• Assist with transportation costs to the school the child was attending prior to placement in out-of-home care.
• Replace a child's basic wardrobe that has been lost or destroyed in a manner other than normal wear and tear.
• For a child placed in a foster home before February 21, 2011, and who remains placed in that foster home, equalize the total monthly payment amount lost by the child's foster parent due to implementation of the new method of determining supplemental payments.
The Fostering Connections to Success and Increasing Adoptions Act of 2008 allows the state to claim federal funds for expenses to assist a foster child with transportation costs to the school the child was attending prior to placement in out-of-home care.
Retainer Fee. A placing agency may provide a monthly retainer fee to a foster parent to maintain openings in a foster home for emergency placements. This fee may not be considered part of the foster care payment for a specific child.
Other
• 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.
• The rule incorporates provisions of DSP Memo Series 2009-05 that was jointly issued by the Department of Health Services and the Department of Children and Families. It provides that a foster parent may not use any type of physical restraint on a foster child unless the foster child's behavior presents an imminent danger of harm to self or others and physical restraint is necessary to contain the risk and keep the foster child and others safe. If physical restraint is necessary, the rule provides certain prohibited practices.
• Supplemental payments for adoption assistance agreements entered into before February 21, 2011, will continue to use the method of determining supplemental payments under s. DCF 56.11 (3), which is renumbered to be s. DCF 50.042 (3). Supplemental payments for adoption assistance agreements entered into on or after February 21, 2011, will use the new method of determining supplemental payments under s.
DCF 56.23.
Summary of factual data and analytical methodologies
The non-statutory requirements of the rule are based on recommendations from the Out-of-Home Care/Adoption Committee and the Foster Parent Training Committee. The committees have worked with the department for the past 5 years to incorporate new federal laws into state law and policy by referring to other state models and national standards of child welfare practice. For the past 2 years, both committees have focused on developing policy to implement the levels of care and foster parent training initiatives in
2009 Wisconsin Act 28. Both committees have statewide membership of staff from counties, tribes, private child-placing agencies, foster and treatment foster parents, court personnel, advocacy agencies, and state government.
The department had two hearings on emergency rule
EmR1050, which corresponds with this proposed permanent rule. The following substantive changes have been made to this proposed rule:
• Added “a college degree in the area of the child's treatment needs" as a criteria that can be combined with parenting or a substantial relationship as a qualification to operate a Level 3 or 4 foster home under ss.
DCF 56.13 (5) (a) 2. and
(6) (a) 2.
• Revised ss.
DCF 56.13 (5) (c) 1. a. and
(6) (c) 1. a. regarding reference letters for applicants for Level 3 and 4 to require that one of the reference letters be regarding the applicant's specified qualifications, excluding a high school diploma.
• Revised language at s.
DCF 56.13 (7) (f) 7. regarding the health exam required for program staff in a Level 5 foster home.
• Added ss.
DCF 56.14 (6d) (b) 2. and
(6h) (b) 2. to allow a Level 3 or 4 foster parent to attend a pre-placement training for which no foster or adoptive parent is a trainer if the licensing agency approves and provides opportunities for the foster parent attending the training to participate in activities or programs that promote networking among foster parents and provide an opportunity for an experienced foster parent to answer questions from the new foster parent. The same provision was also added regarding initial licensing training for a Level 2 foster parent at s.
DCF 56.14 (7) (b) 2.
• Added ss.
DCF 56.14 (6d) (a) 2. and
(6h) (a) 2. to allow a licensing agency to use a curriculum for pre-placement training for Level 3 and 4 foster parents that has been approved by the department.
• Added s.
DCF 56.15 (1m) to provide that if more than one agency is performing supervising responsibilities, the agencies shall specify in writing which agency is responsible for each requirement.
• Added supervising agency caseworker as a person who can be a 24-hour crisis contact for Level 3 to 5 at s.
DCF 56.15 (1) (b) 1.
• Revised s.
DCF 56.15 (1) (b) 4. to require that if required medical supplies and services are not included in a child's treatment plan, the supervising agency and placing agency shall revise the treatment plan to include the required medical supplies and services and to determine financial responsibility.
• Added language at s.
DCF 56.15 (1) (b) 5. to allow a person with a degree and certification in Marriage and Family Therapy or Professional Counseling to be a clinical consultant.
• Added s.
DCF 56.16 (1) (m) on licensing agency participation in rate determination.
• Added language at s.
DCF 56.22 (4) (b) 3. and
4. on licensing agency involvement in gathering and reviewing information before the assessment tool is administered.
• Added information from the supervising agency and the licensing agency that the placing agency must consider for various uses under s.
