(g) A foster child may sleep in the middle or top bunk of a bunk bed only if it has a safety rail.
(h) No foster child may regularly sleep in any space or room normally used for communal living.
(i) A foster child’s bedroom shall have a window and adequate space to pass between beds.
(j) A foster child’s bedroom shall have a door for privacy, unless the supervising agency approves of the foster child sleeping in a space without a door and any foster child who is age 6 or over consents.
(k) A responsible care provider shall sleep within call of a foster child during the night.
_Hlk180751559(L) A foster child may regularly sleep in a basement bedroom if all of the following conditions are met: 2. Access to the basement is appropriate given the foster child’s ambulatory level.
(m) No foster child may regularly sleep in any building, apartment, or other structure on the premises that is separate from the foster home, unless the foster child is of appropriate developmental maturity and consents to this arrangement and the supervising agency approves.
_Hlk162622378(5) Storage space. A foster parent shall provide storage space for a foster child’s clothing and personal belongings. (6) Heating. (a) A foster home shall have a functioning heating system.
(b) Unvented gas, oil, or kerosene space heaters may not be used in a foster home.
(c) 1. All wood-burning or other alternative heating source in a foster home, except a fireplace, shall be inspected by a fire safety expert at least biennially and certified as properly installed and maintained as defined by the manufacturer’s recommendations or specifications or other standards utilized by the fire safety expert.
2. A licensing agency may require an inspection of a fireplace by a fire safety expert.
(7) Access to dangerous materials and objects. A foster parent shall prevent a foster child’s access to medications, poisonous materials, cleaning supplies, alcoholic beverages, and other dangerous materials and objects as appropriate for a foster child’s age and developmental, emotional, and behavioral needs.
(8) Hazardous machinery and equipment. (a) In this subsection, “hazardous machinery and equipment” means any machine or other equipment generally known to be hazardous to untrained or unskilled operators or to operators who for any other reason are physically or mentally unable to operate the equipment safely, including a motor vehicle, power lawn mower, tractor or other farm machinery or equipment, snowblower, chain saw, power-driven shop tool, snowmobile, all-terrain vehicle, utility-terrain vehicle and any other machinery or equipment determined by the licensing or supervising agency.
(b) No foster child may operate any hazardous machinery or equipment in violation of a law that specifies a minimum age requirement or that is beyond the foster child’s knowledge or mental or physical capability.
(c) All hazardous machinery and equipment to be used by a foster child shall be maintained in a safe operating condition.
(d) A foster child shall be under the general and appropriate supervision of a responsible adult when operating hazardous machinery or equipment.
(e) The licensing or supervising agency may require that a foster child complete a safety course prior to operating hazardous machinery or equipment.
(9) Phone or other communication device. (a) A foster home shall have at least one operating phone or other communication device capable of completing a phone call accessible to a foster child when the foster child is in the home.
(b) A foster parent shall maintain a comprehensive list of emergency telephone numbers, including poison control, and post those numbers in a prominent place in the foster home.
(10) Pets. (a) A foster parent shall ensure that a pet is safe to be around a foster child.
(b) Each pet shall be vaccinated in accordance with any state or local law where the foster home is located.
SECTION 54. DCF 56.072, 56.074, 56.076, and 56.078 are created to read:
DCF 56.072 Emergency preparedness. (1) Smoke detector. A foster parent shall have at least one functional smoke detector on each level of the foster home and at least one near each sleeping area.
(2) Fire extinguisher. A foster parent shall have at least one operable fire extinguisher in the home that is readily accessible.
(3) Carbon monoxide detector. A foster parent shall have at least one functional carbon monoxide detector on each level of the foster home, except the attic.
_Hlk170379117(4) Emergency plans. (a) Fire safety evacuation. A foster parent shall have a written plan for the immediate and safe evacuation of the foster home in the event of a fire. _Hlk170379131(b) Tornado warning. A foster parent shall have an emergency plan that specifies where a foster child will shelter during a tornado warning. _Hlk170379155(c) Review and post. The foster parent shall review the fire and tornado safety plans with the foster child and post them in a prominent place in the foster home. (5) Disaster evacuation plan. A foster parent shall file a disaster plan with the licensing agency that will allow the licensing agency to identify, locate, and ensure continuity of services to a foster child under the placement and care responsibility or supervision of an agency if the foster child is displaced or adversely affected by a disaster. The disaster plan shall include all of the following:
(a) Where a foster parent and foster child would go in an evacuation.
(b) Contact information for a relative or friend out of the area who will know where the foster parent and foster child have relocated.
_Hlk177999672DCF 56.074 Foster child’s additional needs. (1) Foster home accommodations. (a) A licensing agency may require modifications to a foster home or other accommodations necessary to meet specific requirements identified by a foster child’s team or treatment team. (b) If necessary for a foster child to access the foster home, at least one entrance shall be level or ramped in accordance with ch. SPS 362 and in a manner that provides safe access for the child. (c) Doorways and passageways to the common rooms, bathroom, and the foster child’s bedroom shall meet standards relating to accessibility in ch. SPS 362 if the foster child uses a wheelchair, scooter, or walker. (d) Bathroom facilities shall be readily accessible to a foster child requiring regular use of a wheelchair, scooter, or walker.
_Hlk170384200(2) Other additional needs. (a) Notwithstanding s. DCF 56.04 (8), a licensing or supervising agency may impose additional conditions upon a foster parent if the age, trauma history, mental or physical disabilities, impaired judgment, or mobility of a foster child creates additional needs. _Hlk170384740(b) If a foster child is nonambulatory, the fire safety evacuation plan required under s. DCF 56.072 (4) (a) shall include the means by which the foster child will be assisted in evacuating the home. (3) Written conditions. Any condition imposed by the licensing or supervising agency shall be in writing and reviewed jointly by the agency and foster parent before taking effect.
