Wisconsin Administrative Code
Department of Children and Families
DCF 021-99 - Safety and Permanence
Chapter DCF 56 - Foster Home Care For Children
Section DCF 56.02 - Applicability

1. A licensing agency may grant an exception to any requirement in this chapter if the licensing agency determines that the exception will not jeopardize the health, safety or welfare of the foster children, except that the licensing agency may not grant an exception to any of the following requirements: ss. DCF 56.04 (1), (2), (4) (a) 1., 2., 5., 5m., 8., or 9. or (b) 2., (6), (7) or (8), 56.05 (1) (a), (b) 1. b. or p., 2. b., d., or g., (c) 1. b., c., d., e., g., h., i., j., k., L., m., n., or 2., (d), (f), or (3) (a), 56.06, 56.07 (3) (a), (4) (b), (c), (e), (f), (g), or (h), (5) (a), (6), or (10) (a), 56.08 (1), (2), (3), (4), (5), (6) (c) 1., 2., 3. or 4. a., (7) (a) 3., (8) (a), or (c), (10), or (10m), 56.09 (1), (1g), (1m) (a) to (f), (2) (c), (2m), (3), (4) (c), (d) or (dm), (5), (9), (11), or (12) (a), (c) or (d), 56.12, 56.13 (1), (2), (3), (4) (a) 1., 2., or (b), (5) (a), (b) 1. or 2., (c), (6) (a), (b) 1. or 2., (c), (7), (8), 56.14 (1), (2), (3), (4), (5), (6), (6d), (6h), (6p), (6t), (7), (7e), (7m), (7s), (8) (a) or (b) 3., 56.15, 56.16, 56.18, 56.19, 56.21 (2), 56.22, or 56.23.

2. An applicant or licensee wanting an exception to a nonstatutory requirement in this chapter that the licensing agency has authority to grant shall submit a written request to the licensing agency stating the specific provision of this chapter for which an exception is requested, the justification for the requested exception and an explanation of any alternative provision planned to meet the intent of the requirement.

3. Any exception granted under subd. 2. or par. (b) shall be specifically cited on the license and shall be in effect only as long as the conditions under which the exception was granted remain but no longer than 2 years from the date on which the exception is granted or the date the license terminates, whichever occurs first, by which time the licensing agency shall determine if there is continued justification for the exception. In addition, the licensing agency may impose conditions to be met within a specified period of time by the licensee as an alternative to compliance with the requirement for which an exception has been granted.

1. An applicant or licensee wanting an exception to a nonstatutory requirement in this chapter that the licensing agency may not grant may ask the department exceptions panel to grant the exception, with the approval of the licensing agency. A request for an exception under this paragraph shall be in writing on a form prescribed by the department.

Note: Copies of the Department's request form, "Application to DCF Exceptions Panel for Exception to Ch. DCF 56," can be obtained from the licensing agency or by visiting the Department's website at: https://dcf.wisconsin.gov/cwportal/fc/forms.

2. Any request under subd. 1. shall include all of the following information:

3. The applicant or licensee shall submit the completed request form to the licensing agency.

4. In the space indicated on the exception request form, the licensing agency's authorized representative shall state whether the licensing agency supports the request, does not support the request, or supports some alternative to the request and shall justify the licensing agency's position and sign and date the request form.

5. If the licensing agency approves the request or some alternative to the request, the licensing agency shall submit the completed request form to the department within 10 working days after the agency's receipt of the request form from the applicant or licensee. The licensing agency shall not submit to the department any request that it does not support.

6.

7.

1. The licensing agency may grant a waiver to any requirement in s. DCF 56.04 (4) (a) 7., 56.05 (4), 56.07 (2), (4) (a) 1. or 4., (d), (j), (k), (L), (7), or (8), or 56.09 (4) (g) 1., (6), (7), (8), or (10) (b), (c), (d), (e), or (f).

2. The department exceptions panel may grant a waiver to any requirement in s. DCF 56.04 (4) (a) 2. or 56.07 (4) (b) or (6) (b). A request for a waiver shall follow the same procedure as a request for an exception under par. (b), except an explanation of an alternative under par. (b) 2. e. is not required.