Current through August 26, 2024
(1) GENERAL REQUIREMENTS.
(a) A foster home shall be so constructed,
arranged and maintained that it is safe for all occupants, and the health of
all occupants is safeguarded. The home shall be large enough and its living
areas large enough for the number and ages of the foster children and other
household members. The home shall have furnishings and equipment necessary to
adequately accommodate the foster children and other persons living in the
home. The property on which the foster home is situated, including all other
buildings and structures on that property, shall be maintained in a state of
good repair and in a sanitary condition so that it is safe for the occupants
and their health is safeguarded.
(b) The licensing agency shall request fire,
health, sanitation or safety officials to inspect the foster home or the entire
premises when more expert opinion is necessary to help the agency evaluate the
safety of the home.
(1m) EXTERIOR ACCESS. If necessary for a
child to access the foster home where the child is placed, at least one
entrance to the foster home shall be level or ramped in accordance with ch. SPS
362 and in a manner that provides safe access for the child.
(2) INTERIOR LIVING AREA.
(a) An applicant applying on or after
September 1, 1990, for an initial license to operate a foster home shall
provide a minimum of 200 square feet of living area for each household member,
including each foster child, unless a higher minimum is deemed necessary by the
licensing agency to accommodate wheelchairs or other special equipment used by
a foster child.
(b) Doorways and
passageways to the common rooms of the foster home, a complete bathroom, and
the child's bedroom shall meet standards relating to accessibility in ch. SPS
362 if either of the following apply:
1. The
child uses a wheelchair.
2. The
child has significant mobility limitations and is too big to be safely
carried.
(3)
BATH AND TOILET FACILITIES.
(a) An applicant
for an initial license to operate a foster home or any licensee who changes the
location of the foster home on or after September 1, 1990, shall provide at
least one complete bathroom for every 8 household members including foster
children. Bath and toilet facilities that are accessible only through a
sleeping room may be counted only for the occupants of that room.
(b) The door of each bathroom shall have a
lock that may be opened from the outside in an emergency.
(c) Bathrooms shall be located within the
foster home.
(d) At least one
bathroom shall be constructed in conformity with ch. SPS 362 if a foster child
has physical disabilities that require special equipment or clear floor
space.
(4) SLEEPING
ARRANGEMENTS.
(a)
1. Each foster child shall be provided with a
separate bed, except 2 related children of the same sex over the age of one and
under 12 years of age may share a double or larger bed.
1m. Each infant child, birth to 12 months of
age, shall sleep alone in a crib, bassinet, or playpen.
2. Each crib shall have crib slats that are
securely fastened in place and are spaced no more than 2 3/8 inches apart. The
mattress shall fit snugly so that there are no more than 11/2 inches
between the edge of the mattress and crib side. Crib sheets shall fit snugly to
the mattress. Blankets used to cover the child shall be tucked tightly under
the mattress and shall be kept away from the child's mouth and nose.
3. Each bed shall be large enough to be
comfortable for the child, provide adequate body support and be equipped with a
clean and comfortable mattress and with a waterproof covering when necessary.
The foster child shall be provided blankets that are adequate for the
season.
4. There shall be a minimum
of 2 feet horizontally between beds except that between bunk beds there shall
be a minimum of 5 feet.
5. For the
top bed of a bunk bed, there shall be a minimum of 3 feet between the top of
the mattress and the ceiling or any light or other fixture protruding from the
ceiling above the bed.
6. A foster
child under 4 years of age or who has a disability that limits mobility may not
sleep on the top bed of a bunk bed.
7. A top bunk shall have a safety rail if
occupied by a child under 8 years of age.
8. Triple-decked beds may not be
used.
(b) No foster
child one year of age or older may regularly share a bedroom with an adult
unless a physician determines that it is medically necessary and the licensing
agency approves.
(c) No foster
child 6 years of age or older may regularly share a bedroom with another child
of the opposite sex.
(d) Each
bedroom occupied by a foster child shall have a minimum floor space of 40
square feet per child, unless the licensing agency determines a higher minimum
is necessary to accommodate wheelchairs or other special equipment used by a
foster child.
(e) No foster child
may regularly sleep in any building, apartment or other structure on the
premises which is separate from the foster home, nor may any foster child
regularly sleep in an unfinished attic, an unfinished basement, a hallway or in
any room normally used for purposes other than sleeping. No household member
may regularly sleep in any of these places in order to accommodate the presence
of the foster child.
