Chapter DCF 56

DCF 56.05(1)(b)2.j. j. Availability at all times except when respite care under s. DCF 56.21 or other arrangements for care of the child have been made with the supervising or licensing agency.

DCF 56.05(1)(c) (c) Responsibilities.

DCF 56.05(1)(c)1. 1. ‘All foster parents.’ The licensee shall be familiar with the requirements of this chapter and do all of the following:

DCF 56.05(1)(c)1.a. a. Comply with all of the requirements of this chapter.

DCF 56.05(1)(c)1.b. b. Participate in the selection of and accept foster children for care only in conformity with the conditions specified on the license and with the approval of the licensing and supervising agencies.

DCF 56.05(1)(c)1.c. c. Cooperate fully with the licensing agency and any other agency responsible for supervising foster children in the licensee’s care and keep the licensing agency and any other responsible agency informed of each child’s progress and problems.

DCF 56.05(1)(c)1.d. d. Immediately notify the licensing agency of any change in the job or work schedule of a foster parent who works outside the home and notify the licensing agency of any impact this change will have on the licensee’s ability to provide foster care.

DCF 56.05 Note Note: See similar language related to in-home employment at s. DCF 56.09 (2) (a).

DCF 56.05(1)(c)1.e. e. Cooperate and assist with efforts of the supervising agency to maintain relationships between foster children and their families and with the agency’s efforts to implement plans for care and treatment and for arranging a permanent living arrangement as required under s. 48.38 or 938.38, Stats.

DCF 56.05(1)(c)1.f. f. Allow the supervising agency up to 30 days in which to make an alternate placement when the licensee asks that a foster child be removed from the home.

DCF 56.05(1)(c)1.g. g. Maintain in confidence all personal information about foster children and their families.

DCF 56.05(1)(c)1.h. h. Comply with serious incident reporting requirements in s. DCF 56.06.

DCF 56.05(1)(c)1.i. i. Attend training sessions, permanency plan reviews, and other meetings as required by the licensing, supervising, or placing agency.

DCF 56.05(1)(c)1.j. j. Provide a respite care provider with written and verbal information regarding the specific care needs of a child each time respite care is used.

DCF 56.05(1)(c)1.k. k. Provide or arrange for a child’s necessary transportation, unless otherwise determined by the child’s team or treatment team.

DCF 56.05(1)(c)1.L. L. Advocate for the child with the child’s school system and have primary responsibility for communication with the school, unless otherwise determined by the child’s team or treatment team.

DCF 56.05(1)(c)1.m. m. Implement the child’s case plan, and if applicable treatment plan, cooperatively and consistently.

DCF 56.05(1)(c)1.n. n. Participate in assessing a child’s progress.

DCF 56.05(1)(c)1.o. o. Apply the reasonable and prudent parent standard when making decisions concerning a foster child’s participation in age or developmentally appropriate extracurricular, enrichment, cultural, and social activities under s. DCF 56.09 (2m).

DCF 56.05(1)(c)2. 2. ‘Foster home with Level 3 to 5 certification.’ In addition to the requirements under subd. 1., a foster parent who operates a foster home with a Level 3 to 5 certification shall do all of the following, unless otherwise determined by the treatment team:

DCF 56.05(1)(c)2.a. a. Participate as an active team member in the development, implementation, and evaluation of the treatment plan goals and objectives.

DCF 56.05(1)(c)2.b. b. Assume primary responsibility for implementing in-home care and treatment strategies specified in the treatment plan.

DCF 56.05(1)(c)2.c. c. Participate in developing a child’s individualized treatment plan.

DCF 56.05(1)(c)2.d. d. Notify the appropriate treatment team member of any problems or concerns related to operating a foster home with a Level 3 to 5 certification.

DCF 56.05(1)(c)2.e. e. Participate on a regularly scheduled basis, but at least annually, in the evaluation of the foster parent’s performance operating a foster home with a Level 3 to 5 certification under s. DCF 56.20.

DCF 56.05(1)(d) (d) Age. No person younger than 21 years of age may be licensed to operate a foster home, except that a person 18 to 20 years of age may be licensed to provide foster care for a relative.

DCF 56.05(1)(e) (e) Health.

DCF 56.05(1)(e)1. 1. The applicant for an initial license to operate a foster home and all members of the household shall be free of physical or mental conditions that would interfere with the ability of the family to provide care for a foster child or threaten the health or safety of a foster child.

DCF 56.05(1)(e)3. 3. If, at any time, the licensing agency suspects or has reason to believe that the physical or mental health of an applicant, licensee or other household member may pose a threat to the health, safety or welfare of children in care, the licensing agency may require an alcohol or other drug abuse assessment or a physical health or mental health evaluation of the person as a condition for issuing or continuing the license.

