DCF 56.13(7)(f)6.b. 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.

DCF 56.13 Note 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.

DCF 56.13(7)(f)6.c. 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.

DCF 56.13(7)(f)6.d. 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.

DCF 56.13(7)(f)7. 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.

DCF 56.13 Note Note: A HealthCheck form may be obtained by contacting the local public health department.

DCF 56.13(7)(f)8. 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.

DCF 56.13(7)(f)9. 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.

DCF 56.13(7)(f)10. 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:

DCF 56.13(7)(f)10.a. a. Complete a minimum 40 hours of pre-placement training under s. DCF 56.14 (6t).

DCF 56.13(7)(f)10.b. b. Work with qualified, experienced program staff or similar professionals for at least the first 80 hours of employment.

DCF 56.13(7)(f)11. 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.

DCF 56.13(7)(g) (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:

DCF 56.13(7)(g)1. 1. Notify the licensing agency.

DCF 56.13(7)(g)2. 2. Orient the volunteer to the activities that the volunteer may perform as specified in the foster home’s personnel policies and procedures.

DCF 56.13(7)(g)3. 3. Get permission from the child’s parent or guardian to allow the volunteer to perform the activities.

DCF 56.13(7)(g)4. 4. Require each volunteer to maintain in confidence all information about the foster child and the child’s family.

DCF 56.13(7)(h) (h) Placements into a Level 5 foster home.

DCF 56.13(7)(h)1. 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.

DCF 56.13(7)(h)2. 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.

DCF 56.13(7)(h)3. 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.

DCF 56.13(7)(h)4. 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.

DCF 56.13(7)(h)5. 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.

DCF 56.13 Note 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).

DCF 56.13(7)(m) (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.

DCF 56.13(7)(n) (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.

DCF 56.13(8) (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:

DCF 56.13(8)(a) (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.

DCF 56.13(8)(b) (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.