(f) No foster
child under the age of 7 years or a child with limited mobility or functioning
may regularly sleep in a finished basement bedroom or in a bedroom above the
second floor of a single family dwelling.
(g) No foster child 7 years of age or older
may regularly sleep in a finished basement bedroom or in a bedroom above the
second floor of a single family dwelling unless all of the following conditions
are met:
1. There are 2 exits to grade from
that floor level. Exits from a basement shall comply with s.
SPS 321.03(5) (b) and
(6).
2. Provision has been made for adequate
heating, cooling, ventilation, and humidity control.
3. Access to and exit from these locations
are appropriate given the child's ambulatory level and use of mechanical
devices, such as wheelchairs and walkers.
(h) A responsible care provider shall sleep
within call of foster children during the night. An exception may be granted
only if the child is at least 16 years of age and the supervising agency gives
its approval.
(i) Each bedroom
occupied by a foster child shall have a door for privacy, a window that allows
natural light to enter, and adequate ventilation.
(j) A sleeping room that someone must pass
through to get to another part of the building may not be used for a foster
child.
(k) A foster child may not
regularly sleep in a room to which access can be gained only through another
occupied sleeping room.
(L) No
more than 4 children may regularly occupy one bedroom.
(5) TELEPHONE.
(a) A foster home shall have at least one
operating telephone accessible to a child at all times when a child is present
in the home.
(b) Emergency
telephone numbers, including fire department, police, hospital, physician,
poison control center and ambulance, shall be posted by each telephone in a
foster home.
(c) A licensee shall
notify the licensing and supervising agencies no later than the end of the next
working day from the date that a foster home telephone number is
changed.
(6) HEATING.
(a) A foster home shall have a heating system
that is capable of maintaining a comfortable temperature of not less than
68° F., or 20° C., in living areas.
(b) No foster home may be maintained at any
time at a temperature of less than 68° F., or 20° C., during waking
hours or 58° F., or 14° C., during sleeping hours unless written
approval has been obtained from the licensing agency.
(c) Unvented gas, oil or kerosene space
heaters may not be used in a foster home.
(d)
1. All
wood-burning or other alternative heating source equipment in a foster home,
except a fireplace, shall be inspected by a fire safety expert at least
biennially and certified as properly installed and maintained as defined by the
manufacturer's recommendations or specifications or other standards utilized by
the fire safety expert. The licensee shall forward documentation of compliance
with this paragraph to the licensing agency. If required by the licensing
agency, a fireplace shall also be inspected by a fire safety expert.
2. In the event that a fire safety expert
will not inspect or will not document an inspection of wood-burning equipment,
the applicant or licensee shall permit the licensing agency to conduct an
inspection of the equipment or shall provide the licensing agency with a
statement from the homeowner's or renter's insurance provider confirming the
provider's knowledge of the wood-burning equipment in the home.
(e) No heating equipment may be
located so that it blocks or hinders an exit from the foster home.
(7) STORAGE. The licensee shall
provide enough drawer and closet space to reasonably accommodate each foster
child's clothing and other personal belongings.
(8) OUTDOOR RECREATION AND PLAY SPACE.
(a) Each foster home shall have available
outdoor recreation and play space either on the premises or nearby.
(b) A licensing agency may require a licensee
to erect a fence around an on-premises play area when nearby vehicle traffic,
railroad tracks, a swimming pool, a lake, a pond or river or a similar hazard
presents a threat to the safety of foster children.
(c) Any outdoor porch on a first floor that
is more than 4 feet above grade or on or above the second floor of a foster
home shall have a railing suitably designed to safeguard foster children who
may be on the porch.
(9)
MAINTENANCE AND REPAIR. The foster home, all other buildings and structures on
the premises and all equipment and furnishings shall be maintained in a safe
and proper state of repair. Broken, rundown, defective, inoperative or unsafe
building parts, furnishings and equipment shall be promptly repaired, replaced
or discarded.
(10) SANITATION.
(a) The outside recreation and play space,
furnishings, and equipment for a foster home shall be maintained in a clean and
sanitary condition.
(b) Windows
that are used for ventilation shall be screened.