DCF 56.05(1)(f) (f) Background. The applicant or licensee and any nonclient residents in the applicant or licensee’s home shall comply with the requirements in s. 48.685, Stats., and s. DCF 56.055.

DCF 56.05(1)(g) (g) Reporting background changes. An applicant or licensee shall immediately notify the licensing agency if any of the following applies to the applicant, licensee, or a nonclient resident in the home:

DCF 56.05(1)(g)1. 1. The person has been convicted of any crime.

DCF 56.05(1)(g)2. 2. The person is the subject of a pending criminal charge.

DCF 56.05(1)(g)3. 3. The person has been adjudicated delinquent for committing a crime.

DCF 56.05(1)(g)4. 4. The person is the subject of a delinquency petition alleging that the person committed a crime.

DCF 56.05(1)(g)5. 5. A final substantiated finding has been made that the person abused or neglected a child.

DCF 56.05(1)(g)6. 6. A finding that is comparable to a final substantiated finding has been made in any other jurisdiction.

DCF 56.05(1)(g)7. 7. A governmental body made a finding that the person abused or neglected any client or misappropriated the property of any client.

DCF 56.05(1)(g)8. 8. The person has been or is being investigated by any governmental agency for any other act, offense, or omission, including an investigation related to the abuse or neglect, or threat of abuse or neglect, to a child or other client, or an investigation related to misappropriation of a client’s property.

DCF 56.05(1)(g)9. 9. A person begins residing, or is expected to reside, in the foster home.

DCF 56.05(2) (2) Finances. A foster parent shall have a stable income sufficient to meet the foster family’s obligations without reliance on the basic maintenance payments received for the care of foster children placed in the foster home. An applicant for a license shall provide the licensing agency with verification of compliance with this subsection.

DCF 56.05(3) (3) Vehicle liability insurance.

DCF 56.05(3)(a) (a) An applicant for either initial licensing or for relicensing who plans to transport foster children in the applicant’s own vehicle shall provide the licensing agency with documentation of current vehicle liability insurance coverage and shall ensure that the insurance coverage continues in force throughout the term of licensure.

DCF 56.05(3)(b) (b) If it is anticipated that a foster child will drive the applicant’s motor vehicle, the applicant shall ensure that the foster child is covered by the applicant’s insurance policy.

DCF 56.05(4) (4) Homeowner’s or renter’s liability insurance.

DCF 56.05(4)(a) (a) Except as provided under sub. (5), before a foster home license is issued or renewed, the applicant for an initial license or the foster parent applying for renewal of a license shall furnish proof to the licensing agency of having homeowner’s or renter’s liability insurance as required under s. 48.627 (2) (a), Stats.

DCF 56.05(4)(b) (b) A licensing agency shall have on file verification that each foster parent licensed by that agency has insurance coverage required under par. (a) and s. 48.627 (2) (a), Stats., or shall have on file documentation that the foster parent has been granted a waiver from that requirement in accordance with sub. (5), or has been issued a license for a period not to exceed 90 days to allow the foster parent to obtain necessary documentation to request a waiver in accordance with sub. (5).

DCF 56.05(5) (5) Waiver of homeowner’s or renter’s liability insurance requirement.

DCF 56.05(5)(a) (a) In this subsection, “Wisconsin insurance plan” means the mandatory risk-sharing insurance plan established under s. 619.01, Stats., and s. Ins 4.10.

DCF 56.05(5)(b) (b) A foster parent or an applicant for a foster home license may request a waiver of the requirement under sub. (4) (a) if the foster parent or applicant is unable to obtain the required insurance, the insurance policy that the foster parent or applicant had was canceled or payment of the premium for the required insurance would cause undue financial hardship.

DCF 56.05(5)(c) (c) A request for a waiver shall be sent directly to the licensing agency and shall include one of the following:

DCF 56.05(5)(c)1. 1. A written denial of homeowner’s liability insurance by an insurance company for a reason other than the poor condition of the property and a written denial of the same insurance coverage from the Wisconsin insurance plan.

DCF 56.05(5)(c)2. 2. A written cancellation of homeowner’s liability insurance by an insurance company for reasons other than nonpayment of premiums and a written denial of the same coverage from the Wisconsin insurance plan.

DCF 56.05(5)(c)3. 3. A written denial of renter’s liability insurance from 2 insurance companies.

DCF 56.05(5)(c)4. 4. A written cancellation of renter’s liability insurance by an insurance company for reasons other than non-payment of premiums and, in addition, a written denial of the same insurance coverage from one other insurance company.

