Chapter DCF 56

DCF 56.13(6)(c)1.b. b. The fourth favorable reference letter shall be from a relative, preferably from an adult child if applicable.

DCF 56.13(6)(c)2. 2. ‘Content.’ Each reference letter shall include a statement indicating all of the following:

DCF 56.13(6)(c)2.a. a. How long the person giving the reference has known the applicant.

DCF 56.13(6)(c)2.b. b. Under what circumstances the person knows the applicant.

DCF 56.13(6)(c)2.c. c. His or her knowledge of the applicant’s qualifications and characteristics under s. DCF 56.05 (1) (b).

DCF 56.13(7) (7) Level 5 exceptional treatment foster home.

DCF 56.13(7)(a) (a) Need for Level 5. An applicant for certification to operate a Level 5 foster home, in conjunction with a licensing agency, may apply to the department exceptions panel if all of the following circumstances exist:

DCF 56.13(7)(a)1. 1. A placement is needed for a child with the following conditions:

DCF 56.13(7)(a)1.a. a. The child has behaviors or conditions that require a high degree of supervision and overnight awake care that is provided by program staff who rotate shifts within a 24-hour period.

DCF 56.13(7)(a)1.b. b. The child will benefit from a home-like environment that has fewer children than a group home or residential care center for children and youth.

DCF 56.13(7)(a)1.c. c. The child is expected to need long-term care or has needs agreed to by the department.

DCF 56.13(7)(a)2. 2. All other community placement options have been investigated and determined to be unavailable or not in the best interest of the child.

DCF 56.13 Note Note: A foster home with a Level 4 or lower certification level and additional staff that provide less than 50% of a child’s care should be considered as the first option when the child needs additional treatment or services.

DCF 56.13(7)(b) (b) Clarify specific and limited circumstances before submitting an application. Prior to submitting an application to operate a Level 5 foster home, a licensing agency shall inform the department exceptions panel chairperson of the agency’s intent, discuss the agency’s plans, and clarify department requirements for certification of a Level 5 foster home.

DCF 56.13(7)(c) (c) Application. An application for certification to operate a Level 5 foster home shall be on a form prescribed by the department and shall include all of the following:

DCF 56.13(7)(c)1. 1. A program description, information on personnel, and information on a specific child or the population to be served.

DCF 56.13(7)(c)2. 2. If for a specific child, letters on the appropriateness of a Level 5 foster home for the child from parents, therapists, social workers, physicians, and other professionals who are currently working with the child.

DCF 56.13 Note Note: An application for certification of a Level 5 foster home, DCF-F-2559-E-E, can be found on the department website at https://dcf.wisconsin.gov/cwportal/fc/forms.

DCF 56.13(7)(d) (d) Level 5 is the only shift-staffed foster home. A foster parent may do any of the following only if the foster home has a Level 5 certification:

DCF 56.13(7)(d)1. 1. Live in a residence that is not the foster home.

DCF 56.13(7)(d)2. 2. Provide less than 50 percent of a child’s care.

DCF 56.13(7)(e) (e) Program manager.

DCF 56.13(7)(e)1. 1. ‘Responsibilities.’ A licensing agency shall ensure that each Level 5 foster home has a program manager who is the foster parent and licensee for the Level 5 foster home. In conjunction with the program manager, a licensing, placing, or supervising agency shall oversee program operation and development of a Level 5 foster home and do all of the following:

DCF 56.13(7)(e)1.a. a. Review the appropriateness of admission of each child to the Level 5 foster home with the licensing agency.

DCF 56.13(7)(e)1.b. b. Participate in developing, reviewing, and updating child assessments and treatment plans.

DCF 56.13(7)(e)1.c. c. Provide technical assistance to program staff and the licensing, placing, and supervisory agencies, including supervision, support, consultation, coaching, staff development, and staff monitoring.

DCF 56.13(7)(e)1.d. d. Periodically review and update the Level 5 foster home policies and procedures.

DCF 56.13(7)(e)1.e. e. Oversee the day-to-day operations of the Level 5 foster home, including hiring, training, and evaluating program staff.

DCF 56.13(7)(e)1.f. f. Participate in the child treatment team as the foster parent.

DCF 56.13(7)(e)1.g. g. Ensure that the program staff are promoting normalcy for each child placed in the home by applying the reasonable and prudent parent standard when making decisions concerning a child’s participation in age or developmentally appropriate extracurricular, enrichment, cultural, and social activities under s. DCF 56.09 (2m).

