Wisconsin Administrative Code
Department of Children and Families
DCF 021-99 - Safety and Permanence
Chapter DCF 56 - Foster Home Care For Children
Section DCF 56.05 - Licensee qualifications
Universal Citation: WI Admin Code ยง DCF 56.05
Current through August 26, 2024
(1) PERSONAL REQUIREMENTS AND BACKGROUND.
(a)
General.
1. A person licensed to operate a foster home
shall be a responsible, mature individual who is fit and qualified, exercises
sound judgment, displays the capacity to successfully nurture foster children,
does not abuse alcohol or drugs, and does not have a criminal conviction,
pending criminal charge, or a finding by a governmental body of a civil or
criminal violation of statutes, regulations, or ordinances that is
substantially related to the care of children or the operation of a foster
home. In determining whether a criminal conviction, pending criminal charge, or
finding by a governmental body is substantially related to the care of children
or the operation of a foster home, the licensing agency shall apply the factors
in s. DCF 12.06.
2. The applicant
or licensee shall give truthful and sufficient information to enable the
licensing agency to verify whether or not the applicant or licensee meets the
requirements under subd. 1.
3. In
determining whether a person is fit and qualified, the licensing agency shall
consider the person's qualifications under this section and whether the person
has a criminal conviction, pending criminal charge, or any finding by a
governmental body of a civil or criminal violation of statutes, regulations, or
ordinances of the United States, this state, any other state, any local
government, or any other U.S. jurisdiction that is substantially related to the
care of children or the operation of a foster home.
(b)
Characteristics.
1. `All foster parents.' As evidenced through
interviews with foster family members, the use of formalized assessment
systems, communication with references, and other methods considered to be
effective components of a comprehensive foster home study, a licensee shall
have or exhibit all of the following characteristics to a degree that will
allow the licensee to adequately provide foster care services:
a. An adequate understanding of what it means
to be a foster child and a recognition of a child's strengths and needs
consistent with the child's age and abilities, or a motivation to
learn.
b. A history of managing or
an indication of the ability to manage stress related to economic resources,
employment, home, neighborhood, family size, health problems, or other factors
and an indication of an ability to cope with an additional stress factor of the
placement of a foster child.
c. A
satisfactory self-concept.
d. An
ability to communicate ideas, feelings, and needs.
e. An outlook regarding the licensee's own
history that indicates that any negative aspects have been recognized and
adequately addressed.
f. Parenting
ability appropriate to the age, abilities, strengths, and needs of foster
children to be placed in the licensee's home or a motivation to
learn.
g. A history of positive
parenting, if applicable.
h. An
adequate knowledge of child growth and development or a motivation to
learn.
i. Reasonably constructive
social relationships and the ability to provide encouragement and understanding
of a foster child's need for positive social relationships.
j. Effective intrafamilial communication and
the existence of appropriate family roles, marital or other relationship
stability, integration into the community, and organization in the
home.
k. An appropriate
understanding of child abuse and neglect as a social problem or a motivation to
learn.
l. An appropriate
understanding of the needs of children who have been abused or neglected and of
parents who abuse or neglect their children or a motivation to learn.
m. Adequate preparation of all family members
to become a foster family, particularly preparation for the stress that having
a foster child in the family may place on each family member.
n. An appropriate motivation for applying to
be a foster family and an ability to follow through on difficult
endeavors.
o. A willingness to work
with the supervising agency, placing agency, licensing agency, and the
biological or adoptive parents in achieving a foster child's permanence goal as
established in the child's permanency plan.
p. A willingness to promote normalcy for a
foster child by encouraging the child to participate in age or developmentally
appropriate extracurricular, enrichment, cultural, and social activities under
s. DCF 56.09 (2m).
2.
`Level 3 to 5.' In addition to the requirements under subd. 1., a foster parent
who operates a foster home with a Level 3 to 5 certification shall have the
following knowledge, skills, and qualifications prior to placement of a child
in the foster home:
a. Knowledge of the
specific behavioral, emotional, or physical conditions; symptomology; and
treatment and care needs of the child to be placed.
b. Knowledge of the operation of any
specialized equipment and emergency back-up systems for the child to be
placed.
c. Recognition of
escalating symptoms or side-effects of the child's condition and appropriate
responses.
d. Knowledge of the
medications, services, and treatments of the child to be placed.
e. Knowledge of the care requirements and
techniques required for the child to be placed.
f. A demonstrated commitment to providing
care for a child with serious treatment needs.
g. Commitment and time to receive the
required pre-placement, initial, and ongoing training.
h. Ability to appropriately bond with the
child.
i. A demonstrated capacity
to deal effectively with the dependency needs of the child.
j. Availability at all times except when
respite care under s. DCF 56.21 or other arrangements for care of the child
have been made with the supervising or licensing agency.