DCF 56.05(5)(c)5. 5. Documentation that payment of the insurance premium would cause undue financial hardship for the foster parent or applicant as evidenced by any of the following:

DCF 56.05(5)(c)5.a. a. The foster family or applicant is a participant in the Wisconsin Works program under ss. 49.141 to 49.161, Stats.

DCF 56.05(5)(c)5.b. b. The foster parent or applicant is receiving supplemental security income under 42 USC 1381 to 1383d.

DCF 56.05(5)(c)5.c. c. The foster family’s or applicant’s income is at or below the minimum family budget determined by the department for purposes of administering the uniform fee system under ch. DHS 1.

DCF 56.05 Note Note: A foster parent has limited liability under s. 895.485, Stats. This does not mean that the foster parent has no liability. In the event that a foster parent is sued, the foster parent may be liable for any judgment and attorney’s fees. As such, a waiver of the insurance requirement should be made only in rare circumstances.

DCF 56.05(5)(d) (d) Within 30 days after receipt of a request that is accompanied by the documentation required under par. (c), the licensing agency shall either waive the requirement or deny the request for a waiver, and shall notify the applicant or foster parent in writing of its decision and the reasons for the decision.

DCF 56.05 Note Note: The Wisconsin Insurance Plan is property insurance of the last resort. A foster parent and an applicant for a foster home license should consider the Wisconsin Insurance Plan only if they cannot obtain conventional insurance from an insurance company. For information on the Wisconsin Insurance Plan, contact any insurance agency or the Wisconsin Insurance Plan, 700 W. Michigan Street, Milwaukee, WI 53233; phone [phone].

DCF 56.05 History History: CR 00-020: cr. Register February 2002 No. 554, eff. 3-1-02; corrections in (1) (a) 1., (f) 2., 4. and (5) (c) 5. c. made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; EmR0937: emerg. revisions as in CR 10-021, eff. 1-1-10; CR 10-021: am. (1) (b) 2. and (c) 8., r. and recr. (1) (e) 1. and (f), r. (1) (e) 2. Register September 2010 No. 657, eff. 10-1-10; EmR1050: emerg. renum (1) (b), (c) to be (1) (b) 1., (c) 1. and am., cr. (1) (b) 2., (c) 1. h. to n., 2., eff. 1-1-11; CR 10-148: renum (1) (b), (c) to be (1) (b) 1., (c) 1. and am., cr. (1) (b) 2., (c) 1. h. to n., 2. Register August 2011 No. 668, eff. 9-1-11; CR 16-014: am. (1) (a) 1., r. and recr. (1) (f), cr. (1) (g) Register June 2016 No. 726, eff. 7-1-16; EmR1633: emerg. r. and recr. (1) (a) 1., am. (1) (a) 3., cr. (1) (b) 1. p., (c) 1. o., eff. 11-18-16; CR 16-051: r. and recr. (1) (a) 1., am. (1) (a) 3., cr. (1) (b) 1. p.,(c) 1. o. Register July 2017 No. 739, eff. 8-1-17; CR 21-107: am. (1) (a) 2., (b) 1. e., (c) 2. e., (g) 3., 4., (3) (a), (5) (b) Register June 2022 No. 798, eff. 7-1-22.

DCF 56.055 DCF 56.055 Background checks.

DCF 56.055(1) (1) Provide information.

DCF 56.055(1)(a) (a) Before a foster home license is issued or renewed, the applicant and any nonclient resident in the home shall each do all of the following:

DCF 56.055(1)(a)1. 1. Complete and submit to the agency the department’s background information disclosure and written authorization for the agency to make follow-up contact with the Wisconsin department of justice and any other person or organization to determine if there is any reason under sub. (4) why the applicant should not be granted a license or have an existing license renewed.

DCF 56.055 Note Note: DCF-F-2978-E, Background Information Disclosure, is available in the forms section of the department website, http://dcf.wisconsin.gov, or by writing to the Division of Safety and Permanence, P.O. Box 8916, Madison WI 53708-8916.

DCF 56.055(1)(a)2. 2. Provide the agency with information on each person’s places of residence during the 5-year period before submission of the license application.

DCF 56.055(1)(b) (b) Before an initial foster home license is issued or a license is renewed after a break in licensure, the applicant shall provide the agency or its designated agent with a set of fingerprints sufficiently clear to submit to the Wisconsin department of justice or other law enforcement agency for submission to the national crime information database as provided in s. 48.685 (2) (c) 1., Stats.

DCF 56.055(2) (2) Conduct background check. The agency shall do all of the following:

DCF 56.055(2)(a) (a) Obtain the information required under s. 48.685 (2) (am), Stats., regarding the applicant and any nonclient resident in the applicant’s home.