DCF 56.13(7)(e)1.h. h. Ensure that program staff have access to the information needed to make decisions concerning a child’s participation in age or developmentally appropriate extracurricular, enrichment, cultural, and social activities under s. DCF 56.09 (2m).

DCF 56.13(7)(e)3. 3. ‘Management skills.’ An applicant to be a program manager of a Level 5 foster home shall have either of the following:

DCF 56.13(7)(e)3.a. a. Previous employment as a manager or supervisor.

DCF 56.13(7)(e)3.b. b. A professional development plan to develop management and supervisory skills.

DCF 56.13(7)(e)4. 4. ‘Education or experience in human services.’ An applicant for a program manager position for a Level 5 foster home shall have at least one of the following:

DCF 56.13(7)(e)4.a. a. A 4-year college degree from an accredited college or university with a major in social work; sociology; special education; psychology; counseling and guidance; criminal justice; nursing, certified nursing assistant, or other health related field; education; or any other area in a human services field as approved by the department.

DCF 56.13(7)(e)4.b. b. Two years of supervised full-time work experience in an out-of-home care program or assisted living program with adults.

DCF 56.13(7)(e)4.c. c. Personal experience with a family member who has needs similar to the population to be served.

DCF 56.13(7)(e)5. 5. ‘Pre-placement training.’ A program manager for a Level 5 foster home shall complete a minimum of 40 hours of pre-placement training under s. DCF 56.14 (6p) before or after initial licensure but prior to the placement of any child in the home.

DCF 56.13(7)(e)6. 6. ‘Initial licensing training.’ A program manager for a Level 5 foster home shall complete a minimum of 30 hours of initial licensing training under s. DCF 56.14 (7s) during the initial licensing period.

DCF 56.13(7)(e)7. 7. ‘Ongoing training.’ A program manager for a Level 5 foster home shall complete a minimum of 24 hours of ongoing training under s. DCF 56.14 (8) in each 12-month period of licensure subsequent to the initial licensing period.

DCF 56.13(7)(f) (f) Program staff.

DCF 56.13(7)(f)1. 1. ‘Staff ratios.’ A Level 5 foster home shall have program staff in sufficient numbers to meet the following staff ratios:

DCF 56.13(7)(f)1.a. a. One program staff person for every 2 children during waking hours.

DCF 56.13(7)(f)1.b. b. One program staff person for every 4 children during sleeping hours.

DCF 56.13(7)(f)2. 2. ‘Ratios are minimum.’ A licensing, placing, or supervising agency or the department may require the number of program staff on duty to be higher than the minimum requirements in subd. 1. as necessary to meet the needs of the children placed and to ensure their safety and welfare.

DCF 56.13(7)(f)3. 3. ‘Responsibilities.’ Program staff shall be responsible for daily supervision of the children and direct care to the children to ensure their safety and well-being, including promoting normalcy under s. DCF 56.09 (2m).

DCF 56.13(7)(f)4. 4. ‘Qualifications.’ An applicant for a program staff position shall have at least one of the following qualifications:

DCF 56.13(7)(f)4.a. a. A bachelor or associates degree from an accredited college or university with a major in a field specified in par. (e) 4. a.

DCF 56.13(7)(f)4.b. b. Current enrollment in and regularly attending an accredited college or university with a major in a field specified in par. (e) 4. a.

DCF 56.13(7)(f)4.c. c. At least one year of full-time experience working in a formal program with the type of child population served by the Level 5 foster home where the applicant is applying for employment.

DCF 56.13(7)(f)4.d. d. Certification as a child and youth care worker under the standards of the Wisconsin Association of Child and Youth Care Professionals or other department-recognized certifying authority.

DCF 56.13 Note Note: A copy of the standards of the Wisconsin Association of Child and Youth Care Professionals can be obtained from the www.wacycp.org or 161 W. Wisconsin Avenue, Milwaukee, WI 53202; telephone [phone].

DCF 56.13(7)(f)4.e. e. Completion of a traineeship program in which program staff work with qualified, experienced program staff for at least the first 120 hours of employment before working independently with a child.

DCF 56.13 Note Note: This is an additional 40 hours to the 80 hours required under s. DCF 56.13 (7) (f) 10. b.