DCF 56.076 Firearms and other dangerous weapons. (1) Definition. In this section, “dangerous weapon” means any firearm, any electric device designed to immobilize or incapacitate persons by the use of electric current, any spray device designed to immobilize or incapacitate persons by the use of chemicals or other liquids or gases, any device designed as a weapon and capable of producing death or great bodily harm, or any other device or instrument that is calculated or likely to produce death or great bodily harm.
(2) Laws. A foster parent shall comply with all federal, state, and local laws relating to the possession, transportation, and carry of a dangerous weapon.
(3) Safe storage of firearms. A foster parent who is not actively using, transporting, or cleaning a firearm, or exercising their right to carry a concealed handgun under sub. (5), shall store the firearm as provided in par. (a) and either par. (b) or (c) as follows:
(a) Unloaded and locked in an area that is not readily accessible to a foster child.
(b) With one or more of the following secondary safety measures used:
1. Ammunition is locked in a container separate from the firearm.
2. Trigger lock is engaged on the firearm.
3. Cable lock is engaged on the firearm.
(c) In a gun safe made of steel with a secure functioning biometric, electronic, or combination locking mechanism that is designed to store firearms and ammunitions. Ammunition may be locked in the gun safe with the firearm.
(4) Safe storage of other dangerous weapons. A dangerous weapon other than a firearm shall be stored in a locked area that is not readily accessible to a foster child.
(5) Carrying a concealed handgun. (a) A foster parent may carry a concealed handgun in the presence of a foster child if the foster parent has a license to carry a concealed weapon under s. 175.60, Stats., and carries the handgun using a holster or carry system that ensures that the firearm is in the control of the foster parent at all times. (b) Notwithstanding the license requirement in par. (a), a foster parent may carry a concealed handgun without a state license in accordance with 18 USC 926B and 18 USC 962C and other applicable law. (6) Hunting. A foster parent may allow a foster child to hunt in compliance with s. 29.591 or 29.592, Stats., and other applicable law, based on the reasonable and prudent parent standard. DCF 56.078 Transportation. (1) A foster parent or other person acting on behalf of the foster parent who transports a foster child for any purpose shall possess a valid driver’s license and vehicle liability insurance.
_Hlk170389702(2) A foster parent shall provide a foster child’s transportation or ensure the foster child’s access to other private transportation, public transportation, taxi, or ride share, so the foster child can attend medical appointments; visit family; get to school; and engage in social, religious, and cultural activities. (3) A foster parent or person acting on behalf of the foster parent may transport a foster child under the age of 8 years in a private motor vehicle only if the conditions in s. 347.48 (4), Stats., are met. (4) Each foster child who is not required to be in an individual child car safety seat or booster seat under sub. (3) when being transported shall be properly restrained by a seat belt, unless the foster child cannot be properly restrained in a seat belt because of a physical or medical condition and has obtained a written statement from a licensed physician that meets the requirements in s. Trans 315.03. (5) If it is anticipated that a foster child will drive the applicant’s motor vehicle, the applicant shall ensure that the foster child is insured.
SECTION 55. DCF 56.08 is repealed.
SECTION 56. DCF 56.085 is created to read:
_Hlk178000157DCF 56.085 Capacity. (1) Total number of persons receiving care. The number of persons receiving care in a foster home, including the combined total of foster children, children of the foster parent who are minors or less than 19 years of age and in high school, children receiving respite care, other children, and adults who need care may not exceed the following: (a) In a foster home with a Level 1 to 2 certification, 8 persons.
(b) In a foster home with a Level 3 to 5 certification, 6 persons.
(2) Number of foster children. Care and maintenance may be provided for no more than 6 foster children in a foster home, except as provided in sub. (4) or (5).
(3) Agency or department exceptions panel limit on number of foster children. (a) A licensing agency may limit the number of foster children placed in a Level l to 4 foster home to fewer than 6.
(b) The department exceptions panel may limit the number of foster children placed in a Level 5 foster home to fewer than 6.
(4) Agency exceptions. A licensing agency may grant an exception to sub. (2) under s. DCF 56.24 (1) and allow up to 8 foster children in a foster home if necessary to maintain any of the following: (a) A sibling connection.
(b) A parental connection between a minor parent and minor child.
(c) An established meaningful relationship between a child and foster parent.
(5) Department exceptions. A licensing agency may apply to the department exceptions panel for an exception to subs. (1) and (2) under s. DCF 56.24 (2) and allow care of 9 or more individuals, including foster children, in a foster home to maintain a relationship specified in sub. (4) (a) to (c). (6) License modification. The licensing agency shall modify the license to reflect a reduction in the number of foster children in the home if any of the children leave.
_Hlk178000315SECTION 57. DCF 56.09 (title), (1) (title), (intro.), and (a) are repealed and recreated to read: DCF 56.09 Care of a foster child. (1) General. A foster parent shall provide care that meets the following conditions:
(a) Is respectful toward the cultural beliefs, attitudes, and behaviors of a foster child and their family.
SECTION 58. DCF 56.09 (1) (am) to (dm) are repealed.
SECTION 59. DCF 56.09 (1) (em) to (o), (1g), and (1m) are repealed.
SECTION 60. DCF 56.09 (2) to (12) are repealed and recreated to read:
