Iowa:
Relatives who are caring for a child may be eligible to receive financial assistance through foster care or a child-only or family grant under the state's Temporary Assistance to Needy Families program. To receive foster care payments, a relative must be licensed as a foster parent.
On a case-by-case basis, the service area manager or area social work administrator may waive any licensing standard unless the requirement is set in state or federal law or the waiver could have a negative impact on the safety and well-being of a child placed in the foster family home.
Analysis used to determine effect on small businesses
The proposed rule will affect private child-placing agencies, but the effect will be minimal.
Small Business Impact
The proposed rule will affect small businesses as defined in s.
227.114 (1), Stats., but will not have a significant economic impact on a substantial number of businesses.
The Department's Small Business Regulatory Coordinator is Elaine Pridgen, (608) 267-9403, elaine.pridgen@ wisconsin.gov.
Fiscal Estimate
Assumptions used in arriving at fiscal estimate
The rule implements the first two levels of the Graduated Licensing and Levels of Care policy, as directed in
2009 Wisconsin Act 28. This rule establishes the requirements for certification at these two levels of care. A foster home at these two levels is certified based on a number of factors, including the level of knowledge, skill, training and experience of the licensee, the level of responsibilities expected, and the needs of the child. The rule also establishes training requirements for these levels of licensure.
These changes will affect counties and the Department, which operates the child welfare program in Milwaukee County. The fiscal impact of these changes was included in the biennial budget; therefore implementation of these rules is not anticipated to have a fiscal effect.
Additionally, by not implementing the rule, DCF stands to lose a substantial amount of federal revenue. By licensing current court-ordered Kinship Care providers, Act 28 assumes that the Department will be able to claim an additional $6,524,300 in IV-E revenue as a result of the policy. Without the rule, DCF will not be able to require these providers to get certified and will lose the additional revenue assumed in Act 28.
State fiscal effect
None.
Local government fiscal effect
None.
Long-range fiscal implications
None.
Agency Contact Person
Jonelle Brom
Bureau of Permanence and Out-of-Home Care
Division of Safety and Permanence
Phone: (608) 264-6933
Notice of Hearing
Commerce
NOTICE IS HEREBY GIVEN that pursuant to ss.
101.02 (1) and
(15) (a) and
(i), and
101.123 (6), Stats., the Department of Commerce will hold a public hearing on proposed rules to create Chapter
Comm 6, relating to no smoking.