DCF 56.13(7)(f)5. 5. ‘Age.’ A program staff person who is hired or contracted for on or after January 1, 2011, shall be at least 21 years old.

DCF 56.13(7)(f)6. 6. ‘Hiring and employment.’ Before an applicant for a program staff position in a Level 5 foster home begins employment, the program manager shall do all of the following regarding the applicant:

DCF 56.13(7)(f)6.a. a. Conduct and document a background check pursuant to s. 48.685, Stats., and ch. DCF 12.

DCF 56.13(7)(f)6.b. b. Make a determination that the applicant has the capacity to successfully nurture and care for children and does not have a history of a civil action, criminal conviction, or administrative rule violation that substantially relates to the care of a child or a history of exercising unsound judgment or abuse of alcohol or drugs.

DCF 56.13 Note Note: For help in determining whether a civil action, criminal conviction, or administrative rule violation is substantially related to the care of children, consult s. DCF 12.06.

DCF 56.13(7)(f)6.c. c. Make a determination that the applicant has not had a license to operate a foster home, group home, or residential care center for children and youth revoked or denied within the last 2 years.

DCF 56.13(7)(f)6.d. d. Obtain favorable references from at least 3 non-relatives, with documentation by letter or by notes of a verbal contact. Documentation shall include how long the person giving the reference has known the applicant, under what circumstances the person knows the applicant, and the person’s knowledge of the applicant’s qualifications.

DCF 56.13(7)(f)7. 7. ‘Health exam.’ Upon hire and before working with residents, a program manager shall require each program staff person to have a tuberculosis test and provide a statement from a physician, physician assistant, or a HealthCheck provider that the program staff person meets the minimum physical requirements of the position, is in general good health, and does not have a communicable disease. The statement shall be based on a medical examination performed within the previous 6 months.

DCF 56.13 Note Note: A HealthCheck form may be obtained by contacting the local public health department.

DCF 56.13(7)(f)8. 8. ‘Health concerns.’ If a licensing agency or the department has reason to believe that the physical or mental health of a program staff person for a Level 5 foster home may pose a threat of harm to children or to the quality and manner of their care or that the program staff person is not able to provide responsible care for children, the licensing agency or the department may require that the program staff person submit a written statement from a physician or, if appropriate, a licensed mental health professional on the physical or mental condition of the program staff person and the possible effect of that condition on the foster home or the children in care.

DCF 56.13(7)(f)9. 9. ‘Background check.’ A program manager of a Level 5 foster home shall require each program staff person to complete a background information disclosure form designated by the department and shall conduct a background check under s. 48.685, Stats., and ch. DCF 12 every 4 years or at any time within that period.

DCF 56.13(7)(f)10. 10. ‘Training and orientation.’ Each program staff person who provides care for a child in a Level 5 foster home shall do all of the following before working independently with a child:

DCF 56.13(7)(f)10.a. a. Complete a minimum 40 hours of pre-placement training under s. DCF 56.14 (6t).

DCF 56.13(7)(f)10.b. b. Work with qualified, experienced program staff or similar professionals for at least the first 80 hours of employment.

DCF 56.13(7)(f)11. 11. ‘Ongoing training.’ Each program staff person who provides care for a child in a Level 5 foster home shall complete a minimum of 24 hours of ongoing training under s. DCF 56.14 (8) in each year of employment subsequent to the initial year of employment.

DCF 56.13(7)(g) (g) Volunteers. Each volunteer used by a Level 5 foster home shall be supervised by a program staff person and may not work independently with a child. Before a volunteer may begin performing activities, the program manager shall do all of the following:

DCF 56.13(7)(g)1. 1. Notify the licensing agency.

DCF 56.13(7)(g)2. 2. Orient the volunteer to the activities that the volunteer may perform as specified in the foster home’s personnel policies and procedures.

DCF 56.13(7)(g)3. 3. Get permission from the child’s parent or guardian to allow the volunteer to perform the activities.

DCF 56.13(7)(g)4. 4. Require each volunteer to maintain in confidence all information about the foster child and the child’s family.

DCF 56.13(7)(h) (h) Placements into a Level 5 foster home.

