Wisconsin Legislature: DCF 56.13(7)(f)10.a.

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.

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.

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.

(f) Program staff.

1. ‘Staff ratios.’ A Level 5 foster home shall have program staff in sufficient numbers to meet the following staff ratios:

a. One program staff person for every 2 children during waking hours.

b. One program staff person for every 4 children during sleeping hours.

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.

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).

4. ‘Qualifications.’ An applicant for a program staff position shall have at least one of the following qualifications:

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

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

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.

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.

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 (414) 227-3130.

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.

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

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.

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:

a. Conduct and document a background check pursuant to s. 48.685, Stats., and ch. DCF 12.

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.

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.

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.

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.

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.

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

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.

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.

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:

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

b. Work with qualified, experienced program staff or similar professionals for at least the first 80 hours of employment.

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.

(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:

1. Notify the licensing agency.

2. Orient the volunteer to the activities that the volunteer may perform as specified in the foster home’s personnel policies and procedures.

3. Get permission from the child’s parent or guardian to allow the volunteer to perform the activities.

4. Require each volunteer to maintain in confidence all information about the foster child and the child’s family.

(h) Placements into a Level 5 foster home.

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.

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.

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.

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.

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.

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).

(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.

(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.

(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:

(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.

(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.

(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.

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.

DCF 56.14 Foster parent training.

(1) Purposes. This section implements s. 48.67 (4), Stats., which requires all foster parents to successfully complete training in the care and support needs of children who are placed in foster care that has been approved by the department. The purposes of foster parent training are to:

(a) Improve the quality of care provided to children who live in foster or adoptive homes.

(b) Prepare foster and adoptive families to care for and provide stability for foster children in their homes.

(c) Promote communication, respect, and understanding among all involved parties, with a focus on working for the best interests of the foster child.

(d) Provide opportunities to foster parents to mutually explore their values, strengths, limitations, and needs as they relate to compatibility with foster and adoptive children.

(e) Develop an understanding of the child welfare system and the importance of permanency for children.

(f) Encourage foster and adoptive parent networking and the use of resources.

(2) Advisory committee. A statewide advisory committee appointed by the department and representing county agencies, private child-placing agencies, tribal agencies, foster parents, vocational-technical education, the university system, and the department shall study needs and resources and advise the department on specific training needs and quality of materials.

(3) Qualifications of trainers. Persons preparing or presenting materials for foster parent training shall have expertise in the subject matter as evidenced by prior experience or education, an ability to communicate their knowledge, and cultural competence.

(4) Training expenses.

(a) The department shall provide funds to county agencies and, in a county with a population of more than 500,000, the department, to enable foster parents to attend training. The funds may be used for materials, fees, transportation, and child care expenses incurred to attend training that is required or approved under this section or s. DCF 56.13.

(b) No licensing agency of a foster home with a Level 3 to 5 certification or licensed private child-placing agency may require a foster parent to pay to attend training under this section.

(5) Training requirements.

(a) Level of care certification. Each foster parent shall complete any pre-placement, initial licensing, or ongoing training required for the foster home’s level of care certification under s. DCF 56.13, except as provided in par. (c) and subs. (6) (b) and (7) (c) and (d).

(b) Each foster parent. The foster parent training requirements in this section and s. DCF 56.13 apply to each foster parent identified on the license to operate the foster home.

(c) Proposed adoptive parent. A foster parent who is licensed solely for the purpose of adoption of a domestic infant under s. 48.837, Stats., or a foreign child under s. 48.839 or 48.97, Stats., will not be required to complete the training in this section if the foster parent completes the pre-adoption preparation training required under ch. DCF 51.

(6) Pre-placement training for Levels 1 and 2.

(a) The department shall approve a standardized curriculum for pre-placement training for a foster parent who operates a foster home with a Level 1 or 2 certification that includes information on all of the following:

1. Foster care overview.

2. Expectations of foster parents.

3. Caring for children in foster care, including promoting normalcy.

4. Developing and maintaining family connections.

5. Foster family self care.

(b) A foster parent who obtains a license to operate a foster home with Level 1 or 2 certification before January 1, 2011, is not required to complete the pre-placement training under this subsection, unless otherwise required by the licensing agency.

(6d) Pre-placement training for Level 3.

(a)

1. The pre-placement training for a foster parent who operates a Level 3 foster home shall include the standardized curricula provided under subs. (6) (a) and (7) (a).

2. Notwithstanding subd. 1., a licensing agency may submit to the department for approval a proposed pre-placement training curriculum that is designed to meet the needs of foster parents licensed by that agency. The pre-placement training for a foster parent who operates a Level 3 foster home may be a curriculum that has been approved by the department.

(b)

1. Trainers for the portion of the Level 3 pre-placement training standardized curriculum that is provided under sub. (7) (a) shall be an agency staff person or contractor and a foster or adoptive parent.

2. Notwithstanding subd. 1., a foster parent may 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.

(6h) Pre-placement training for Level 4.

(a)

1. The pre-placement training for a foster parent who operates a Level 4 foster home shall include all of the following:

a. The standardized curricula provided under subs. (6) (a) and (7) (a).

b. Four hours of training on child-specific or population-specific information.

2. Notwithstanding subd. 1. a., a licensing agency may submit to the department for approval a proposed pre-placement training curriculum that is designed to meet the needs of foster parents licensed by that agency. The pre-placement training for a foster parent who operates a Level 4 foster home may be a curriculum that has been approved by the department.