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 DCF 56.09 (1) (am) to (dm) are repealed.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 DCF 56.09 (1) (em) to (o), (1g), and (1m) are repealed.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 DCF 56.09 (2) to (12) are repealed and recreated to read: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.
(b) The foster parent and the supervising agency shall coordinate transportation for visits required under the family interaction plan.
(6) Personal belongings. Any personal belonging that a foster child had when placed in the foster home, that was purchased on behalf of the foster child with public funds, that the foster child received as a gift or earned, including money, belong to the foster child and the foster child shall take them when the placement ends, unless the items are permanently affixed to the foster home.
(7) Household chores. (a) A foster parent may require a foster child to share in household chores appropriate to the foster child’s age, degree of maturity, mental capability, health, and physical ability. These duties shall be similar to those required of other children in the home and may not interfere with a foster child’s school attendance, family visits, sleep, studies, or cultural practices or traditions, including religious practices.
(b) A foster parent shall compensate a foster child in the same manner that other children in the home are compensated for household chores or labor that goes beyond household chores.
(c) A foster child may not be expected to perform labor that goes beyond household chores or financially benefits the foster parent without the foster child’s agreement and approval of the foster child’s parent, guardian, legal custodian, or Indian custodian and approval of the supervising agency.
(8) Health of a foster child. (a) A foster parent shall schedule an appointment with the foster child’s medical provider within the first 30 days after placement, unless the foster child is current on medical well-child checks and vaccinations.
(b) A foster parent shall ensure that the foster child receives medical treatment based on the recommended preventative pediatric health care schedule for continued well-child checks and twice-yearly dental cleanings.
(c) A foster parent shall ensure that a foster child who needs medical, dental, mental, or behavioral health attention receives appropriate and adequate services promptly.
(d) A foster parent may not deny a foster child access to confidential family planning and reproductive health services.
(e) 1. A foster parent may not smoke or vape or allow another person to smoke or vape in the foster home or in a vehicle when a foster child is present.
2. Nothing in this paragraph shall be interpreted to interfere with traditional or established spiritual or cultural ceremonies involving the use of tobacco.
(9) Nutrition. (a) A foster parent shall ensure that a foster child receives food that meets the foster child’s daily nutritional needs.
(b) A foster child shall be given choices in food that are in accordance with the foster child’s cultural practices or dietary preferences, unless a medical provider advises against it and the placing agency maintains documentation from the medical provider.
(c) No foster child may be forced to eat against their wishes except by court order and under the supervision of a medical provider.
(d) A foster parent may not lock or restrict access to food from a foster child unless directed by a medical provider or mental health professional and the placing agency maintains documentation.
(e) A foster parent caring for an infant foster child, birth to 12 months of age, shall follow nutritional guidance provided by the foster child’s medical provider.
(10) Education. (a) A foster parent shall make every reasonable effort to ensure that a foster child of school age in their care attends school unless otherwise excused by school officials.
(b) A foster parent may not provide a home-based private educational program to a foster child in their care. This does not apply to homebound study under s. 118.15 (1), Stats., or as specified in the foster child’s individualized education program. (11) Regular child care outside the foster home. (a) In this section, “unregulated child care provider” means a person the foster parent believes will be a responsible provider of regular child care provided outside the foster home but who does not have a license or certification to provide child care.
(b) A foster parent shall use a child care provider that is licensed under ch. DCF 250, 251, or 252 or certified under ch. DCF 202, except as provided in par. (c). (c) A licensing agency may grant an exception to par. (b) and allow the foster parent to use an unregulated child care provider if any of the following conditions is met:
1. There is no licensed or certified child care provider within 15 miles of the foster home.
2.There is no opening available at a licensed or certified child care provider that is within 15 miles of the foster home, and the foster child has been placed on a waitlist.
3. The supervising agency determines that care by the unregulated child care provider is in the best interest of the foster child.
(d) Prior to the foster parent using an unregulated provider for regular child care outside the foster home, the licensing agency or supervising agency shall do all of the following:
1. Complete the background check under s. 48.685 (2) (am), Stats., for the unregulated child care provider and under s. 48.685 (2) (b), Stats., for any nonclient resident of the unregulated child care provider who will have regular, direct contact with the foster child. 2. Verify that the unregulated child care provider is not providing child care for more than 3 unrelated children under the age of 7 for compensation for less than 24 hours per day.
3. Obtain the unregulated child care provider’s agreement to abide by subs. (2) (a) and (b), (14), and (15).
(12) Care of others in the foster home. (a) A foster parent may combine the care of a foster child with the care of other nonrelated children or adults only with the written approval of the licensing agency and any other certification or licensing agency.
(b) The licensing agency shall confer with any other certification or licensing agency prior to granting approval and may approve a request only if the foster parent presents satisfactory evidence that the additional activities will not interfere with the quality or manner of care provided to the foster child.
SECTION 61. DCF 56.09 (13) to (16) are created to read:
DCF 56.09 (13) Search. (a) A foster parent may conduct a search without a foster child’s consent if the foster parent believes a search is necessary to prevent harm to the foster child or another person.
(b) The foster parent shall share information about the search with the supervising agency and licensing agency.
(c) The foster parent shall inform the foster child of the search if the foster child did not consent in advance.
(14) Discipline. (a) A foster parent shall consider a foster child’s trauma history; age; and cognitive, emotional, physical, and behavioral capacities to understand and learn age-appropriate behaviors when deciding on the appropriate disciplinary action for the foster child, including the use of timeouts.
(b) A foster parent may restrict a foster child’s access to their phone, tablet, or other device as a consequence provided that the foster parent allows the foster child to communicate with their family, service providers and others associated with their placement and their attorney or guardian ad litem.
(c) A foster parent may not punish a foster child by depriving them of their basic needs, including food, sleep, clothing, toileting access, and interactions with their family.
(d) A foster parent may not subject any foster child to verbal abuse, profanity, humiliation, or derogatory remarks about the foster child or the foster child’s family or to threats to expel the foster child from the foster home.
(e) 1. In this paragraph, “physical punishment” means inflicting any kind of physical pain or discomfort on a foster child, including hitting, slapping, spanking, punching, shaking, kicking, biting, or washing out a foster child’s mouth with soap.
2. Physical punishment of a foster child is prohibited.
(f) A foster parent may not do any of the following:
1. Lock a foster child in any enclosure, room, closet, or other part of the foster home or elsewhere on the premises.
2. Restrain a foster child using any physical apparatus that interferes with the free movement of their limbs and body.
(15) Physical restraint. (a) A foster parent may not use any type of physical restraint on a foster child unless the foster child’s behavior presents an imminent danger of harm to self or others and physical restraint is necessary to contain the risk and keep the foster child and others safe.
