Wisconsin Legislature: DCF 56.18 History

(c) Establish an appropriate level of nursing, other medical care, and other types of care for the child based upon the child’s needs and the abilities of the foster parent.

(d) Determine the need for and arrange appropriate and qualified psychiatric and psychological services for the child.

(e) Provide copies of the treatment plan to all treatment team members, including the child if the child is more than 12 years old, as allowed by law.

(f) Implement and support the treatment plan, including ensuring that all available resources and treatments are known or explored and developing new resources if appropriate.

(g) Meet to formally review the treatment plan, share information, exchange ideas and opinions, and discuss issues at least every 3 months from the date of distribution of the treatment plan. The supervising agency caseworker shall determine if more frequent treatment team meetings are necessary. Other treatment team members may request a meeting.

(h) Share knowledge regarding the child and the treatment plan with other treatment team members as allowed by law and encourage support for the treatment plan.

(i) Ensure that family counseling is provided to the child’s family and the foster family as needed.

(j) Ensure that 24-hour per day, 7-day per week crisis intervention is provided for the foster child and the foster parent as needed.

(k) Monitor and evaluate the progress of the treatment plan and the continued appropriateness and effectiveness of the provided services and supports and placement of the child on an ongoing basis.

(L) Make treatment plan revisions and adjustments as necessary. Ensure revisions and adjustments to the treatment plan are in writing and are based on all of the following:

1. Observations from the supervising agency caseworker’s direct contact with the child.

2. Discussions that include the child, child’s parent, guardian at litem, service providers, and collateral contacts.

3. Other relevant data or information.

(m) Design and implement new treatment strategies as needed.

(n) Consult with the foster parent or supervising agency caseworker about events in the foster home if requested.

(o) Arrange for interaction between the child and the child’s family as provided in the child’s permanency plan or treatment plan.

(p) Resolve any disagreements between the foster parent and the supervising agency. Efforts by the treatment team to resolve disagreements may not replace any internal grievance procedures established by the supervising agency or the foster parent’s fair hearing rights under s. 48.64 (4) (a), Stats.

(q) Develop an aftercare plan for a child that ensures continuity in managing a child’s needs after the child’s placement ends.

History: EmR1050: emerg. cr., eff. 1-1-11; CR 10-148: cr. Register August 2011 No. 668, eff. 9-1-11; EmR1633: emerg. cr. (2) (b) 3. g., eff. 11-18-16; CR 16-051: cr. (2) (b) 3. g. Register July 2017 No. 739, eff. 8-1-17.

DCF 56.18 Agency contact with foster parent.

(1) Contact requirements.

(a) Level of care 1 or 2. A licensing agency, supervising agency, or placing agency shall have at least one contact per month with a foster parent who operates a foster home with a Level 1 or 2 certification if a child is placed in the foster home. The contact may be in person, by phone, or by an interactive electronic format.

(b) Level of care 3 to 5.

1. A licensing agency, supervising agency, or placing agency shall have at least 2 in-person contacts per month with a foster parent who operates a foster home with a Level 3 to 5 certification if a child is placed in the foster home. At least one of these contacts shall be in the foster home.

2. Notwithstanding subd. 1., if a child with a level of need below 3 is placed in a foster home with a Level 3 or 4 certification, the licensing agency, placing agency, or supervising agency shall have at least one in-person contact per month with the foster parent each full calendar month that the child is in the foster home.

3. If a foster home with a Level 3 to 5 certification has not had placement of a child for 3 or more months and the licensing agency, supervising agency, or placing agency has not seen the foster parent in the foster home during that time, the licensing agency, supervising agency, or placing agency shall have an in-person contact with the foster parent in the foster home before a child is placed in the foster home or within 24 hours of the child’s placement in the foster home.

(c) Multiple foster parents. If there is more than one foster parent on the license to operate the foster home, the agency may have contact with only one of the foster parents.

(2) Multiple agencies. If the licensing agency, supervising agency, and the placing agency under sub. (1) are different agencies, those agencies shall determine a contact plan.

(3) Purposes of contact. The agency contact with the foster parent shall focus on the safety, permanence, and well-being of the child to evaluate the compatibility of the child with the foster parent and other household members and the ability of the foster parent to meet the needs of the child in a safe manner. The contacts shall include discussion of any additional support needed by the foster parent to safely maintain any child in foster care living in the foster home.

History: EmR1050: emerg. cr., eff. 1-1-11; CR 10-148: cr. Register August 2011 No. 668, eff. 9-1-11.

DCF 56.19 Agency contact with foster child.

(1) Contact requirements.

(a) Level of care 1 or 2. A licensing agency, placing agency, or supervising agency shall have at least one in-person contact with a child each full calendar month that the child is placed in a foster home with a Level 1 or 2 certification.

(b) Level of care 3 or 4.

1. A licensing agency, placing agency, supervisory agency shall have an in-person contact with a child placed in a foster home with a Level 3 or 4 certification at least every other week. At least one contact per month shall be in the child’s foster home.

2. Notwithstanding subd. 1., if a child with a level of need below 3 is placed in a foster home with a Level 3 or 4 certification, the licensing agency, placing agency, or supervising agency shall have at least one in-person contact with the child each full calendar month that the child is in the foster home.

1. A licensing agency, placing agency, supervisory agency representative other than a program manager shall have an in-person contact with a child at least every other week that the child is placed in a Level 5 foster home.

