DCF 56.055 Background checks. DCF 56.06 Notification requirements. DCF 56.07 Physical environment. DCF 56.072 Emergency preparedness. DCF 56.074 Foster child’s additional needs. DCF 56.076 Firearms and other dangerous weapons. DCF 56.078 Transportation. DCF 56.09 Care of a foster child. DCF 56.12 Information for foster parents. DCF 56.13 Foster home level of care certification for Levels 1 to 4. DCF 56.135 Level 5 foster homes. DCF 56.14 Foster parent training. DCF 56.15 Supervising or placing agency. DCF 56.16 Licensing agency responsibilities. DCF 56.17 Child’s treatment team for Levels 3 to 5. DCF 56.185 Agency contact with foster parent and foster child. DCF 56.21 Respite care for foster parents. DCF 56.22 Assessment of needs and strengths. DCF 56.23 Supplemental payments, exceptional payments, initial clothing allowance, and retainer fee. DCF 56.25 Relative or like-kin foster homes.
Ch. DCF 56 NoteNote: Sections PW-CY 40.60 to 40.65 as they existed on March 31, 1983 were repealed and a new chapter HSS 56 was created effective April 1, 1983. Chapter HSS 56 as it existed on February 28, 2002, was repealed and a new chapter HFS 56 was created, Register February 2002 No. 554, effective March 1, 2002. Chapter HFS 56 was renumbered to chapter DCF 56 under s. 13.92 (4) (b) 1., Stats., Register November 2008 No. 635. 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 HistoryHistory: 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 56.03DCF 56.03 Definitions. In this chapter: DCF 56.03(1d)(1d) “Age or developmentally appropriate activities” means activities that are generally accepted as suitable for children of a given 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 a given age or age group or, in the case of a specific foster child, activities that are suitable for the foster child based on the cognitive, emotional, physical, and behavioral capacities of that foster child. DCF 56.03(1g)(1g) “Algorithm” means a composite score based on items demonstrated to be relevant to decision making on a particular topic such as level of need or service provision. DCF 56.03(1r)(1r) “Applicant” means a person who applies for a license to operate a foster home, for renewal of a license to operate a foster home or for modification of a license to operate a foster home. DCF 56.03(2)(2) “Basement” means the portion of a foster home below the first floor. DCF 56.03(3)(3) “Basic maintenance payment” means a payment to reimburse a foster parent for the cost of a foster child’s food, clothing, housing, basic transportation, and personal items, as established by s. 48.62 (4), Stats. DCF 56.03(3m)(3m) “Biopsychosocial assessment” means an assessment of a foster child’s disability, measurement of the behavioral and cognitive correlates of the disability, assessment of how psychosocial and environmental factors influence how the foster child copes with the disability, a review of biological factors that affect the disability, and an identification of possible treatments for the disability. DCF 56.03(6s)(6s) “Child welfare professional” means an individual who is responsible for ensuring the health, safety, and well-being of foster children and is employed by a county agency, tribal child welfare agency, licensed child-placing agency, or, in a county with a population of 750,000 or more, the department. DCF 56.03(7)(7) “County agency” means a county department of social services under s. 46.215 or 46.22, Stats., or a county department of human services under s. 46.23, Stats. DCF 56.03(8m)(8m) “Court order” means an order of a state court or tribal court. DCF 56.03(9)(9) “Department” means the Wisconsin department of children and families. DCF 56.03(10)(10) “Department exceptions panel” or “exceptions panel” means the group authorized to grant exceptions under s. DCF 56.24 (2). DCF 56.03(10g)(10g) “Division of hearings and appeals” means the division of hearings and appeals in the department of administration. DCF 56.03(11)(11) “Exit” means a continuous and unobstructed means of egress from inside the foster home to the exterior of the foster home, including intervening halls, balconies, ramps, fire escapes, stairways, and windows. DCF 56.03(11r)(11r) “Family interaction plan” means a plan developed by a placing agency to promote a foster child’s interaction with the foster child’s parent, siblings, and other identified persons and includes interaction by in-person or virtual face-to-face contact; telephone calls; texts; instant messages; letters; emails; and attendance at routine activities, such as, family gatherings, medical or treatment-related appointments, school events, and faith-related activities. DCF 56.03(11s)(11s) “Final substantiated finding” means all of the following: DCF 56.03(11s)(a)(a) A final determination made after January 1, 2015, that a person has abused or neglected a child under s. 48.981 (3) (c) 5m., Stats., and s. DCF 40.04 if the final determination has not been reversed or modified on appeal. DCF 56.03(11s)(b)(b) A determination made before January 1, 2015, that a person has abused or neglected a child under s. 48.981 (3) (c) 4., Stats., if the determination has not been reversed or modified on appeal. DCF 56.03(12)(12) “Foster care” means care and maintenance provided to a foster child in a foster home pursuant to a court order, voluntary placement agreement, or voluntary transition-to-independent-living agreement. DCF 56.03(13)(13) “Foster child” means a person under 21 years of age who is placed for care and maintenance in a foster home by the department, a county agency, a tribal child welfare agency, or a licensed private child-placing agency by court order, voluntary placement agreement, or voluntary transition-to-independent-living agreement. DCF 56.03(15)(15) “Foster parent” means a person with primary responsibility for the care and supervision of one or more foster children placed in the foster home and in whose name the foster home is licensed under this chapter. DCF 56.03(16)(16) “Guardian” means a person or agency appointed as provided under s. 48.023, Stats., or a substantially similar tribal law. DCF 56.03(19)(19) “Home-based private educational program” means a program of educational instruction provided to a child by the child’s parent or guardian or by a person designated by the parent or guardian. An instruction program provided to more than one family unit does not constitute a home-based private educational program. DCF 56.03 NoteNote: A “home-based private educational program” is commonly known as home-schooling.