DCF 56.22 (5) (a).
• Clarified language on determination of a supplemental payment under s.
DCF 56.23 (2).
• Modified s.
DCF 56.23 (3) (a) 1. to allow an exceptional payment to be used to enable a child to remain in a foster home instead of being placed or remaining in a more restrictive setting.
Summary of related federal requirements
Under
45 CFR 1355.32 and
1355.33, the federal Administration for Children and Families conducts a Child and Family Services Review of each state's child welfare system every 5 years. States found not to be operating in substantial conformity with federal requirements shall develop a program improvement plan. The program improvement plan must set forth the goals, the action steps required to correct each identified weakness or deficiency, and dates by which each action step is to be completed in order to improve the specific areas.
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.
42 USC 675 (1) (G) defines “case plan" to include a plan for ensuring the educational stability of the child while in foster care, including an assurance that the state agency has coordinated with appropriate local educational agencies to ensure that the child remains in the school in which the child is enrolled at the time of placement or if remaining in such school is not in the best interests of the child, assurances by the state agency and the local educational agencies to provide immediate and appropriate enrollment in a new school, with all of the educational records of the child provided to the school.
42 USC 674 (4) (A) defines “foster care maintenance payments" as payments to cover the cost of (and the cost of providing) food, clothing, shelter, daily supervision, school supplies, a child's personal incidentals, liability insurance with respect to a child, reasonable travel to the child's home for visitation, and reasonable travel for the child to remain in the school in which the child is enrolled at the time of placement.
As part of the Fostering Connections to Success and Increasing Adoptions Act of 2008,
42 USC 675 (1) (G) was created and
42 USC 674 (4) (A) was amended to add the phrase “reasonable travel for the child to remain in the school in which the child is enrolled at the time of placement."
Comparison with similar rules in adjacent states
The assessment tool prescribed by the department is used statewide in Iowa and Illinois and is used parts of Minnesota and Michigan. Michigan and Illinois have a levels of care system for foster homes.
Analysis and supporting documents used to determine effect on small business or in preparation of an economic impact report
The proposed rule will affect private child-placing agencies, some of which are small businesses. The policies in the rule were developed in collaboration with members of the Foster Parent Training Committee and the Out-of-Home Care/Adoption Committee, which included representatives from child-placing agencies.
Much of the rule is based on current practices of the majority of agencies supporting treatment foster care. The sections on agency responsibilities were part of DCF 38 and have been rewritten into DCF 56 with few changes. Representatives from child-placing agencies indicated that their agencies already require foster parents to have as much or more than the training hours in the proposed rule. Many agencies that serve treatment foster parents and treatment foster children with higher needs already have a levels or intensity system with different foster parent qualifications, training, and payments. The rule will put structure and consistency to the levels of care that will help counties know what services they are purchasing as they work with different private agencies that provide similar services. Existing treatment foster homes will be grandfathered in as Level 3 foster homes and existing shift-staffed treatment foster homes will be grandfathered in as Level 5 foster homes. Some private child-placing agencies will choose to offer Level 4 foster homes and will certify these foster parents under the emergency and proposed rules. The administrative cost will be minimal.
In addition, the department will be providing 6 hours of the new pre-placement training without charge to the agencies. The department is also creating online training to allow agency staff to receive certification and recertification in administering the standardized assessment tool without charge.
Effect on Small Business
The rule will affect small businesses, but will not have a significant economic effect on a substantial number of small businesses.
Small business regulatory coordinator
Fiscal Estimate
Assumptions used in arriving at fiscal estimate
This rule incorporates the administrative rule under Chapter
38 into Chapter
56 to create one universal licensing code for foster care and treatment foster care providers. This is the second phase of creating the Levels of Care system passed in
2009 Wisconsin Act 28. This rule establishes the requirements for certification at levels 3, 4, and 5. A foster home is licensed at these levels based on a number of factors, including the level of knowledge, skill, training, and experience of the licensee. This rule establishes the minimum amount of training at each of these levels. In addition, this rule mandates the use of the Child and Adolescent Needs and Strengths (CANS) rating tool. This rating tools is designed to consistently identify the needs of children, ensure that providers are addressing those needs, and determine reimbursements to foster and treatment foster parents.
The rule will affect counties and the Department, which operates the child welfare program in Milwaukee County. The rule is not anticipated to affect current foster care and treatment foster care providers. Most existing providers meet the qualifications in the rule and existing providers are grandfathered into the rule.