DCF 56.13(7)(h)1. 1. ‘Last community option.’ A licensing agency and program manger shall only consider placing a child into a Level 5 foster home as the last community placement option when all other community placement options have been investigated and deemed to be unavailable or not in the best interest of the child and the child benefits from a more home-like environment with fewer children than that provided in a group home or residential care center for children and youth.

DCF 56.13(7)(h)2. 2. ‘Compatibility with other children.’ Before a new child is placed in a Level 5 foster home, a licensing agency and the program manager shall evaluate the compatibility of this child with the children currently placed in the home. The placement of a child in a Level 5 foster home may not displace or endanger the health, safety, or well-being of any child currently placed in the foster home.

DCF 56.13(7)(h)3. 3. ‘Coordinate transitions.’ A licensing agency and the program manager of a Level 5 foster home shall carefully plan and coordinate transitions into and out of a Level 5 foster home with special consideration to the school the child will attend, medical and mental health providers, community-based services, and disabled adult long-term support program services.

DCF 56.13(7)(h)4. 4. ‘Medically-fragile child.’ A licensing agency and the program manager shall ensure that the treatment plan for a medically-fragile child who is placed in a Level 5 foster home includes emergency medical protocols.

DCF 56.13(7)(h)5. 5. ‘Waiver funding.’ A licensing agency and the program manager shall notify the department of health services if there is or will be an application submitted to support a child’s placement in a Level 5 foster home with funding under the disabled children’s long-term support program as defined in s. 46.011 (1g), Stats.

DCF 56.13 Note Note: Under s. 46.011 (1g), Stats., the “disabled children’s long-term support program” means the programs described under 2001 Wisconsin Act 16, section 9123 (16rs) or 2003 Wisconsin Act 33, section 9124 (8c).

DCF 56.13(7)(m) (m) Respite care. A Level 5 foster home may only provide respite care to a child who was previously placed in the home, a child specifically identified and approved by the department on a planned basis, or a child who has needs agreed to by the department.

DCF 56.13(7)(n) (n) Interagency memorandum of understanding. If a requirement in this chapter is not designated as the responsibility of a licensing agency, placing agency, or supervising agency, all agencies involved in providing care and maintenance, supervision, or services for a child placed in a Level 5 foster home shall enter a memorandum of understanding to determine responsibility for all requirements for which responsibility is not designated.

DCF 56.13(8) (8) Level 3 to 5 foster care. The foster care provided for a child with a level of need of 3 or higher in a foster home with a certification of Level 3 to 5 shall do all of the following:

DCF 56.13(8)(a) (a) Use a family-based and community-based approach to treatment for a child with physical, mental, medical, substance abuse, cognitive, intellectual, behavioral, developmental, or similar problems.

DCF 56.13(8)(b) (b) Make efforts to change the behavior or ameliorate the condition that, in whole or in part, resulted in the child’s separation from the child’s family.

DCF 56.13(8)(c) (c) Use specially selected and specifically trained foster parents who are the primary change agents in the treatment process and who have shared responsibility for implementing the child’s treatment plan with other treatment team members.

DCF 56.13 History History: EmR0937: emerg. cr. eff. 1-1-10; CR 10-021: cr. Register September 2010 No. 657, eff. 10-1-10; EmR1050: emerg. renum. (1) to be (1) (a), (b) and am., cr. (1) (c), (5) to (8), am. (title), (1) (title), (2), (3), (4) (title), (a) 1., 2., 3., (b), eff. 1-1-11; CR 10-148: renum. (1) to be (1) (a), (b) and am., cr. (1) (c), (5) to (8), am. (title), (1) (title), (2), (3), (4) (title), (a) 1., 2., 3., (b) Register August 2011 No. 668, eff. 9-1-11; correction in (7) (h) 4., 5. made under s. 13.92 (4) (b) 1., Stats., Register August 2011 No. 668; correction in (7) (f) 6. a. and 9. under s. 13.92 (4) (b) 1., Stats., Register June 2016 No. 726; EmR1633: emerg. cr. (7) (e) 1. g., h., am. (7) (f) 3., eff. 11-18-16; CR 16-051: cr. (7) (e) 1. g., h., am. (7) (f) 3. Register July 2017 No. 739, eff. 8-1-17; CR 21-107: am. (4) (b), (5) (a) 1. a., (c) 2. b., c., (6) (a) 1. a., (c) 2. b., (7) (f) 6. a., d., 9., (8) (b) Register June 2022 No. 798, eff. 7-1-22.