(c)
Responsibilities.
1. `All
foster parents.' The licensee shall be familiar with the requirements of this
chapter and do all of the following:
a. Comply
with all of the requirements of this chapter.
b. Participate in the selection of and accept
foster children for care only in conformity with the conditions specified on
the license and with the approval of the licensing and supervising
agencies.
c. Cooperate fully with
the licensing agency and any other agency responsible for supervising foster
children in the licensee's care and keep the licensing agency and any other
responsible agency informed of each child's progress and problems.
d. Immediately notify the licensing agency of
any change in the job or work schedule of a foster parent who works outside the
home and notify the licensing agency of any impact this change will have on the
licensee's ability to provide foster care.
Note: See similar language related to in-home employment at s. DCF 56.09 (2) (a).
e. Cooperate and assist with efforts of the
supervising agency to maintain relationships between foster children and their
families and with the agency's efforts to implement plans for care and
treatment and for arranging a permanent living arrangement as required under s.
48.38 or
938.38,
Stats.
f. Allow the supervising
agency up to 30 days in which to make an alternate placement when the licensee
asks that a foster child be removed from the home.
g. Maintain in confidence all personal
information about foster children and their families.
h. Comply with serious incident reporting
requirements in s. DCF 56.06.
i.
Attend training sessions, permanency plan reviews, and other meetings as
required by the licensing, supervising, or placing agency.
j. Provide a respite care provider with
written and verbal information regarding the specific care needs of a child
each time respite care is used.
k.
Provide or arrange for a child's necessary transportation, unless otherwise
determined by the child's team or treatment team.
l. Advocate for the child with the child's
school system and have primary responsibility for communication with the
school, unless otherwise determined by the child's team or treatment
team.
m. Implement the child's case
plan, and if applicable treatment plan, cooperatively and
consistently.
n. Participate in
assessing a child's progress.
o.
Apply the reasonable and prudent parent standard when making decisions
concerning a foster child's participation in age or developmentally appropriate
extracurricular, enrichment, cultural, and social activities under s. DCF 56.09(2m).
2. `Foster home
with Level 3 to 5 certification.' In addition to the requirements under subd.
1., a foster parent who operates a foster home with a Level 3 to 5
certification shall do all of the following, unless otherwise determined by the
treatment team:
a. Participate as an active
team member in the development, implementation, and evaluation of the treatment
plan goals and objectives.
b.
Assume primary responsibility for implementing in-home care and treatment
strategies specified in the treatment plan.
c. Participate in developing a child's
individualized treatment plan.
d.
Notify the appropriate treatment team member of any problems or concerns
related to operating a foster home with a Level 3 to 5 certification.
e. Participate on a regularly scheduled
basis, but at least annually, in the evaluation of the foster parent's
performance operating a foster home with a Level 3 to 5 certification under s.
DCF 56.20.
(d)
Age. No person younger than 21 years of age may be licensed to
operate a foster home, except that a person 18 to 20 years of age may be
licensed to provide foster care for a relative.
(e)
Health.
1. The applicant for an initial license to
operate a foster home and all members of the household shall be free of
physical or mental conditions that would interfere with the ability of the
family to provide care for a foster child or threaten the health or safety of a
foster child.
3. If, at any time,
the licensing agency suspects or has reason to believe that the physical or
mental health of an applicant, licensee or other household member may pose a
threat to the health, safety or welfare of children in care, the licensing
agency may require an alcohol or other drug abuse assessment or a physical
health or mental health evaluation of the person as a condition for issuing or
continuing the license.
(f)
Background. The
applicant or licensee and any nonclient residents in the applicant or
licensee's home shall comply with the requirements in s.
48.685,
Stats., and s. DCF 56.055.
(g)
Reporting background changes. An applicant or licensee shall
immediately notify the licensing agency if any of the following applies to the
applicant, licensee, or a nonclient resident in the home:
1. The person has been convicted of any
crime.
2. The person is the subject
of a pending criminal charge.
3.
The person has been adjudicated delinquent for committing a crime.
4. The person is the subject of a delinquency
petition alleging that the person committed a crime.
5. A final substantiated finding has been
made that the person abused or neglected a child.
6. A finding that is comparable to a final
substantiated finding has been made in any other jurisdiction.