DCF 56.055 Note Note: Information on how to conduct an initial search of some of the required Wisconsin records is at https://recordcheck.doj.wi.gov. Following the search, the agency will receive a report from the Department of Justice regarding results of the criminal records search and a report from the Department of Health Services regarding results of the search of other integrated databases. Further investigation may be required.

DCF 56.055(2)(b) (b) Submit the fingerprints of the applicant under sub. (1) (b) to the Wisconsin department of justice or other law enforcement agency for submission to the national crime information database as provided in s. 48.685 (2) (c) 1., Stats.

DCF 56.055(2)(c) (c) Conduct a reverse search of the Wisconsin sex offender registry using the applicant’s address.

DCF 56.055 Note Note: A reverse search by address can be done by entering applicant’s address at http://doc.wi.gov/community-resources/offender-registry. The Wisconsin Sex Offender Registry does not contain information on all convicted sex offenders.

DCF 56.055 Annotation The information is limited by the effective date of the applicable law and to those offenders who have been arrested and convicted, adjudicated, or committed for a crime specified under the law and who meet registration and publication requirements.

DCF 56.055 Annotation For example, certain sex offenses by juveniles or other persons may not meet registration or publication requirements. Please consider these limitations when obtaining information from the sex offender registry.

DCF 56.055(2)(d) (d) Obtain a criminal history records search from any other jurisdiction in which the person is or was a resident if the agency is informed that a nonclient resident in the applicant’s home resided outside the state of Wisconsin at any time during the 5-year period before the search.

DCF 56.055(2)(e) (e) Obtain information on child abuse or neglect reports or findings during the 5-year period before the search, as follows:

DCF 56.055(2)(e)1. 1. If the agency is informed that the applicant or a nonclient resident in the applicant’s home resided in the state of Wisconsin at any time during the 5-year period before the search, the agency shall contact each county in Wisconsin in which the person is a resident or was a resident during those 5 years for information regarding any child abuse or neglect reports or findings.

DCF 56.055(2)(e)2. 2. If the agency is informed that the applicant or a nonclient resident in the applicant’s home resided outside the state of Wisconsin at any time during the 5-year period before the search, the agency shall check any child abuse or neglect registry maintained by any other jurisdiction in which the person is a resident or was a resident during those 5 years for any child abuse reports or findings.

DCF 56.055(2)(f) (f) If the agency is informed that the applicant or a nonclient resident in the applicant’s home served in a branch of the U.S. armed forces, including any reserve component, the agency shall make every reasonable effort to obtain information on the discharge status of the person. This information may be obtained from the discharge papers or from the armed forces branch in which the person served. If the discharge status is other than honorable, the agency shall obtain information on the nature and circumstances of the discharge.

DCF 56.055 Note Note: The information from the armed forces may include military court findings or other information that is relevant to making a determination of whether an applicant is fit and qualified.

DCF 56.055(3) (3) Follow up. Follow-up investigation may be required and may include any of the following:

DCF 56.055(3)(a) (a) If the results of the criminal history records search under (2) (a), (b), or (d) indicate a charge of a crime specified in s. 48.685 (1) (c), Stats., or comparable law in any other jurisdiction, but do not completely and clearly indicate the final disposition of the charge, the agency shall make every reasonable effort to contact the appropriate clerk of court to determine the final disposition of the charge.

DCF 56.055(3)(b) (b) If the background information disclosure indicates a charge or conviction of a crime specified in s. 48.685 (1) (c), Stats., or comparable law in any other jurisdiction, but the results of the criminal history records search under sub. (2) (a), (b), or (d) do not include the charge or conviction, the agency shall make every reasonable effort to contact the appropriate clerk of court to obtain a copy of the criminal complaint and the final disposition of the complaint.

DCF 56.055(3)(c) (c) If the results of the criminal history records search under sub. (2) (a), (b), or (d); the background information disclosure; or any other information indicate that the person was convicted of a violation of s. 940.19 (1), 940.195, 940.20, 941.30, 942.08, 947.01 (1), or 947.013, Stats., or comparable law in any other jurisdiction, not more than 5 years before the agency obtained the information, the agency shall make every reasonable effort to contact the appropriate clerk of court to obtain a copy of the criminal complaint and judgment of conviction relating to that violation.

DCF 56.055 Note Note: A list of Wisconsin county clerks of court is available at http://www.wicourts.gov/contact/docs/clerks.pdf. An investigation and determination regarding whether the circumstances of the convictions for the crimes specified in par. (c) are substantially related to the care of children under s. 48.685 (5m), Stats., is required. The specified crimes are misdemeanor battery, battery to an unborn child, battery-special circumstances, reckless endangerment, invasion of privacy, disorderly conduct, and harassment.