The implementation of the CANS rating tool may identify some unmet needs for children, which could increase the costs of providing services to these children. Also, the CANS rating tool could more appropriately identify a lesser level of need for children who already are receiving special services, which may decrease costs to serve these children. Additionally, providing children with adequate services may reduce the length of stay for children in out-of-home care, reducing long-term costs. The net effect of these scenarios cannot be determined.
State fiscal effect
Indeterminate.
Local fiscal effect
Indeterminate.
Long-range fiscal implications
None.
Agency Contact Person
Jonelle Brom, Bureau of Permanence and Out-of-Home Care, Division of Safety and Permanence, (608) 264-6933,
jonelle.brom@wisconsin.gov.
Notice of Hearing
Commerce
Licenses, Certifications and Registrations, Ch.
Comm 5
NOTICE IS HEREBY GIVEN that pursuant to sections
101.02 (1),
101.02 (15) (j),
101.09,
101.63,
101.654,
101.82,
101.951,
101.985,
145.02, and
145.17 Stats., the Department of Commerce will hold a public hearing on proposed rules under Chapter
Comm 5, relating to licenses, certifications and registrations.
Hearing Information
The public hearing will be held as follows:
Date and Time Location
April 27, 2011 Conference Room 3B
Wednesday Tommy G. Thompson Center
at 10:00 A.M. 201 W. Washington Avenue
Madison, WI 53703
This hearing is held in an accessible facility. If you have special needs or circumstances that may make communication or accessibility difficult at the hearing, please call (608) 266-8741 or (608) 264-8777 (TTY) at least 10 days before the hearing date. Accommodations such as interpreters, English translators, or materials in audio tape format will, to the fullest extent possible, be made available upon a request from a person with a disability.
Appearances at the Hearing and Submittal of Written Comments
Interested persons are invited to appear at the hearing and present comments on the proposed rules. Persons making oral presentations are requested to submit their comments in writing. Persons submitting comments will not receive individual responses. The hearing record on this proposed rulemaking will remain open until
May 6, 2011, to permit submittal of written comments from persons who are unable to attend the hearing or who wish to supplement testimony offered at the hearing. Written comments should be submitted to James Quast, at the Department of Commerce, P.O. Box 2689, Madison, WI 53701-2689, or Email at
jim.quast@wisconsin.gov.
Copies of Proposed Rule
The proposed rules and an analysis of the proposed rules are available on the Internet at the Safety and Buildings Division Web site at
www.commerce.wi.gov/SB/. Paper copies may be obtained without cost from Norma McReynolds, at the Department of Commerce, Program Development Bureau, P.O. Box 2689, Madison, WI 53701-2689, or Email
norma.mcreynolds@wisconsin.gov, or at telephone (608) 267-7907 or TDD Relay dial 711 in Wisconsin or (800) 947-3529. Copies will also be available at the public hearing.
Analysis Prepared by the Department of Commerce
Statute(s) interpreted
Statutory authority
Explanation of agency authority
Chapter
101, Stats., authorizes the Department of Commerce to adopt reasonable and proper rules relative to the exercise of its powers and authorities, including the issuance and renewal of various credentials to businesses and individuals related to building construction and petroleum storage tanks. Chapter
145, Stats., grants the Department authority to promulgate rules governing plumbers and automatic fire sprinkler system installers.
Related statute or rule
None known.
Summary of proposed rules
For the most part the proposed rule revisions are non-substantive in nature; correcting or providing consistent format, eliminating irrelevant dates, updating referenced national standards to current editions; clarifying registration obligations; and revising terminology to reflect statutory changes (
2009 Wisconsin Act 291).
There are three substantive revisions:
• Establishing qualifying provisions for individuals applying to take the certification exam for automatic sprinkler fire sprinkler system testers. Applicants would be required to complete either level II NICET certification in the inspection and testing of water-based automatic fire sprinkler systems, or level I or II fire protection system contractor license issued by the Florida state fire marshal.
• Establishing 12 hours of continuing education obligations for automatic fire sprinkler system testers for the renewal of the certifications on and after January 1, 2014.
• Reducing the continuing education obligations for utility contractor license renewal from 12 hours to 6 hours.
Comparison with existing or proposed federal regulations
Relative to the substantive provisions of the proposed rules revisions, the federal government does not license plumbers or individuals who test automatic fire sprinkler systems.
Comparison with similar rules in adjacent states
An Internet based search relative to the proposed substantive revisions concerning automatic fire sprinkler system testers and utility contractors did not find any credentialing provisions for these specific categories in Illinois, Iowa, Michigan or Minnesota, although the states do have licensing provisions for automatic fire sprinkler systems and plumbing.
Summary of factual data and analytical methodologies