7. A governmental body made a finding that
the person abused or neglected any client or misappropriated the property of
any client.
8. The person has been
or is being investigated by any governmental agency for any other act, offense,
or omission, including an investigation related to the abuse or neglect, or
threat of abuse or neglect, to a child or other client, or an investigation
related to misappropriation of a client's property.
9. A person begins residing, or is expected
to reside, in the foster home.
(2) FINANCES. A foster parent shall have a stable income sufficient to meet the foster family's obligations without reliance on the basic maintenance payments received for the care of foster children placed in the foster home. An applicant for a license shall provide the licensing agency with verification of compliance with this subsection.
(3) VEHICLE LIABILITY INSURANCE.
(a) An applicant for either initial
licensing or for relicensing who plans to transport foster children in the
applicant's own vehicle shall provide the licensing agency with documentation
of current vehicle liability insurance coverage and shall ensure that the
insurance coverage continues in force throughout the term of
licensure.
(b) If it is anticipated
that a foster child will drive the applicant's motor vehicle, the applicant
shall ensure that the foster child is covered by the applicant's insurance
policy.
(4) HOMEOWNER'S OR RENTER'S LIABILITY INSURANCE.
(a) Except as
provided under sub. (5), before a foster home license is issued or renewed, the
applicant for an initial license or the foster parent applying for renewal of a
license shall furnish proof to the licensing agency of having homeowner's or
renter's liability insurance as required under s.
48.627(2) (a), Stats.
(b) A licensing agency shall have on file
verification that each foster parent licensed by that agency has insurance
coverage required under par. (a) and s.
48.627(2) (a), Stats., or shall have on file
documentation that the foster parent has been granted a waiver from that
requirement in accordance with sub. (5), or has been issued a license for a
period not to exceed 90 days to allow the foster parent to obtain necessary
documentation to request a waiver in accordance with sub. (5).
(5) WAIVER OF HOMEOWNER'S OR RENTER'S LIABILITY INSURANCE REQUIREMENT.
(a) In this subsection, "Wisconsin insurance
plan" means the mandatory risk-sharing insurance plan established under s.
619.01,
Stats., and s. Ins 4.10.
(b) A
foster parent or an applicant for a foster home license may request a waiver of
the requirement under sub. (4) (a) if the foster parent or applicant is unable
to obtain the required insurance, the insurance policy that the foster parent
or applicant had was canceled or payment of the premium for the required
insurance would cause undue financial hardship.
(c) A request for a waiver shall be sent
directly to the licensing agency and shall include one of the following:
1. A written denial of homeowner's liability
insurance by an insurance company for a reason other than the poor condition of
the property and a written denial of the same insurance coverage from the
Wisconsin insurance plan.
2. A
written cancellation of homeowner's liability insurance by an insurance company
for reasons other than nonpayment of premiums and a written denial of the same
coverage from the Wisconsin insurance plan.
3. A written denial of renter's liability
insurance from 2 insurance companies.
4. A written cancellation of renter's
liability insurance by an insurance company for reasons other than non-payment
of premiums and, in addition, a written denial of the same insurance coverage
from one other insurance company.
5. Documentation that payment of the
insurance premium would cause undue financial hardship for the foster parent or
applicant as evidenced by any of the following:
a. The foster family or applicant is a
participant in the Wisconsin Works program under ss.
49.141 to
49.161,
Stats.
b. The foster parent or
applicant is receiving supplemental security income under
42 USC
1381 to
1383d.
c. The foster family's or applicant's income
is at or below the minimum family budget determined by the department for
purposes of administering the uniform fee system under ch. DHS 1.
Note: A foster parent has limited liability under s. 895.485, Stats. This does not mean that the foster parent has no liability. In the event that a foster parent is sued, the foster parent may be liable for any judgment and attorney's fees. As such, a waiver of the insurance requirement should be made only in rare circumstances.
(d) Within 30 days after receipt of a request
that is accompanied by the documentation required under par. (c), the licensing
agency shall either waive the requirement or deny the request for a waiver, and
shall notify the applicant or foster parent in writing of its decision and the
reasons for the decision.
The Wisconsin Insurance Plan is property insurance of the last resort. A foster parent and an applicant for a foster home license should consider the Wisconsin Insurance Plan only if they cannot obtain conventional insurance from an insurance company. For information on the Wisconsin Insurance Plan, contact any insurance agency or the Wisconsin Insurance Plan, 700 W. Michigan Street, Milwaukee, WI 53233; phone 414-291-5353.
Disclaimer: These regulations may not be the most recent version. Wisconsin may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
