(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:
DCF 56.09 (2) Supervision. (a) A foster parent may not leave a foster child under 10 years of age without supervision by a responsible care provider.
(b) A foster parent shall ensure that a foster child receives responsible supervision appropriate to their age, maturity, and abilities.
(c) A foster parent shall use the reasonable and prudent parenting standard to determine whether a foster child may be unsupervised.
(d) 1. A foster parent may use a video or audio monitor inside the foster home to monitor a foster child who is under 2 years of age.
2. A foster parent may use a video or audio monitor inside the foster home to monitor a foster child who is 2 years of age or over only if there is a specific safety need that can only be met through the use of video or audio monitoring and the supervising agency approves.
3. A foster parent may not record the video or audio used for monitoring a foster child inside the foster home.
4. A foster parent may take a video or audio recording of a social or recreational activity that a foster child is taking part in.
(3) Reasonable and prudent parent standard. (a) Promote normalcy. A foster parent shall promote normalcy for a foster child by using the reasonable and prudent parent standard when making a decision concerning the foster child’s participation in age or developmentally appropriate extracurricular, enrichment, cultural, and social activities.
(b) Reasonable and prudent parenting standard. When a foster parent is making a decision concerning participation in an activity by a foster child placed in the foster home, the foster parent shall use a decision-making standard that is characterized by careful and sensible parental decisions that maintain the health, safety, best interests, and cultural, religious, and tribal values of a foster child while at the same time encouraging the emotional and developmental growth of the foster child.
(c) Decision-making factors. When applying the reasonable and prudent parenting standard, the foster parent shall consider all of the following:
1. The health, safety, and best interests of the foster child.
2. The physical and emotional developmental level of the foster child.
3. The foster child’s wishes, as gathered by engaging the foster child in an age-appropriate discussion about participation in the activity.
4. The cultural, religious, and tribal values of a foster child and the foster child’s family. If reasonably possible to do so, the foster parent shall consult with the foster child’s parent, guardian, legal custodian, or Indian custodian about the foster child’s participation in extracurricular, enrichment, cultural, and social activities and the foster child’s cultural, religious, and tribal values, in making decisions concerning the foster child’s participation in those activities, but is not required to consult with the parent, guardian, legal custodian, or Indian custodian about every decision affecting the foster child. If the foster parent is unable to consult with the foster child’s parent, guardian, legal custodian, or Indian custodian, they shall consult with the supervising agency about any cultural, religious or tribal values to be considered.
5. Court orders and other legal considerations affecting the foster child, including the prohibitions in par. (g).
6. Potential risks of the activity under consideration.
7. Whether participating in the activity will provide an experience that is similar to the experiences of the foster parent’s children and other children in the home.
8. Developmental activities of peers.
9. Information on the forms required under ch. DCF 37. Note: The forms required under ch. DCF 37 are DCF-F-872A-E, Information for Out-of-Home Care Providers, Part A and DCF-F-872B-E, Information for Out-of-Home Care Providers, Part B. Both forms are available on the department website at https://dcf.wisconsin.gov/cwportal/fc/forms. (d) Indian child. If the foster child is an Indian child, the supervising agency shall ask the foster child’s parent, guardian, or Indian custodian and the Indian child’s tribe about specific tribal values and customs and provide this information to the foster parent.
(e) Conflicting appointments. If an activity that promotes normalcy conflicts with a scheduled family interaction, therapy, or other appointment, the foster parent shall consult with the foster child’s child welfare professional about whether the activity can be accommodated.
_Hlk184982814(f) Foster child’s hair. 1. A foster parent may not authorize any significant changes to a foster child’s hair, such as haircuts or style or color changes, without permission from the foster child’s parent, guardian, legal custodian, or Indian custodian. 2. A foster child who is age 12 years or older may make their own hair care decisions.
3. A foster parent may authorize hair care services needed to maintain the style, cut, and color of a foster child’s hair.
(g) Prohibitions. A foster parent may not do any of the following:
1. Permit the foster child to participate in an activity that would violate a court order or any federal or state statute, rule, or regulation.
2. Make a decision that conflicts with the foster child’s permanency plan or family interaction plan.
3. Consent to the foster child’s marriage.
4. Authorize the foster child’s enlistment in the U.S. armed forces.
5. Authorize medical, psychiatric, or surgical treatment for the foster child beyond the terms of the consent for medical services authorized by the foster child’s parent, guardian, legal custodian, or Indian custodian.
6. Represent the foster child in a legal action or make a decision of substantial legal significance.
7. Determine which school the foster child attends or make a decision for the foster child regarding an educational right or requirement that is provided in federal or state law.
8. Require or prohibit a foster child’s participation in an age or developmentally appropriate extracurricular, enrichment, cultural, or social activity solely for the foster parent’s own convenience or based solely on the foster parent’s own values.
(4) Agency approval. (a) A foster parent shall secure approval from the supervising agency before taking a foster child out of state for more than 48 hours.
(b) A foster parent shall secure approval from the supervising agency before making plans for the care of a foster child by any other person in or away from the foster home for more than 72 hours.
(5) Family interaction plan. (a) A foster parent shall follow the family interaction plan that was developed by the placing agency and the foster child’s parent, guardian, or Indian custodian.