DCF 56.03(20)(20) “Household member” means any person living in a foster home, whether or not related to the foster parent. DCF 56.03(20p)(20p) “Indian tribe” means any Indian tribe, band, nation, or other organized group or community of Indians that is recognized as eligible for the services provided to Indians by the U.S. secretary of the interior because of their status as Indians. DCF 56.03(21)(21) “Legal custodian” means the person or agency to whom a court has transferred a child’s legal custody and who thereby has the right and duty to protect, train and discipline the child and to provide for the child’s care and needs. “Legal custody” has the meaning prescribed in s. 48.02 (12), Stats. DCF 56.03(21g)(21g) “Level of care” means the intensity of services that is best able to meet the needs of a foster child who has been assessed with a corresponding level of need. DCF 56.03(21r)(21r) “Level of need” means a rating of a foster child that is used to inform decision making on placement and service provision. The level of need is derived from an algorithm that is based on an assessment of a foster child’s functioning. DCF 56.03(22)(22) “Licensed private child-placing agency” means an agency licensed by the department under s. 48.60, Stats., and ch. DCF 54 to license a person to operate a foster home and to place children in foster homes and other out-of-home care facilities. DCF 56.03(24)(24) “Licensing agency” means the department, a county agency, tribal child welfare agency, or a licensed private child-placing agency that may issue a license to operate a foster home under this chapter. DCF 56.03(24m)(24m) “Like-kin” means an individual who has a significant emotional relationship with a child or the child’s family that is similar to a familial relationship and who is not and has not previously been the child’s foster parent. For an Indian child, “like-kin” includes individuals identified by the child’s tribe according to tribal tradition, custom or resolution, code, or law. DCF 56.03(26m)(26m) “Medical provider” means a physician, physician assistant, or an advanced practice nurse prescriber. DCF 56.03 NoteNote: “Physician” and “physician assistant” are defined in s. 990.01, Stats. DCF 56.03(27)(27) “Motor vehicle” means a private automobile, motorcycle, van, bus or truck. DCF 56.03(27r)(27r) “Normalcy” means a foster child’s ability to easily engage in healthy and age or developmentally appropriate activities that promote well-being, such as participation in social, scholastic, and enrichment activities. DCF 56.03(29)(29) “Out-of-home care” means when a child is under the placement and care responsibility of an agency in a foster home, group home, residential care center for children and youth, or shelter care facility, in the home of a relative other than a parent, in the home of like-kin, in the home of a person not a relative or like-kin, or in a court-ordered supervised independent living arrangement. DCF 56.03(30)(30) “Permanency plan” means a plan required under s. 48.38 (2) or 938.38 (2), Stats., that is designed to ensure that a child placed in out-of-home care is safely reunified with their parent, guardian, or Indian custodian whenever appropriate, or that the child quickly attains a safe placement or home providing long-term stability. DCF 56.03(33m)(33m) “Placing agency” means a licensed private child-placing agency, a county agency, a tribal child welfare agency, the department, or a licensed child welfare agency from another state authorized to place children in foster homes. DCF 56.03(34)(34) “Premises” means the foster home and the tract of land on which it is situated, including all other buildings and structures on that land. DCF 56.03(34h)(34h) “Program staff” means staff in a Level 5 foster home who are responsible for daily supervision of a foster child and providing direct care to the foster child to ensure their safety and well-being. DCF 56.03(34m)(34m) “Reasonable and prudent parent standard” means a standard for use in making decisions concerning a foster child’s participation in age or developmentally appropriate extracurricular, enrichment, cultural, and social activities that is characterized by careful and sensible parental decisions that maintain the health, safety, best interests, and cultural, religious, and tribal values of the foster child while at the same time encouraging the emotional and developmental growth of the foster child. DCF 56.03(34n)(34n) “Relative” has the meaning given in s. 48.02 (15), Stats., except that it does not include a parent. DCF 56.03(34t)(34t) “Respite care” means care and services provided to a foster child during the absence of the foster parent. DCF 56.03(35)(35) “Responsible care provider” means a person the foster parent believes has the ability and maturity to care for a foster child for the time that the foster child will be in that person’s care. DCF 56.03(36)(36) “Supervising agency” means the agency responsible for overseeing the care and maintenance of a child placed in out-of-home care, which may be a county agency, a tribal child welfare agency, the department, or a licensed private child-placing agency. DCF 56.03(37)(37) “Team” means the group appointed by the placing and supervising agencies to assess a foster child, develop and implement the permanency plan, and evaluate the foster child’s progress for a foster child with a level of need of 1 to 2 who is placed in a foster home. DCF 56.03(37e)(37e) “Treatment” means the combination of therapies, services, and care designed to assist a foster child in achieving established measurable and behavioral goals and objectives based upon the information gathered through the assessment process. DCF 56.03(37m)(37m) “Treatment plan” means the comprehensive services plan developed by the treatment team for a foster child with a level of need of 3 to 5 who is placed in a foster home with a Level 3 to 5 certification. DCF 56.03(37s)(37s) “Treatment team” means the group appointed by the placing and supervising agencies to assess a foster child, develop and implement the treatment plan, and evaluate the foster child’s progress for a foster child with a level of need of 3 to 5 who is placed in a foster home with a Level 3 to 5 certification.
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