2. A program manager shall have an in-person contact with a child who is placed in a Level 5 foster home at least every week that the child is placed in the foster home.

(2) Multiple agencies. If the licensing agency, placing agency, and supervisory agency under sub. (1) are different agencies, those agencies shall determine a contact plan.

(3) In foster home. More than 50 percent of the agency in-person contacts with a child between October 1 of one year and September 30 of the following year shall be in the child’s foster home.

(4) Combine with foster parent contact. One agency contact with a child per month may be combined with an agency contact with a foster parent under s. DCF 56.18.

(5) Purpose of contact. An agency contact with a child shall do all of the following:

(a) Focus on the safety, permanence, and well-being of the child.

(b) Be of sufficient duration and substance to address the goals of the child’s case plan; permanency plan; or treatment plan, if applicable.

History: EmR1050: emerg. cr., eff. 1-1-11; CR 10-148: cr. Register August 2011 No. 668, eff. 9-1-11.

DCF 56.20 Evaluation of Level 3 to 5. At least annually, a foster parent who operates a foster home with a Level 3 to 5 certification and the licensing, placing, and supervising agencies shall develop written evaluations of the care and supervision provided to a child and the overall performance of all individuals involved in the child’s care. The evaluations shall be used to improve the quality of the child’s care and the foster care program. Copies of any evaluations shall be maintained at the licensing agency and at the foster home.

History: EmR1050: emerg. cr., eff. 1-1-11; CR 10-148: cr. Register August 2011 No. 668, eff. 9-1-11.

DCF 56.21 Respite care for foster parents.

(1) Applicability. This section applies to care provided in either of the following circumstances:

(a) Services or emergency care provided to a foster child during a planned absence of the foster parent for more than 48 hours.

(b) Care for a foster child during the foster parent’s absence that is paid for by a licensing, supervising, or placing agency.

(2) Licensing agency responsibilities. A licensing agency shall do all of the following:

(a) Develop policies and procedures to govern the agency’s respite care program.

(b) Inform a foster parent of the process to be used to fund respite care prior to the first placement of a child in a foster home.

(c) Assist and intervene when issues arise between a foster parent and the respite care provider if the parties are not able to resolve those issues.

(d) Keep documentation of a respite care provider’s qualifications in the foster parent’s file at the licensing agency.

(e) For respite care in foster homes with a Level 3 or 4 certification, the licensing agency shall do all of the following:

1. Develop, in consultation with foster parents, a pool of respite care providers that will be used when respite care is provided. If the respite care is to be provided in a foster home, the foster parent may approve the use of a particular respite care provider.

2. Provide training and support to respite care providers.

3. Consult with a foster parent and the child’s social worker or supervising agency caseworker to develop a respite care schedule for a specific child and provide the schedule to the respite care providers.

(3) Respite care provider qualifications. A respite care provider shall have the following qualifications:

(a) Be at least 18 years of age and at least 5 years older than any foster child being cared for by the respite provider, except if the respite care provider is a relative of the child, be at least 3 years older than the child.

(b) Have direct care experience or training in working with children with conditions similar to those of the foster child for whom the respite care provider will be caring.

(d) Be flexible and willing to work varied, atypical hours.

(e) Be able to reliably get to and from respite care assignments.

(f) Have the ability to do all of the following:

1. Accept responsibility.

2. Work independently.

3. Exercise good judgment.

4. Maintain confidentiality.

5. Manage the varied medical, behavioral, and other care needs of the foster children for whom the respite care provider will be caring.

(g) Reside in a home that meets the physical, safety, and environmental needs of the foster child for whom care is to be provided if the respite care is to be provided in the respite care provider’s residence.

(h) Authorize the licensing or supervising agency to conduct a criminal records check as described in s. DCF 56.05 (1) (f).

(i) Agree to provide quality, reliable, and temporary care for the child in foster care that is consistent with the child’s treatment, case, or service plan.

(j) Obtain from the foster parent appropriate information about the specific care procedures and interaction strategies relevant for the child’s care.

(k) Agree to perform household and emergency tasks directly related to the general health and well-being of the foster child.

(L) Possess a valid driver’s license and automobile insurance if transporting a foster child.

(m) Agree to abide by s. DCF 56.09 (1g), (2) (d) and (e), and (5).

(n) May not be an employee of the licensing agency or a relative of an employee of the licensing agency if the employee works in the area of the agency that issues foster care licenses.

(4) Eligibility for subsidized respite care.

(a) Level 1 or 2. A licensing agency may establish policies and procedures to fund respite care for a foster parent who operates a foster home with a Level 1 or 2 certification.

(b) Level 3 or 4.

1. A licensing agency shall fund and arrange for a foster parent who operates a foster home with a Level 3 or 4 certification to have 8 to 24 consecutive hours of respite care per month of care provided. Respite care shall be provided in a combination of days to be determined by the foster parent and the licensing agency. The licensing agency may require that any respite care include an overnight stay.

2. Notwithstanding subd. 1., a licensing agency is not required to fund and arrange respite care of a child with a level of need below 3 who is placed in a foster home with a Level 3 or 4 certification.

History: EmR1050: emerg. cr., eff. 1-1-11; CR 10-148: cr. Register August 2011 No. 668, eff. 9-1-11; CR 21-107: am. (3) (b) Register June 2022 No. 798, eff. 7-1-22.

DCF 56.22 Assessment of needs and strengths.